Wrongly Convicted Database Record
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Charge: |
Disorderly Conduct |
Sentence: |
75 hours community service |
Years Imprisoned: |
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Year Crime: |
2013 |
Year Convicted: |
2013 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Vermont |
County or Region of Crime: |
Essex |
City of Crime: |
Canaan |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"David Tracy was wrongly convicted of misdemeanor disorderly conduct by "abusive language" in Canaan, Vermont. Tracy became verbally upset at his daughter's school basketball coach when his daughter wasn't played during a game. After his conviction following a bench trial, Tracy was sentenced to serve 75 hours community service and to write a letter of apology to the coach. Tracy appealed. On August 28, 2015 the Vermont Supreme Court vacated Tracy's conviction on the basis that his speech was constitutionally protected and therefore he had not committed a crime." |
Conviction Caused By: |
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Innocence Proved By: |
"On August 28, 2015 the Vermont Supreme Court vacated Tracy's conviction on the basis that his speech was constitutionally protected and therefore he had not committed a crime." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"State v. David Tracy, 2015 VT 111 (Vt. Sup. Ct., 8-28-2015) (Vacating conviction because Tracy's speech was constitutionally protected.)" |
Information Location 1: |
https://www.vermontjudiciary.org/LC/Supreme%20Court%20Published%20Decisions/op14-055.pdf |
Information Source 2: |
"Vermont court reverses conviction of dad who yelled at coach, By Staff, Times Argus, August 29,2015" |
Information Location 2: |
http://www.timesargus.com/article/20150829/THISJUSTIN/708299922/0/INFO02 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org