Wrongly Convicted Database Record
|
Charge: |
"Sexual Crime Online (e.g., enticing minor in chatroom for sex)" |
Sentence: |
7 years |
Years Imprisoned: |
|
Year Crime: |
|
Year Convicted: |
|
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Fort Bend |
City of Crime: |
|
Result: |
Judicially Exonerated |
Summary of Case: |
"James Paul Wean Jr. was wrongly convicted of online solicitation of a minor in Fort Bend County, Texas. James Wean was sentenced to four years imprisonment under Tex. Penal Code § 33.021(b). He did not appeal his convictions. In 2013 the Texas Court of Criminal Appeals ruled that § 33.021(b) unconstitutional in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). Wean filed a writ of habeas corpus that his convictions were no longer valid in light of Lo. The State did not oppose Wean's petition and the district court judge recommended the granting of his petition. On January 25, 2017 the Texas Court of Criminal Appeals granted Wean's writ of habeas corpus and ordered dismissal of his indictment." |
Conviction Caused By: |
Unconstitutional statute. |
Innocence Proved By: |
"On January 25, 2017 the Texas Court of Criminal Appeals granted James Wean's habeas corpus petition based on the unconstitutionality of the statute he was convicted of violating." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Male |
Skin/Ethnicity: |
|
Information Source 1: |
"Ex Parte Wean, No. WR-83,634-01 (Tex. Court of Criminal Appeals 1-25-2017) (Granting habeas corpus relief and ordering dismissal of indictment based on unconstitutionality of the statute he was convicted of violating.)" |
Information Location 1: |
www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=96eadf3a-e899-4b6c-9cfc-caba0fed8199&coa=coscca&DT=OPINION&MediaID=f94f5859-01d4-4fc1-8fff-d5e10c595759 |
Information Source 2: |
|
Information Location 2: |
|
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org