Wrongly Convicted Database Record
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Charge: |
Evidence Tampering |
Sentence: |
"3 years probation, $500 fine and 300 hours of community service" |
Years Imprisoned: |
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Year Crime: |
2004 |
Year Convicted: |
2006 |
Year Cleared: |
2007 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Gillespie |
City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Clinton Stewart was wrongly convicted after a bench trial of evidence tampering by returning some pot seized during a May 2004 traffic stop in what he said was an effort to recruit the woman as an informant. Clinton Stewart, a Gillespie County, Texas sheriff's deputy, was tried in 2006 for tampering with evidence. After his conviction he was sentenced to three years' probation, a $500 fine and 300 hours of community service. On October 31, 2007, the Texas Court of Criminal Appeals, in a 5 to 4 decision, overturned Stewart's conviction on the basis the evidence is legally insufficient to show that he had the conscious objective or desire to impair the availability of the marihuana as evidence. Because the evidence was insufficient to convict Stewart, the Court ordered his acquittal. The four dissenting judges argued that "The required intent is only that the evidence be made unavailable, which was clearly proved." With the acquittal and the felony conviction cleared from his criminal history, Stewart can once again work in law enforcement." |
Conviction Caused By: |
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Innocence Proved By: |
"On October 31, 2007, the Texas Court of Criminal Appeals, in a 5 to 4 decision, overturned Stewart's conviction on the basis the evidence is legally insufficient to show that he had the conscious objective or desire to impair the availability of the marihuana as evidence. Because the evidence was insufficient to convict Stewart, the Court ordered his acquittal. " |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Stewart v. State, No. PD-0255-07 (Tex.Crim.App. 10-31-2007)" |
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Information Source 2: |
"Officer's conviction in pot case overturned, By Zeke MacCormack, San Antonio Express-News, November 5, 2007" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org