Jeremy Edward Whalen Whalen

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Charge:	Driving Under the Influence of Alcohol or Drugs
Sentence:	24 hours suspended & $690 costs & fine
Years Imprisoned:
Year Crime:	2012
Year Convicted:	2014
Year Cleared:	2016
U.S. State or Country of Crime:	Arkansas
County or Region of Crime:	Sebastian
City of Crime:	Fort Smith
Result:	Judicially Exonerated
Summary of Case:	"Jeremy Edward Whalen was wrongly convicted on July 29, 2014 of driving while intoxicated on Interstate 540 in Fort Smith, Arkansas on September 20, 2012. Jeremy Whalen was arrested at a sobriety checkpoint set-up at Exit 11. Whalen filed a motion to dismiss based on the illegality of the checkpoint, that was denied by the trial judge. Whalen was convicted after a bench trial, and he was sentenced to pay fines and costs of $690, serve 24-hours in jail which was suspended pending his completion of a defensive driving course within 30 days of the judgment, complete Level I alcohol treatment, and complete one victim-impact class as recommended in his presentence screening report. Whalen appealed his conviction. The Court of Appeals reversed Whalen's conviction on the basis the sobriety checkpoint was illegally conducted. (Whalen v. State, 2015 Ark. App. 706, 478 S.W.3d 249) The State appealed, and the Arkansas Supreme Court accepted his case for review. On October 20, 2016 the Arkansas Supreme Court affirmed the appeals court's decision, in ruling the state failed to show there was a pre-existing plan for the checkpoint and that officers had unfettered discretion to establish and conduct the checkpoint."
Conviction Caused By:
Innocence Proved By:	"On October 20, 2016 the Arkansas Supreme Court affirmed the appeals court's decision, in ruling the state failed to show there was a pre-existing plan for the checkpoint and that officers had unfettered discretion to establish and conduct the checkpoint."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"Jeremy Edward Whalen v. State of Arkansas, 2016 Ark. 343 (Arkansas Sup. Ct., 10-20-2016) (Affirming Ct. of Appeals ruling vacating conviction based on "
Information Location 1:	http://opinions.aoc.arkansas.gov/WebLink8/0/doc/356857/Electronic.aspx
Information Source 2:	"Arkansas court reverses DWI conviction over checkpoint, By Associated Press, KATV.com (Little Rock, Ark.), October 20, 2016"
Information Location 2:	http://katv.com/news/local/arkansas-court-reverses-dwi-conviction-over-checkpoint
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Jeremy Edward Whalen Whalen

Charge:

Driving Under the Influence of Alcohol or Drugs

Sentence:

24 hours suspended & $690 costs & fine

Years Imprisoned:

Year Crime:

2012

Year Convicted:

2014

Year Cleared:

2016

U.S. State or Country of Crime:

Arkansas

County or Region of Crime:

Sebastian

City of Crime:

Fort Smith

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On October 20, 2016 the Arkansas Supreme Court affirmed the appeals court's decision, in ruling the state failed to show there was a pre-existing plan for the checkpoint and that officers had unfettered discretion to establish and conduct the checkpoint."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Jeremy Edward Whalen v. State of Arkansas, 2016 Ark. 343 (Arkansas Sup. Ct., 10-20-2016) (Affirming Ct. of Appeals ruling vacating conviction based on "

Information Location 1:

http://opinions.aoc.arkansas.gov/WebLink8/0/doc/356857/Electronic.aspx

Information Source 2:

"Arkansas court reverses DWI conviction over checkpoint, By Associated Press, KATV.com (Little Rock, Ark.), October 20, 2016"

Information Location 2:

http://katv.com/news/local/arkansas-court-reverses-dwi-conviction-over-checkpoint

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: