James Howard Orsborn

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Charge:	Felon in possession of a firearm or ammunition
Sentence:	1 to 5 years in prison
Years Imprisoned:	1.25
Year Crime:	1965
Year Convicted:	1965
Year Cleared:	1966
U.S. State or Country of Crime:	Nevada
County or Region of Crime:	Washoe
City of Crime:	Reno
Result:	Judicially Exonerated Released
Summary of Case:	"James Howard Orsborn was wrongly convicted in Washoe County, Nevada on May 14, 1965 when he pled guilty to an ex-felon in possesson of a firearm. Orsborn was sentened to 1 to 5 years in state prison. Orsborn had previously been convicted of attempted burglary in California and sentenced to one year in county jail. While imprisoned Orsborn learned that in California the sentence for a crime determines whether it is considered a felony or a misdemeanor conviction. Only when a defendant is sentenced to prison is a crime considered a felony, and since Orsborn had been sentenced to a year in county jail his conviction was a misdemeanor. Orsborn filed a writ of habeas corpus that was based on the fact that since he in fact was not an ex-felon, he had been convicted of the non-existent crime of being an ex-felon in possession of a firearm and he should be immediately released. The State agreed that Orsborn had been improperly convicted. On August 4, 1966 the Nevada Supreme Court agreed that "no crime was committed," and granted his writ of habeas corpus and ordered his immediate release from custody. Orsborn was wrongly imprisoned for 15 months."
Conviction Caused By:	Judges erroneous belief that Orsborn had a previous felony conviction.
Innocence Proved By:	"On August 4, 1966 the Nevada Supreme Court agreed that "no crime was committed," and granted his writ of habeas corpus and ordered his immediate release from custody."
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Sex:	Male
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Information Source 1:	"State v. Fogliani, 417 P. 2d 148 - Nev: Supreme Court 1966"
Information Location 1:	"http://scholar.google.com/scholar_case?case=12257614754920003332&q=State+v.+Fogliani,+417+P.+2d+148&hl=en&as_sdt=2,48"
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James Howard Orsborn

Charge:

Felon in possession of a firearm or ammunition

Sentence:

1 to 5 years in prison

Years Imprisoned:

1.25

Year Crime:

1965

Year Convicted:

1965

Year Cleared:

1966

U.S. State or Country of Crime:

Nevada

County or Region of Crime:

Washoe

City of Crime:

Reno

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Judges erroneous belief that Orsborn had a previous felony conviction.

Innocence Proved By:

"On August 4, 1966 the Nevada Supreme Court agreed that "no crime was committed," and granted his writ of habeas corpus and ordered his immediate release from custody."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State v. Fogliani, 417 P. 2d 148 - Nev: Supreme Court 1966"

Information Location 1:

"http://scholar.google.com/scholar_case?case=12257614754920003332&q=State+v.+Fogliani,+417+P.+2d+148&hl=en&as_sdt=2,48"

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Movie About Case:

Comments About Case: