Wrongly Convicted Database Record

 

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Hiram K. Myers

 

Charge:

Obstruction in public place

Sentence:

$150 fine

Years Imprisoned:

Year Crime:

2006

Year Convicted:

2006

Year Cleared:

2009

U.S. State or Country of Crime:

Texas

County or Region of Crime:

McLennan

City of Crime:

Crawford

Result:

Judicially Exonerated Released

Summary of Case:

"Hiram K. Myers and Emily Hardy were with other protestors at Camp Casey near then-President Bush's Crawford, Texas ranch. In 2006 they were arrested for placing a tent too near the road in violation of a Crawford County ordinance. Hardy and Hiram Myers were fined $150 each. They appealed, and on April 22, 2009 the Texas Court of Criminal Appeals rruled that there was insufficient evidence they were guilty. It was also noted that they were punished when there was no provision in the ordinance for the imposition of punishment. The Court majority wrote, '“Any potential obstruction must be capable of rendering the highway impassable or to render passage unreasonably inconvenient or hazardous." Yet, the road had been closed to accommodate protesters and media, and a line of protesters in folding chairs sat closer to the road than the tents, so there was no evidence they had committed the necessary element of obstruction. The Court wrote, "Nothing in the record indicates (Hardy and Myers), by sitting in a small tent erected in the bar ditch or by any other conduct, rendered passage more … hazardous than by sitting in a chair in the same location.""

Conviction Caused By:

"The judge erroneously didn't require the prosecution to prove the defendant's committed "obstruction.""

Innocence Proved By:

"On April 22, 2009 the Texas Court of Criminal Appeals ruled 5-4 that there was insufficient evidence to support the convictions."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Hardy and Myers v. Texas, No. PD-608-08 (TX Ct of Crim. Appeals, 04-22-2009)"

Information Location 1:

http://alt.coxnewsweb.com/shared-blogs/austin/courts/upload/2009/04/court_throws_out_conviction_of/Crawford%20maj.pdf

Information Source 2:

"Court throws out conviction of Crawford protesters, By Chuck Lindell, Statesman-American (Austin, TX), April 22, 2009"

Information Location 2:

http://www.statesman.com/blogs/content/shared-gen/blogs/austin/courts/entries/2009/04/22/court_throws_out_conviction_of.html

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

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