Wrongly Convicted Database Record
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Charge: |
Felon in possession of a firearm or ammunition |
Sentence: |
10 years |
Years Imprisoned: |
3 |
Year Crime: |
2014 |
Year Convicted: |
2016 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Mississippi |
County or Region of Crime: |
Harrison |
City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"James Clarence McGlothin was wrongly convicted in 2016 of being a felon in possession of a firearm in Harrision County, Mississippi in May 2014. A firearm was found during a search of the residence of McGlothin's sister when he was not there, and while he was under investigation by the Coastal Narcotics Enforcement Team. The firearm was tested and found to be in working order, but no fingerprints were taken to find out who had handled it. McGlothin was arrested in August 2014 and charged with being a felon in possession of a firearm. After his conviction by a jury James McGlothin was sentenced to 10 years in prison as a habitual offender. The judge denied the post-verdict motion filed by McGlothin's lawyer for a directed verdict that was based on the prosecution's failure to prove his guilt beyond a reasonable doubt. McGlothin appealed. On August 22, 2017 the Mississippi Court of Appeal reversed McGlothin's conviction based on the trial judge's error of failing to grant the motion for a directed verdict, because the prosecution failed to introduce any evidence that the gun seized from his sister's residence was his or that he had ever had possession of it." |
Conviction Caused By: |
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Innocence Proved By: |
"On August 22, 2017 the Mississippi Court of Appeal reversed McGlothin's conviction based on the trial judge's error of failing to grant the motion for a directed verdict, because the prosecution failed to introduce any evidence that the gun seized from his sister's residence was his or that he had ever had possession of it." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
30 |
Age When Released: |
33 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"James Clarence McGlothin v. State of Mississippi, No. 2016-KA-01202-COA (Miss. Ct. of Appeals, 8-22-2017) (Reversing conviction based on insufficient evidence.)" |
Information Location 1: |
https://courts.ms.gov/Images/Opinions/CO122873.pdf |
Information Source 2: |
"A felon got 10 years for having a gun. Heres why his conviction was reversed, By Justin Mitchell (Staff member), Sun Herald, August 24, 2017" |
Information Location 2: |
http://www.sunherald.com/news/local/crime/article169039367.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org