Wrongly Convicted Database Record
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Charge: |
Embezzelment and Fraud |
Sentence: |
"90 days in jail, 5 years probation, and $43,614.19 restitution" |
Years Imprisoned: |
0.17 |
Year Crime: |
2008 |
Year Convicted: |
2011 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Michigan |
County or Region of Crime: |
Berrien |
City of Crime: |
Baroda |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Leeann Shantelle Thain was wrongly convicted in Berrien County, Michigan on November 2, 2011 of embezzlement and credit card/ATM fraud for allegedingly stealing $43,614.19 from January 2008 and June 2009 when she was legal guardian of her biological mother Kathleen who suffered from a brain aneurysm that impaired her short term memory. After her conviction by a jury she was sentenced to 90 days in jail, 5 years probation, and $43,614.19 restitution. Leeann Thain appealed, and on October 29, 2013 the Michigan Court of Appeals vacated her convictions on the basis her trial counsel had provided ineffective assistance of counsel. The Court ruled: "As stated above, defense counsel was in possession of evidence that would counter Kathleens claim that defendant maxed out her credit cards. Had defense counsel fully investigated the discovery materials provided, counsel could have presented evidence indicating that defendant in fact took steps to reduce Kathleens credit card balances, and that the bulk of the TCU credit cards balance was accrued through purchases made in Indiana prior to 2008." With the approval of the Berrien County Prosecuting Attorneys Office the court dismissed the charge on February 3, 2014." |
Conviction Caused By: |
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Innocence Proved By: |
"On October 29, 2013 the Michigan Court of Appeals vacated her convictions on the basis her trial counsel had provided ineffective assistance of counsel. With the approval of the Berrien County Prosecuting Attorneys Office the court dismissed the charge on February 3, 2014." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
40 |
Age When Released: |
40 |
Sex: |
Female |
Skin/Ethnicity: |
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Information Source 1: |
"People v. Thain, No. 308127 (Mich. Ct of Appeals 2013)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=3908651413313356713&q=Leeann+Shantelle+Thain+michigan&hl=en&as_sdt=6,48" |
Information Source 2: |
"Leeann Shantelle Thain, National Registry of Exonerations" |
Information Location 2: |
https://www.law.umich.edu/special/exoneration/pages/casedetail.aspx?caseid=4379 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org