Wrongly Convicted Database Record
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Charge: |
Draft Evasion (including Failure to Register and Failure to report for induction) |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
1967 |
Year Convicted: |
1967 |
Year Cleared: |
1970 |
U.S. State or Country of Crime: |
New York - Federal Case |
County or Region of Crime: |
New York |
City of Crime: |
New York City |
Result: |
Judicially Exonerated |
Summary of Case: |
"Robert I. Toussie was wrongly convicted in 1967 of failing to register for the draft after he turned 18 on June 23, 1959. Robert Toussie was convicted in U.S. District Court in New York. Toussie appealed on the basis that the five year statute of limitations expired in 1964 when he was 23. The Circuit Court of Appeals affirmed Toussie's conviction and the U.S. Supreme Court accepted his writ of certiorri. On March 2, 1970 the Supreme Court ruled 5 to 3 that the five year statute of limitations was triggered when Toussie turned 18, and therefore his obligation to register ended in 1964 on his 24th birthday -- therefore the indictment must be dismissed." |
Conviction Caused By: |
Erroneous interpretation of the law by the trial judge and the U.S. Attorney's Office. |
Innocence Proved By: |
"On March 2, 1970 the U.S. Supreme Court ruled 5 to 3 that the five year statute of limitations was triggered when Robert Toussie turned 18, and therefore his obligation to register ended in 1964 on his 24th birthday -- therefore the indictment must be dismissed." |
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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: |
"Toussie v. United States, 397 U. S. 112 (1970)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=7913020475133973693&q=+397+U.+S.+112+&hl=en&as_sdt=6,48" |
Information Source 2: |
"Isaac Toussie's father had his own conviction tossed, Newsday (NY), January 5, 2009" |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org