Wrongly Convicted Database Record

 

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Robert Alan Queeman

 

Charge:

Negligent Homicide

Sentence:

18 months

Years Imprisoned:

1

Year Crime:

Year Convicted:

2015

Year Cleared:

2017

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Kinney

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Robert Alan Queeman was wrongly convicted in 2015 of criminally negligent homicide in Kinney County, Texas. Robert Queeman was prosecuted based on the van he was driving rear-ended an SUV that was making a left turn off the highway onto an intersecting street, and one of the three women in the SUV died as a result of injuries she sustained in the collision. The driver of the SUV told police she did not use her turn signal, and she was issued a citation for failing to use her turn signal. Officers at the scene determined Queeman was not intoxicated or otherwise impaired, and he was not issued a citation for speeding or for any other driving violation. The investigating officer testified at trial he thought Queeman was exceeding the speed limit, but he testified he had not way of knowing the actual speed of his van. The prosecution nevertheless argued that Queeman was negligent because he must have been speeding when he struck the SUV. Queeman's defense was that he was going less than the 40 mph speed limit at the time of the collision, and he struck the SUV because it suddenly slowed down to make a left turn withotu using its turn signal. The jury acquitted Queeman of manslaughter, but convicted him of criminally negligent homicide. He was sentenced to 18 months in state prison. Queeman appealed, and in 2016 the Texas Court of Appeals unanimously reversed Queeman's conviction based on the prosecution's failure to introduce sufficient evidence Queeman was guilty, because the jury had no basis to reasonably infer that Queeman was traveling at an "excessive rate of speed." Therefore, any inference by the jury Queeman was traveling at an excessive speed was impermissible speculation. The court ruled that, "Instead, the evidence “establishes only that [Queeman] inexplicably failed to see [Luna's] vehicle until he was so close that he could not prevent the collision.” (See, Queeman v. State, 486 S.W.3d 70 (Tex. App. - San Antonio 2016) The State appealed, and their appeal was accepted for review. On June 14, 2017 the Court of Criminal Appeals of Texas unanimously affirmed the court of appeals ruling that the prosecution introduced insufficient evidence to prove beyond a reasonable doubt that Queeman acted negligently. The Court stated in its ruling: "We hold that there is no evidence of a failure to perceive a substantial and unjustifiable risk that constituted a gross deviation from the standard of care that an ordinary person would have exercised under the circumstances, and, thus, the evidence is legally insufficient to establish criminal negligence." (Robert Alan Queeman v. The State of Texas, No. PD-0215-16 (Tx. Ct. of Crim. Appeals, 6-14-2017))"

Conviction Caused By:

Innocence Proved By:

"On June 14, 2017 the Court of Criminal Appeals of Texas unanimously affirmed the court of appeals ruling that the prosecution introduced insufficient evidence to prove beyond a reasonable doubt that Queeman acted negligently. The Court stated in its ruling: "We hold that there is no evidence of a failure to perceive a substantial and unjustifiable risk that constituted a gross deviation from the standard of care that an ordinary person would have exercised under the circumstances, and, thus, the evidence is legally insufficient to establish criminal negligence." (Robert Alan Queeman v. The State of Texas, No. PD-0215-16 (Tx. Ct. of Crim. Appeals, 6-14-2017))"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Robert Alan Queeman v. The State of Texas, No. PD-0215-16 (Tx. Ct. of Crim. Appeals, 6-14-2017) (Direct appeal granted with affirmation of the court of appeals ruling that the prosecution introduced insufficient evidence to prove Queeman was traveling at an excessive speed at the time of the collision of his van with the SUV.)"

Information Location 1:

http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=bfae4126-db62-49dc-9011-25d7d7e3315d&coa=coscca&DT=OPINION&MediaID=f91756bd-6a48-4bdc-ac4a-207113c8a1e9

Information Source 2:

"Queeman v. State, 486 S.W.3d 70 (Tex. App. - San Antonio 2016) (Reversing conviction based on insufficient evidence by the prosecution that Queeman's van was traveling at an excessive speed.)"

Information Location 2:

https://casetext.com/case/queeman-v-state-6

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