Ricky J. McCumber

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Charge:	Failure to submit to chemical or blood test
Sentence:
Years Imprisoned:
Year Crime:	2013
Year Convicted:	2014
Year Cleared:	2017
U.S. State or Country of Crime:	Nebraska
County or Region of Crime:	Wayne
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Ricky J. McCumber was wrongly convicted of failure to submit to a blood test when he was stopped by police in Wayne County, Nebraska on suspicion of driving under the influence of alcohol. The trial judge denied McCumber's motion to suppress his failure to take the blood test on the basis the law was unconstitutional because it allowed the police to obtain a blood test without a warrant or exigent circumstances. After his conviction by a jury McCumber appealed. After McCumber's trial and sentencing the U.S. Supreme Court issued its ruling in Birchfield v. North Dakota, ___ U.S. ___, 136 S. Ct. 2160, 195 L. Ed. 2d 560 (2016) that a warrantless blood test absent exigent (emergency) circumstances is unconstitutional. On February 24, 2017 the Nebraska Supreme Court vacated McCumber's conviction based on the U.S. Supreme Court's ruling in Birchfield v. North Dakota (2016). However, the Nebraska Supreme Court stopped short of declaring the statute under which McCumber was prosecuted to be unconstitutional on its face."
Conviction Caused By:
Innocence Proved By:	"On February 24, 2017 the Nebraska Supreme Court vacated McCumber's conviction based on the U.S. Supreme Court's ruling in Birchfield v. North Dakota (2016)."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"State v. McCumber, 295 Neb. 941, __ N.W.2d__, S-16-446 (Neb. Sup. Ct., 2-24-2017) (Vacated conviction of failure to submit to blood test due to its unconstitutionality.)"
Information Location 1:	https://www.nebraska.gov/apps-courts-epub/public/viewOpinion?docId=N00005220PUB
Information Source 2:	"Nebraska High Court Vacates Blood Test Refusal Conviction, By Margery A. Beck (Associated Press), U.S. News & World Report, Feb. 24, 2017"
Information Location 2:	https://www.usnews.com/news/nebraska/articles/2017-02-24/nebraska-high-court-vacates-blood-test-refusal-conviction
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Book About Case (2):
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Ricky J. McCumber

Charge:

Failure to submit to chemical or blood test

Sentence:

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2014

Year Cleared:

2017

U.S. State or Country of Crime:

Nebraska

County or Region of Crime:

Wayne

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On February 24, 2017 the Nebraska Supreme Court vacated McCumber's conviction based on the U.S. Supreme Court's ruling in Birchfield v. North Dakota (2016)."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State v. McCumber, 295 Neb. 941, __ N.W.2d__, S-16-446 (Neb. Sup. Ct., 2-24-2017) (Vacated conviction of failure to submit to blood test due to its unconstitutionality.)"

Information Location 1:

https://www.nebraska.gov/apps-courts-epub/public/viewOpinion?docId=N00005220PUB

Information Source 2:

"Nebraska High Court Vacates Blood Test Refusal Conviction, By Margery A. Beck (Associated Press), U.S. News & World Report, Feb. 24, 2017"

Information Location 2:

https://www.usnews.com/news/nebraska/articles/2017-02-24/nebraska-high-court-vacates-blood-test-refusal-conviction

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case:

"State v. McCumber, 295 Neb. 941, N.W.2d, S-16-446 (Neb. Sup. Ct., 2-24-2017) (Vacated conviction of failure to submit to blood test due to its unconstitutionality.)"