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Wrongly Convicted Database Record
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Charge: |
Attempted Murder |
Sentence: |
25 years |
Years Imprisoned: |
6 |
Year Crime: |
2008 |
Year Convicted: |
2009 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Tennessee |
County or Region of Crime: |
Marshall |
City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Jonathan Tears was wrongly convicted in 2009 of attempted second-degree murder and employing a handgun during the commission of a dangerous felony in Marshall County, Tennessee. Tears' defense was that he shot the man in self defense to stop the man's physical assault of Tears. After his conviction by a jury Tears was sentenced to 25 years in prison. His post-conviction petition was denied by the trial court. Tears appealed. On December 6, 2013 the Tennessee Court of Appeals reversed the trial judge's ruling, and ordered a new trial based on the ineffective assistance of his trial counsel. On June 3, 2014 the Marshall County DA's Office filed a motion to dismiss the attempted murder charge, and Tears pled guilty to unlawful carry/possession of a weapon. On June 6, 2014 he was sentenced to four years in prison for that charge, and released immedaitely from custody for time served." |
Conviction Caused By: |
Ineffective assistance of counsel. |
Innocence Proved By: |
"On December 6, 2013 the Tennessee Court of Appeals reversed the trial judge's ruling, and ordered a new trial based on the ineffective assistance of his trial counsel. On June 3, 2014 the Marshall County DA's Office filed a motion to dismiss the attempted murder charge, and Tears pled guilty to unlawful carry/possession of a weapon. On June 6, 2014 he was sentenced to four years in prison for that charge, and released immedaitely from custody for time served." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
29 |
Age When Released: |
35 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Marshall Co. man released from jail after getting conviction reversed, By Alanna Autler, WSMV-TV (Nashville, TN), June 25, 2014" |
Information Location 1: |
http://www.wsmv.com/story/25873507/marshall-co-man-who-had-attempted-murder-conviction-reversed-getting-second-chance |
Information Source 2: |
"Jonathan Tears v. State of Tennessee, No. M2012-01080-CCA-R3-PC (Tenn. Ct. of Appeals, 12-6-2013) (Granting post-conviction petition based on ineffective assistance of counsel and ordering new trial.)" |
Information Location 2: |
http://www.tncourts.gov/sites/default/files/tearsjonathanopn.pdf |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org