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Wrongly Convicted Database Record
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Charge: |
Assault (Including Battery) |
Sentence: |
5 - 15 years |
Years Imprisoned: |
3.5 |
Year Crime: |
1994 |
Year Convicted: |
1999 |
Year Cleared: |
1998 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Tuscarawas |
City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Seth Nelson was wrongly convicted in May 1995 of felonious assault related to an incident in Tuscarawas on November 25, 1994. Nelson was convicted by a jury of felonious assault, which he had not been indicted for, and he was sentenced to 5 to 15 years in prison. On August 6, 1996 the Ohio Court of Appeals (3rd Dist.) vacated Nelson's conviction. The State appealed, and on May 20, 1998 the Ohio Supreme Court dismissed the State's appeal. On May 26 1998 the Tuscarawas County District Attorney obtained a new indictment of Nelson for two counts of felonious assault. On January 11, 1999 a jury found Nelson guilty. On January 12, 2000 the Court of Appeals for Tuscarawas County, Fifth Appellate Dist. reversed Nelson's conviction and remanded for written findings of fact and conclusions of law regarding whether Nelson's right to a speedy trial had been violated. On January 26, 2001 the Tuscarawas County Common Pleas Court found it had not violated Nelson's speedy trial rights, and sentenced Nelson once again to 5 to 15 years in prison. On September 27, 2001 the Fifth District Court of Appeals reversed the trial court's ruling and vacated Nelson's convictions. The Tuscarawas County DiA's Office did not appeals the ruling. The ruling vacating his conviction became final on October 30, 2001. On September 5, 2008 Seth Nelson filed a complaint with the Ohio Court of Claims seeking wrongful imprisonment compensation. After almost three years of legal manuevering, on August 4, 2011 the Ohio Court of Claims entered a judgment against the State of Ohio in favor of Nelson, and awarded him compensation of $248,630.72: $139,538.69 for Nelson's wrongful imprisonment; $7,934.37 in lost wages; and, $101,132.66 in legal fees for his representation by attorney P. Steven Maasz." |
Conviction Caused By: |
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Innocence Proved By: |
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Defendant Aided By: |
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Compensation Awarded: |
"$248,630.72 (State of Ohio, 8-4-2011)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Seth Nelson v. State of Ohio, No. 2008-09503 WI (Ohio Court of Claims, 8/4/2011 (Granting judgment of $248,630.72)" |
Information Location 1: |
http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/casedetail.htm?caseno=200809503 |
Information Source 2: |
"Seth Nelson v. State of Ohio, No. 2008-09503 WI (Ohio Court of Claims, 8/4/2011 (Complaint)" |
Information Location 2: |
http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=080905001133170&Seq=1 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org