Wrongly Convicted Database Record
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Charge: |
Gang Affiliation |
Sentence: |
60 days in jail |
Years Imprisoned: |
0.167 |
Year Crime: |
2012 |
Year Convicted: |
2012 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Utah |
County or Region of Crime: |
Weber |
City of Crime: |
Ogden |
Result: |
Judicially Exonerated |
Summary of Case: |
"Leland McCubbin was wrongly convicted of violating an injunction by the City of Ogden, Utah against the Trece street gang. The injunction banned Trece members from gathering in public except for such activities as work or church attendance, and imposed a curfew of 11 a.m. on the gang. McCubbin served 60 days in jail. In May 2012 McCubbin notified the Court in May 2012, months before the temporary injunction against the gang was made permanent in August 2012, that he was no longer a member of the gang. In June 2015 Weber County Judge Mike DiReda ordered dismissal of McCubbin's conviction on the primary ground it was based on his alleged violation of an injunction the Utah Supreme Court ruled in October 2013 violated the state and federal constitutional rights of alleged members of the Trece gang. McCubbin was also not a member of the gang at the time he was charged with violating the preliminary injunction. There are believed to be 50 or more alleged members of the Trece gang will have their convictions of violating the injunctio dismissed. Those peoples given sentences ranging from fines to jail terms," |
Conviction Caused By: |
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Innocence Proved By: |
In June 2015 Weber County Judge Mike DiReda ordered dismissal of McCubbin's conviction on the ground it was based on his alleged violation of an injunction the Utah Supreme Court ruled in October 2013 violated the state and federal constitutional rights of alleged members of the Trece gang. |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
39 |
Age When Released: |
39 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Ogden judge tosses two gang injunction convictions, By Jessica Miller (Staff), The Salt Lake Tribune, June 11, 2015" |
Information Location 1: |
http://www.sltrib.com/news/2614818-155/ogden-judge-tosses-two-gang-injunction |
Information Source 2: |
"Frustrated judge barks at lawyers in Ogden Trece case, By Tim Gurrister (Correspondent), Standard-Examiner (Ogden, UT), November 12 2012" |
Information Location 2: |
http://www.standard.net/Courts/2015/04/22/Frustrated-judge-barks-at-lawyers-in-Ogden-Trece-case |
Information Source 3: |
"Third Trece member has name taken off injunction, By Tim Gurrister (Correspondent), Standard-Examiner (Ogden, UT), November 12 2012" |
Information Location 3: |
http://e.standard.net/stories/2012/11/11/third-trece-member-has-name-taken-injunction |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org