Timothy Andrew Van Heck

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Charge:	Misdemeanor conviction
Sentence:
Years Imprisoned:
Year Crime:	1975
Year Convicted:	1975
Year Cleared:	1988
U.S. State or Country of Crime:	Connecticut
County or Region of Crime:
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Timothy Andrew Van Heck was convicted in Connecticut of five misdemeanors for arrests in 1975 and 1977. Van Heck was granted an unconditional pardon by the State of Connecticut for all his convictions. On September 24, 2002 the Michigan Court of Appeal ruled that Van Heck's unconditional pardons in Connecticut had the effect of erasing his convictions in that state, and not just relieving him of the punishment. The Court ruled in People v. Van Heck, 252 Mich. App. 207, 651 NW 2d 174 (Mich. Ct. of Appeals 9-24-2002): "As our Supreme Court has observed, such an act of clemency "`reaches both the punishment prescribed for the offense and the guilt of the offender. It releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.'" People v. Stickle, 156 Mich. 557, 564, 121 N.W. 497 (1909), quoting People, ex rel. Forsyth v. Court of Sessions of Monroe County, 141 N.Y. 288, 294-295, 36 N.E. 386 (1894). In light of the sweeping manner in which the Connecticut statutes erase a conviction upon pardon, the pardon granted defendant similarly blots out of existence his guilt, so that under the law he is considered to have never committed the pardoned offenses. Accordingly, although defendant may not be innocent in fact, the Connecticut pardon renders him innocent as a matter of law."
Conviction Caused By:
Innocence Proved By:	"On September 24, 2002 the Michigan Court of Appeal ruled that Van Heck's unconditional pardons in Connecticut that had the effect of erasing his convictions in that state, and not just relieving him of the punishment. The Court ruled in People v. Van Heck, 252 Mich. App. 207, 651 NW 2d 174 (Mich. Ct. of Appeals 9-24-2002): "As our Supreme Court has observed, such an act of clemency "`reaches both the punishment prescribed for the offense and the guilt of the offender. It releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.'" People v. Stickle, 156 Mich. 557, 564, 121 N.W. 497 (1909), quoting People, ex rel. Forsyth v. Court of Sessions of Monroe County, 141 N.Y. 288, 294-295, 36 N.E. 386 (1894). In light of the sweeping manner in which the Connecticut statutes erase a conviction upon pardon, the pardon granted defendant similarly blots out of existence his guilt, so that under the law he is considered to have never committed the pardoned offenses. Accordingly, although defendant may not be innocent in fact, the Connecticut pardon renders him innocent as a matter of law.""
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"People v. Van Heck, 252 Mich. App. 207, 651 NW 2d 174 (Mich. Ct. of Appeals 9-24-2002) (Recognizing that Van Heck's Connecticut pardons erased his five misdemeanor convictions from 1975-1978, and thus he was eligible for a pardon under Michigan law.)"
Information Location 1:	"http://scholar.google.com/scholar_case?case=9179974422545859463&q=People+v.+Van+Heck,+252+Mich.App.+207,+651+N.W.2d+174+%282002%29&hl=en&as_sdt=6,48"
Information Source 2:	"People v. Van Heck, 467 Mich. 938 (Mich. 1-8-2003) (Declining review of the appeals court's ruling on 9-24-2002)"
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Timothy Andrew Van Heck

Charge:

Misdemeanor conviction

Sentence:

Years Imprisoned:

Year Crime:

1975

Year Convicted:

1975

Year Cleared:

1988

U.S. State or Country of Crime:

Connecticut

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"People v. Van Heck, 252 Mich. App. 207, 651 NW 2d 174 (Mich. Ct. of Appeals 9-24-2002) (Recognizing that Van Heck's Connecticut pardons erased his five misdemeanor convictions from 1975-1978, and thus he was eligible for a pardon under Michigan law.)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=9179974422545859463&q=People+v.+Van+Heck,+252+Mich.App.+207,+651+N.W.2d+174+%282002%29&hl=en&as_sdt=6,48"

Information Source 2:

"People v. Van Heck, 467 Mich. 938 (Mich. 1-8-2003) (Declining review of the appeals court's ruling on 9-24-2002)"

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