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Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
11 years |
Years Imprisoned: |
2 |
Year Crime: |
2006 |
Year Convicted: |
2008 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Cuyahoga |
City of Crime: |
Cleveland |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Yanko Mansaray was wrongly convicted in 2008 of drug possession, possession of criminal tools, and having a weapon while under disability in Cleveland, Ohio on December 8, 2006. Mansaray's prosecution was based on ecstasy pills and a weapon found in his home when U.S. Marshals went there looking for another man, and they searched his home without a warrant even though Mansaray accurately told them he wasn't in his house. The U.S. Marshals provided the information and evidence to the Cleveland Police Department, and the Cuyahoga County District Attorney's Office for prosecution under state laws. Mansaray was indicted in 2007. The trial judge denied Mansaray's pre-trial motion to suppress all evidence discovered during what he contended was the illegal warrantless search of his home, and dismiss the charges. During a bifurcated trial, the jury found Mansaray guilty of drug possession and possession of criminal tools, and the judge found him guilty of having a weapon while under disability. The judge sentenced Mansaray to 11 years in prison. On October 21, 2010 the Ohio Court of Appeals, Eighth District (Cuyahoga County) reversed Yanko Mansaray's convictions on the basis the trial judge erred in denying his pre-trial motion to suppress all evidence seized from his house without a search warrant, while the police were looking for a different person who Mansaray had correctly told them wasn't in his house. On remand the Cuyahoga County District Attorney's motion to dismiss the charges against Mansaray was granted and he was released from custody. In September 2011 Mansaray filed a claim for under Ohio's wrongful imprisonment compensation act, R.C. 2743.48, alleging an error in procedure by the trial judge resulted in his wrongful imprisonment. The State's response was that Mansaray's claim was barred because R.C. 2743.48 requires that the alleged cause of his wrongful imprisonment did not occur "subsequent to his sentencing and during or subsequent to his imprisonment" -- but prior to his sentencing and imprisonment. The trial court granted the State's motion to dismiss. Mansaray appealed. On July 26, 2012 the Ohio Court of Appeals, Eighth District (Cuyahoga County) reversed the trial judge, and ruled that Mansaray's suit complied with the law by stating a claim he had been "wrongfully imprisoned" as set forth in the statute. The State appealed. On March 5, 2014 the Ohio Supreme Court reversed the appeals court, in ruling that Mansaray failed to satisfy the requirement of R.C. 2743.48 that his wrongful imprisonment must occur "subsequent to his sentencing and during or subsequent to his imprisonment."" |
Conviction Caused By: |
Trial judge erred in denying pre-trial motion to suppress illegally seized evidence. |
Innocence Proved By: |
"On October 21, 2010 the Ohio Court of Appeals, Eighth District (Cuyahoga County) reversed Yanko Mansaray's convictions on the basis the trial judge erred in denying his pre-trial motion to suppress all evidence seized from his house without a search warrant, while the police were looking for a different person who Mansaray had correctly told them wasn't in his house." |
Defendant Aided By: |
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Compensation Awarded: |
Denied by Ohio Supreme Court in 2014. |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"Unmerited wrongful imprisonment provisions don't belong in Ohio budget, Brian Gutkoski (Opinion), Cleveland Plain Dealer, June 25, 2017" |
Information Location 1: |
http://www.cleveland.com/opinion/index.ssf/2017/06/excise_from_ohio_budget_unmeri.html |
Information Source 2: |
"State v. Mansaray, 2010 Ohio 5119 (Ohio Court of Appeals, 8th Appellate Dist. 2010) (Reversing conviction based on prosecution's use of fruits of the poisonous tree -- obtaining evidence from Mansaray's house without a search warrant.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=8685270955403845639&q=Yanko+Mansaray&hl=en&as_sdt=6,48" |
Information Source 3: |
"Mansaray v. State, 138 Ohio St. 3d 277 (Ohio Supreme Court 2014) (Mansaray is not entitled to compensation under Ohio's statute that requires his wrongful imprisonment must occur "subsequent to his sentencing and during or subsequent to his imprisonment" -- not prior to when it occurs." |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=10017417426420705805&q=Yanko+Mansaray&hl=en&as_sdt=6,48" |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org