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Wrongly Convicted Database Record
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Charge: |
Firearm related (including ammunition) |
Sentence: |
4 to 6 years |
Years Imprisoned: |
6 |
Year Crime: |
2003 |
Year Convicted: |
2004 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Wisconsin |
County or Region of Crime: |
Milwaukee |
City of Crime: |
Milwaukee |
Result: |
Judicially Exonerated |
Summary of Case: |
"Morris Rash and Raynard R. Jackson were wrongly convicted on February 5, 2004 of misdemeanor obstructing an officer (resisting arrest), misdemeanor carrying a concealed weapon, being a felon in possession of a firearm, in Milwaukee, Wisconsin on March 25, 2003. Rash was also convicted of misdemeanor marijuana possession. Rash and Jackson were prosecuted based on the testimony of four Milwaukee police officers involved in apprehending them after they exited a store where they bought some items, and began running when they the officers followed them as they walked down the sidewalk. They told the police they started running because they both had outstanding warrants and thought that was why they were being followed, and that they had no firearms on them. During their trial their defense is the officers framed them by planting a gun at the scene of their arrest and falsifying the arrest reports. After their conviction by a jury Rash was sentenced to 4-to-6 years in prison and Raynard Jackson was sentenced to 5 years in prison for firearm possession and consecutive 9 month prison sentences for his two misdemeanor convictions, for a total of 6 years and 6 months in prison, plus 5 years of extended supervision upon his release. In March 2005 one of the officers, Ala W. Awadallah, was charged in federal court with civil rights violations for threatening to plant evidence on a suspect in an unrelated case. Awadallah was subsequently convicted and served a federal prison sentence (he was released on 10/18/2006). While Jackson's appeal was pending the Wisconsin Court of Appeals granted a new trial in State v. Missouri, 714 NW 2d 595 (Wis. Ct of Appeals 3-14-2006) due to the trial court’s refusal to admit evidence of multiple other acts of misconduct in involving Milwaukee PD Officers Awadallah Lough, and Dineen -- three of the officers involved in Jackson and Rash's case. Jackson's lawyer didn't amend his appeal to include the new evidence of officer wrongdoing. On August 22, 2006 the Wisconsin Court of Appeals denied Jackson's combination direct appeal and post-conviction petition for a new trial. In 2007 Jackson's new lawyer filed a post-conviction petition based on ineffective assistance of his appellate counsel for failing to amend Jackson's post-conviction petition to include the newly discovered evidence of officer wrongdoing. Jackson argued that the new evidence undermined the officer's credibility and supported his trial defense that the evidence was planted and he had been framed. The trial court summarily denied the petition, and Jackson appealed. On December 30, 2008 the Court of Appeals reversed the trial court's ruling and remanded for an evidentiary hearing. Rash had also filed a post-conviction petiton for a new trial based on the new officer evidence. The Milwaukee County DA's Office agreed on February 4, 2009 to drop its opposition to Rash's petition. Rash's conviction was overturned by the judge, and on July 1, 2009 the DA's motion to dismiss the charges was granted and Rash was released from prison. After the evidentiary hearing in July 2009, the judge found that Jackson's appellate lawyer provided ineffective assistance of counsel for failing to amend Jackson's petition to include the new officer misconduct evidence and the decision in State v. Missouri. In July 2009 the judge granted Jackson's post-conviction petition, overturned Jackson's two gun related convictions, and ordered a new trial. The DA's motion to dismiss the gun charges was granted on August 13, 2009. Jackson's obstruction conviction remained, but he was immediately released because the 6 years and 3 months he had been in custody from the time of his arrest was far in excess of his 9 month sentence. In 2014 Jackson filed a claim with the State of Wisconsin Claims Board for the maximum of $25,000 allowed under the Innocent Convict Compensation pursuant to §775.05, Wis. Stats. The State vigorously opposed Jackson's claim, arguing that his charges were not dismissed on the basis of his actual innocence. After a hearing, on April 11, 2016 the Claims Board unanimously denied Jackson's claim on the basis "the evidence is not clear and convincing that Jackson was innocent of the 2004 conviction for Felon in Possession of a Firearm and Carrying a Concealed Weapon for which he was imprisoned." (Claim of: Raynard R. Jackson, No. 2014-080-CONV, State of Wisconsin Claims Board, April 11, 2016). A federal civil rights lawsuit by Rash and Jackson was dismissed." |
Conviction Caused By: |
"Perjury by arresting officers, one of whom was convicted in federal court for threatening to plant evidence on a suspect in an unrelated case." |
Innocence Proved By: |
"The Milwaukee County DA's Office agreed on February 4, 2009 to drop its opposition to Rash's petition. Rash's conviction was overturned by the judge, and on July 1, 2009 the DA's motion to dismiss the charges was granted and Rash was released from prison." |
Defendant Aided By: |
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Compensation Awarded: |
"Denied by State of Wisconsin on April 11, 2016. Federal civil rights lawsuit was dismissed." |
Was Perpetrator Identified? |
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Age When Imprisoned: |
23 |
Age When Released: |
29 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Claim of: Raynard R. Jackson, No. 2014-080-CONV, State of Wisconsin Claims Board, April 11, 2016 (Denying compensation claim based on failure to prove innocence by clear and convincing evidence.)" |
Information Location 1: |
http://claimsboard.wi.gov/docview.asp?docid=27387&locid=28 |
Information Source 2: |
"State v. Jackson, No. 2007AP2186 (Wis. Ct of Appeals, 1st Dist., 12-30-2008) (Reversing habeas court's ruling and remanding for evidentiary hearing.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=6590159535651214848&q=Raynard+R.+Jackson&hl=en&as_sdt=4,50" |
Information Source 3: |
"State v. Jackson, No. 2005AP1580-CR (Wis. Ct of Appeals, 1st Dist., 8-22-2006) (Denying direct appeal and post-conviction petition.)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=14617382842811832854&q=Raynard+R.+Jackson&hl=en&as_sdt=4,50" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org