Cortez D. Murphy

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Charge:	Burglary and Unlawful Entry
Sentence:	6 years
Years Imprisoned:	2.4
Year Crime:	2012
Year Convicted:	2013
Year Cleared:	2015
U.S. State or Country of Crime:	Illinois
County or Region of Crime:	Macon
City of Crime:	Decatur
Result:	Judicially Exonerated
Summary of Case:	"Cortez D. Murphy was wrongly convicted in January 2013 of two counts of burglary in Decatur, Illinois. Among the items stolen were a camera and an Xbox, controllers and two games from a house on June 14, 2012. Two days after the burglary, on June 16, Cortez Murphy pawned the camera and Xbox and accessories at the Pawn King pawnshop. Police investigating a string of residential burglaries learned that Murphy had pawned the items at the Pawn King. When questioned by police Murphy admitted he had pawned the items, but he claimed he bought them on the street. He denied knowing the items were stolen, but he admitted it was "reasonable for him to know or at least strongly suspect the property he was purchasing was stolen." Murphy's prosecution was based on their contention he committed burglary by entering and pawning the stolen items at the Pawn King pawnshop. Murphy did not testify during his trial. The jury found Murphy guilty. The judge denied Murphy's post-trial motion for a new trial, claiming that the State's evidence was insufficient to prove his guilt beyond a reasonable doubt. In March 2013 the judge sentenced Murphy to six years in prison. Murphy appealed. On March 18, 2015 by a 2 to 1 majority vote, the Illinois Appellate Court, Fourth District reversed Murphy's conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt all essential elements of burglary. The Court ruled "the State failed to prove he entered Pawn King with the intent to commit therein a theft of stolen property." Entering the pawn shop with the intent to sell the stolen items was insufficient to prove he had committed theft, because the "he permanent-deprivation element had already been completed when defendant entered the pawnshop. ... defendant did not enter Pawn King with the intent to commit therein a theft, as required under the burglary statute. In short, the pawnshop was not burglarized." [All quotes from: People v. Murphy, 2015 IL App (4th) 130265 (Ill. Ct. of Appeals, 4th Dist, 3-18-2015)] Ironically, Murphy wasn't charged with burglarizing the house, only with burglarizing the pawn shop for selling the stolen merchandise."
Conviction Caused By:
Innocence Proved By:	"On March 18, 2015 the Illinois Appellate Court, Fourth District, reversed Murphy's conviction on the basis the prosecution introduced insufficient evidence to prove his guilt beyond a reasonable doubt. The Court ruled "the State failed to prove he entered Pawn King with the intent to commit therein a theft of stolen property." Entering the pawn shop with the intent to sell the stolen items was insufficient to prove he had committed theft, because the "he permanent-deprivation element had already been completed when defendant entered the pawnshop. ... defendant did not enter Pawn King with the intent to commit therein a theft, as required under the burglary statute. In short, the pawnshop was not burglarized." [All quotes from: People v. Murphy, 2015 IL App (4th) 130265 (Ill. Ct. of Appeals, 4th Dist, 3-18-2015)]"
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	26
Age When Released:	28
Sex:	Male
Skin/Ethnicity:	Black
Information Source 1:	"People v. Murphy, 2015 IL App (4th) 130265 (Ill. Ct. of Appeals, 4th Dist, 3-18-2015) (Majority 2-1 reversing conviction based on insufficient evidence to prove all elements of burglary.)"
Information Location 1:	https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0ahUKEwiu89GbyMfZAhURY6wKHU2oA-kQFggtMAE&url=http%3A%2F%2Fwww.illinoiscourts.gov%2FOpinions%2FAppellateCourt%2F2015%2F4thDistrict%2F4130265.pdf&usg=AOvVaw2QuvRsuVT3XDrkOANzsRnj
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Cortez D. Murphy

Charge:

Burglary and Unlawful Entry

Sentence:

6 years

Years Imprisoned:

2.4

Year Crime:

2012

Year Convicted:

2013

Year Cleared:

2015

U.S. State or Country of Crime:

Illinois

County or Region of Crime:

Macon

City of Crime:

Decatur

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

26

Age When Released:

28

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"People v. Murphy, 2015 IL App (4th) 130265 (Ill. Ct. of Appeals, 4th Dist, 3-18-2015) (Majority 2-1 reversing conviction based on insufficient evidence to prove all elements of burglary.)"

Information Location 1:

https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0ahUKEwiu89GbyMfZAhURY6wKHU2oA-kQFggtMAE&url=http%3A%2F%2Fwww.illinoiscourts.gov%2FOpinions%2FAppellateCourt%2F2015%2F4thDistrict%2F4130265.pdf&usg=AOvVaw2QuvRsuVT3XDrkOANzsRnj

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