Wrongly Convicted Database Record
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Charge: |
Extortion |
Sentence: |
1 year imprisonment and 2 years house arrest |
Years Imprisoned: |
0.82 |
Year Crime: |
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Year Convicted: |
2007 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
Mississippi |
County or Region of Crime: |
Jackson |
City of Crime: |
Gulfport |
Result: |
Judicially Exonerated |
Summary of Case: |
"Frank Sanders Tipton was wrongly convicted in 2007 of extortion in Jackson County, Mississippi. Tipton was convicted of extortion for offering to pay a woman's monthly electronic monitoring fee while she was on probation if she would shower in front of him. The woman had been convicted of a misdemeanor in Gulfport City Court, and Tipton worked for the company that contracted with Gulfport to provide the monitoring services. Tipton was charged based on the prosecution's theory he was an "employee of [a] contractor providing incarceration services" to the city. After the prosecution presented its evidence at trial the judge denied his motion for a directed verdict because his conduct didn't fall within any of the categories of persons covered by the extortion statute under which he was indicted. The judge denied his motion, and after he was found guilty Tipton was sentenced to one year in prison and two years of house arrest. On June 24, 2010 the Misissippi Supreme Court ruled the judge had erred and vacated Tipton's conviction on the basis the prosecution introduced insufficient evidence to prove he committed extortion. Frank Tipton's retrial was barred by double jeopardy. Tipton was imprisoned for 300 days and served 2 years in an ISP (Intensive Supervision Program) house arrest program. Tipton sued for compensation under Mississippi's wrongful conviction compensation statute for the nearly three years he was under control of the Mississippi Dept. of Corrections. The State opposed his claim for the time he served under house arrest, and the trial court granted the State summary judgment. Tipton appealed. On October 30, 2014 the Mississippi Supreme Court ruled in a precedent setting majority 5-4 decision that the compensation statute includes time spent in an ISP. The State of Mississippi paid Tipton $50,000 partial compensation in 2015, and the legal firm representing him Lowrey & Fortner, P.A., was paid $25,594. Tipton is due a total of $141,097 compensation." |
Conviction Caused By: |
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Innocence Proved By: |
"On June 24, 2010 the Misissippi Supreme Court vacated Tipton's conviction on the basis the prosecution introduced insufficient evidence to prove he committed extortion. His retrial was barred by double jeopardy." |
Defendant Aided By: |
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Compensation Awarded: |
"$50,000 (State of Mississippi, 2015)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"State to pay thousands to wrongfully convicted, By Jack Elliot Jr. (Associated Press reporter), The Clarion-Ledger (Jackson, MS), April 19, 2015" |
Information Location 1: |
http://www.clarionledger.com/story/news/2015/04/19/state-pay-thousands-wrongfully-convicted/26040949/ |
Information Source 2: |
"Frank Sanders Tipton v. State of Mississippi, No. 2013-CA-00415-SCT (Miss. Supreme Ct., 10-30-2014)" |
Information Location 2: |
http://courts.ms.gov/Images/Opinions/CO97325.pdf |
Information Source 3: |
"Tipton v. State, 41 So. 3d 679 (Miss. Supreme Court, 7-24 2010 and rehearing denied 8-26-2010) (Vacating conviction and ordering dismissal based on insufficent evidence of extortion.)" |
Information Location 3: |
"http://scholar.google.com/scholar_case?case=13698571844841167471&q=Frank+Sanders+Tipton&hl=en&as_sdt=6,48" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org