Wrongly Convicted Database Record

 

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Cainis Redmond MacKintrush

 

Charge:

Drug Related (Possession or sale)

Sentence:

12 years

Years Imprisoned:

2

Year Crime:

2014

Year Convicted:

2014

Year Cleared:

2016

U.S. State or Country of Crime:

Arkansas

County or Region of Crime:

Pulaski

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Cainis Redmond MacKintrush was wrongly convicted in 2014 of possession of a Schedule III substance with the purpose to deliver, possession of a Schedule III substance, and possession of drug paraphernalia. The trial judge denied MacKintrush's pre-trial motion to suppress the evidence that on March 19, 2014 had been seized on the basis the police did not have reasonable suspicion that he was involved in any illegal activity. After MacKintrush's conviction he was sentenced to a total term of imprisonment of 144 months. On January 21, 2016 the Arkansas Supreme Court ruled in a 4-3 majority opinion that the judge erred in denying MacKintrush's motion to suppress because each of the causes for suspicion by the officers cited by the state could have an innocent explanation. Consequently, “Under the totality of the circumstances, specific, particularized, and articulable reasons indicating that MacKintrush was involved in criminal activity were lacking.""

Conviction Caused By:

Illegal search by officer who did not have probable cause (reasonable suspicion) to seize the package containing the evidence the prosecution relied on to obtain MacKintrush's convictions.

Innocence Proved By:

"On January 21, 2016 the Arkansas Supreme Court ruled in a 4-3 majority opinion that the judge erred in denying MacKintrush's motion to suppress because each of the causes for suspicion by the officers cited by the state could have an innocent explanation. Consequently, “Under the totality of the circumstances, specific, particularized, and articulable reasons indicating that MacKintrush was involved in criminal activity were lacking.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"MacKintrush v. State, 2016 Ark. 14 (No. CR-15-387) (Ark. Sup. Ct., 1/21/2016) (Reversing conviction based on trial judge's error denying MacKintrush's motion to suppress the evidence seized by police without reasonable suspicion to believe he was involved in illegal activity.)"

Information Location 1:

http://opinions.aoc.arkansas.gov/WebLink8/0/doc/352791/Electronic.aspx

Information Source 2:

"Court Overturns Conviction, Citing Improper Search, By By John Lyon (Arkansas News Bureau), Times Record (Fort Smith, Ark.), January 21, 2015"

Information Location 2:

http://swtimes.com/news/state-news/court-overturns-conviction-citing-improper-search

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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