Wrongly Convicted Database Record

 

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Christopher Clay McNeal

 

Charge:

Assault (Including Battery)

Sentence:

10 years

Years Imprisoned:

1

Year Crime:

2015

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Iowa

County or Region of Crime:

Pottawattamie

City of Crime:

Council Bluffs

Result:

Judicially Exonerated

Summary of Case:

"Christopher Clay McNeal was wrongly convicted in 2015 of willful injury causing serious injury in Council Bluffs, Iowa on February 22, 2015. McNeal's prosecution was based on the prosecution's allegation that during an argument McNeal allegedly struck a man in the head with a sledgehammer. McNeal pled not guilty and exercised his constitutional right to request a speedy trial. Under Iowa law McNeal's trial had to commence his trial within 90 days from the day he was charged by the filing of an information against him on March 30, 2015, so his trial had to commence by June 29, 2015. McNeal's trial didn't start until July 7, 2015. The prosecution tried a number of procedural devices to complying with McNeal's right to a speedy trial, and over the objection of McNeal's lawyer, the judge agreed with the prosecution's suggestion to allow the selection of the jury on June 23, 2016, and then commence with the actual trial on July 7, 2015. The jury acquitted McNeal of attempted murder and first-degree burglary, while it did convict him of willful injury causing serious injury. McNeal filed a post-verdict motion to vacate his conviction because his right to a speedy trial was violated by bi-furcation of the jury selection and two weeks later commence the actual trial with opening arguments and the presentation of evidence. The trial judge denied the motion, stating: “there was no intent to circumvent the speedy-trial rule but rather to follow it” and found “the trial was commenced within ninety days.” McNeal was sentenced to 10 years in prison. McNeal appealed, arguing the judge erred and his right to a speedy trial was violated. On October 12, 2016 the Iowa Court of Appeals vacated McNeal's conviction and ordered dismissal of his charge based on the violation of his right to a speedy trial by bi-furcation of the jury selection to occur before expiration of his 90-day speedy trial deadline, and then two weeks later, commencement of the presentation of oral arguments and evidence two weeks later after the 90-day deadline had expired. The Court's ruling stated: "Under these circumstances, we conclude McNeal’s right to a speedy trial under rule 2.33(2)(b) was not satisfied by selecting a jury within the rule’s timeframe but postponing the actual presentation of evidence until nine days after the speedy-trial deadline had expired. ... Accordingly, we reverse McNeal’s convictions and remand to the district court for dismissal of those charges." See, State of Iowa v. Christopher Clay McNeal, No. 15-1606 (Iowa Ct. of Appeals, 10-12-2016)."

Conviction Caused By:

Judge violated McNeal's constitutional right to a speedy trial.

Innocence Proved By:

"On October 12, 2016 the Iowa Court of Appeals vacated McNeal's conviction and ordered dismissal of his charge based on the violation of his right to a speedy trial by bi-furcation of the jury selection to occur before expiration of his 90-day speedy trial deadline, and then two weeks later, commencement of the presentation of oral arguments and evidence two weeks later."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

53

Age When Released:

54

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State of Iowa v. Christopher Clay McNeal, No. 15-1606 (Iowa Ct. of Appeals, 10-12-2016) (Reversing conviction based on lack of jurisdiction because McNeal's constitutional right to a speedy trial was violated.)"

Information Location 1:

http://www.iowacourts.gov/About_the_Courts/Court_of_Appeals/Court_of_Appeals_Opinions/Recent_Opinions/20161012/15-1606.pdf

Information Source 2:

"Court reverses McNeal conviction, cites right of speedy trial violation, By Mike Bell, The Daily Nonpareil, October 14, 2016"

Information Location 2:

http://www.nonpareilonline.com/news/local/court-reverses-mcneal-conviction-cites-right-of-speedy-trial-violated/article_aae449e4-b809-5f5e-a6fd-259571915e0b.html

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

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