Michael D. Padgett

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Charge:	Assault (Including Battery)
Sentence:	10 years
Years Imprisoned:	2
Year Crime:	2014
Year Convicted:	2015
Year Cleared:	2017
U.S. State or Country of Crime:	Kentucky
County or Region of Crime:	Daviess
City of Crime:	Owensboro
Result:	Judicially Exonerated
Summary of Case:	"Michael D. Padgett was wrongly convicted on April 29, 2015 of third-degree assault in Daviess County, Kentucky. The prosecution of Michael Padgett was based on his alleged spitting on a deputy at the Daviess County Detention Center in Owensboro where he was a prisoner on February 9, 2014. Padgett's first jury trial ended on its second day -- September 24, 2014 -- when the trial judge granted the prosecution's motion for a mistrial. The motion was based the prosecution's objection to defense counsel’s initial questions to Deputy Payne on cross-examination that could elicit responses related to his disciplinary history, which had been barred by the trial judge. The trial judge denied Padgett's motion to dismiss the charges based on double-jeopardy grounds, and he was convicted by the jury on February 26, 2015. The judge sentenced Padgett to one year in prison, enhanced to ten years by his classification of being a first-degree persistent felony offender. Padgett appealed. On July 28, 2017 the Kentucky Court of Appeals reversed Padgett's conviction and ordered dismissal of the charges. The Court ruled that the judge improperly granted the mistrial because there was no manifest necessity to do so, therefore since the jury had been empanelled, Padgett's retrial was barred by double jeopardy. The Court's ruling stated: "As a result, the trial court abused its discretion in finding manifest necessity supporting the Commonwealth’s motion. “[R]etrial is barred unless there [is] manifest necessity for the mistrial.” Sneed at 793. “Therefore, [Padgett’s] second jury trial violated Section 13 of the Kentucky Constitution and the Double Jeopardy Clause of the Fifth Amendment, as applied to the states by the Fourteenth Amendment.” Cardine at 653. III. Conclusion For the foregoing reasons, we VACATE Padgett’s judgment and conviction entered by the Daviess Circuit Court on April 29, 2015, and order that the Indictment in this matter be dismissed as retrial is barred." (Padgett v. Kentucky, No. 2015-CA-00737-MR (Ken. Ct of Appeals, 7-28-2017))"
Conviction Caused By:	Trial judge erred in not granting motion to dismiss the charges based on double-jeopardy.
Innocence Proved By:	"On July 28, 2017 the Kentucky Court of Appeals reversed Padgett's conviction based on the trial judge's error of failing to dismiss the charges based on his retrial being barred by double jeopardy. The Court's ruling stated: "As a result, the trial court abused its discretion in finding manifest necessity supporting the Commonwealth’s motion. “[R]etrial is barred unless there [is] manifest necessity for the mistrial.” Sneed at 793. “Therefore, [Padgett’s] second jury trial violated Section 13 of the Kentucky Constitution and the Double Jeopardy Clause of the Fifth Amendment, as applied to the states by the Fourteenth Amendment.” Cardine at 653. III. Conclusion For the foregoing reasons, we VACATE Padgett’s judgment and conviction entered by the Daviess Circuit Court on April 29, 2015, and order that the Indictment in this matter be dismissed as retrial is barred." (Padgett v. Kentucky, No. 2015-CA-00737-MR (Ken. Ct of Appeals, 7-28-2017))"
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Was Perpetrator Identified?
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Sex:	Male
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Information Source 1:	"Michael Padgett v. Commonwealth of Kentucky, No. 2015-CA-00737-MR (Kentucky Court of Appeals, 7-28-2017) (Reversing conviction and retrial barred by double jeopardy.)"
Information Location 1:	http://apps.courts.ky.gov/supreme/sc_opinions.shtm
Information Source 2:	"Court vacates Kentucky man's sentence for spitting on jailer, By Associated Press, NH1.com, July 28, 2017"
Information Location 2:	http://www.nh1.com/news/court-vacates-kentucky-man-s-sentence-for-spitting-on-jailer/
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Michael D. Padgett

Charge:

Assault (Including Battery)

Sentence:

10 years

Years Imprisoned:

2

Year Crime:

2014

Year Convicted:

2015

Year Cleared:

2017

U.S. State or Country of Crime:

Kentucky

County or Region of Crime:

Daviess

City of Crime:

Owensboro

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Trial judge erred in not granting motion to dismiss the charges based on double-jeopardy.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Michael Padgett v. Commonwealth of Kentucky, No. 2015-CA-00737-MR (Kentucky Court of Appeals, 7-28-2017) (Reversing conviction and retrial barred by double jeopardy.)"

Information Location 1:

http://apps.courts.ky.gov/supreme/sc_opinions.shtm

Information Source 2:

"Court vacates Kentucky man's sentence for spitting on jailer, By Associated Press, NH1.com, July 28, 2017"

Information Location 2:

http://www.nh1.com/news/court-vacates-kentucky-man-s-sentence-for-spitting-on-jailer/

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Book Information (2):

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