Wrongly Convicted Database Record

 

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Vivian A. Shanklin

 

Charge:

Child Neglect (Felony)

Sentence:

1 year

Years Imprisoned:

0.75

Year Crime:

2005

Year Convicted:

2008

Year Cleared:

2009

U.S. State or Country of Crime:

Virginia

County or Region of Crime:

Hampton

City of Crime:

Hampton

Result:

Judicially Exonerated

Summary of Case:

"Vivian A. Shanklin was wrongly convicted on Feb. 21, 2008 of felony child neglect. The charges resulted from when Shanklin had babysat Davion Mutts, the four-year-old child under the guardianship of her son's girlfriend, who was the boy's aunt. At the time Mutts was dropped off with Shanklin on July 12, 2005 both of his hands were bandaged from recent hot water burns. Shanklin was charged with child neglect based on her failure to seek medical attention for the child. After her conviction following a bench trial she was sentenced to one year in prison. Shanklin appealed. On April 7, 2009 the Virginia Court of Appeals reversed Shanklin's child neglect conviction on the basis the prosecution introduced insufficient evidence of her guilt, because she had no way to know the seriousness of the boy's bandaged injuries. Mutts died from his burns."

Conviction Caused By:

Innocence Proved By:

"On April 7, 2009 the Virginia Court of Appeals reversed Shanklin's child neglect conviction on the basis the prosecution introduced insufficient evidence of her guilt."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

65

Age When Released:

66

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"Shanklin v. Commonwealth, 53 Va. App. 683, 688, 674 S.E.2d 577, 580 (2009) (Reversing conviction on basis of insufficient evidence.)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=6187477081548620358&q=Shanklin+v.+Commonwealth,+53+Va.+App.+683,+674+S.E.2d+577+%282009%29+&hl=en&as_sdt=6,48"

Information Source 2:

"Woman Guilty In Boy's Death, By Kim O'Brien Root, Daily Press (Hampton Roads, VA), February 23, 2008"

Information Location 2:

http://articles.dailypress.com/2008-02-23/news/0802220202_1_child-neglect-felony-child-william-shanklin

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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