Wrongly Convicted Database Record

 

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Ernest Howard Walker

 

Charge:

Homicide (criminally negligent)

Sentence:

3 to 15 years

Years Imprisoned:

Year Crime:

Year Convicted:

2000

Year Cleared:

2010

U.S. State or Country of Crime:

Michigan

County or Region of Crime:

Mackinac

City of Crime:

Result:

Pardoned

Summary of Case:

"Ernest Howard Walker was convicted in 2000 of operating a motor vehicle under the influence causing death in Mackinac County, Michigan. Walker was sentenced to 3 to 15 years imprisonment. Ernest Howard Walker was pardoned by Michigan's governor on December 28, 2010. An executive pardon in Michigan erases a conviction and restores the pardoned person's presumption of innocence the same as a court order vacating a conviction. The Michigan Court of Appeal stated 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)."

Conviction Caused By:

Innocence Proved By:

"Ernest Howard Walker was pardoned by Michigan's governor on December 28, 2010. An executive pardon in Michigan erases a conviction and restores the pardoned person's presumption of innocence the same as a court order vacating a conviction. The Michigan Court of Appeal stated 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)."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Pardons Approved By Governor, 1/1/1969 to 4/30/2015, Mich. Dept. of Corr., Office of the Parole and Commutation Board (List of 69 pardoned individuals sent to Hans Sherrer on 4/30/2015)"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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