Wrongly Convicted Database Record
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Charge: |
Forgery |
Sentence: |
10 7/12 to 13 1/2 years |
Years Imprisoned: |
4 |
Year Crime: |
2009 |
Year Convicted: |
2012 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
North Carolina |
County or Region of Crime: |
Buncombe |
City of Crime: |
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Result: |
Judicially Exonerated and Later Pardoned |
Summary of Case: |
"Horace Lee Shelton was wrongly convicted on April 17, 2012 of forging three checks in Buncombe County, North Carolina, two in Ashville in December 2009, and one in Leicester in March 2010. Horace Shelton was held in jail from the time of his 2010 arrest until his trial in 2012. Shelton's prosecution was based on an eyewitness identification by Jerry Owens, the 72-year-old owner of a garage who received a forged check. After his conviction by a jury he was given an enhanced sentence of 13 years 6 months in prison because of previous drug and theft-related convictions. Shelton's convictions were overturned in 2014 based on new video evidence that another person forged the checks, and ineffective assistance of counsel by his trial lawyer for failing to conduct a pre-trial investigation and challenge the accuracy of Owen's testimony. On June 12, 2014 the Buncombe County DA's motion to dismiss was granted. On December 30, 2016 outgoing North Carolina Governor Pat McCrory granted Horace Shelton a pardon based on his actual innocence, which enables him to file a claim for compensation from the state." |
Conviction Caused By: |
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Innocence Proved By: |
"On June 12, 2014 the Buncombe County DA's motion to dismiss was granted. On December 30, 2016 outgoing North Carolina Governor Pat McCrory granted Horace Shelton a pardon based on his actual innocence, which enables him to file a claim for compensation from the state." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
53 |
Age When Released: |
55 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"McCrory pardoned six, commuted life sentence, By Craig Jarvis (Staff), The Charlotte Observer, January 13, 2017" |
Information Location 1: |
http://www.charlotteobserver.com/news/politics-government/article126437794.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org