Wrongly Convicted Database Record
|
Charge: |
Drug Related (Possession or sale) |
Sentence: |
|
Years Imprisoned: |
|
Year Crime: |
1989 |
Year Convicted: |
1989 |
Year Cleared: |
1991 |
U.S. State or Country of Crime: |
Kentucky - Federal Case |
County or Region of Crime: |
Perry |
City of Crime: |
|
Result: |
Judicially Exonerated |
Summary of Case: |
"Kenneth White was wrongly convicted on October 31, 1989 of knowingly or intentionally possessing with intent to manufacture, distribute or dispense, a controlled substance in Perry County, Kentucky. White's prosecution was based on the discovery of marijuana plants behind White's property. After his conviction by a jury White appealed. On May 13, 1991 the U.S. Sixth Circuit Court of Appeal reversed White's conviction based on insufficinet evidence that he had constructive possession of the marijuana growing off of his property near his home. The Court's ruling stated: "...in this case, we have concluded that the government has failed to establish possession. The patch was not on property owned by White, there was no testimony that White was ever seen in the patch, and there was no path between the trailer and the patch. Indeed, some overgrowth was evident between the trailer and the patch. The two types of fertilizer were not matched up. Furthermore, although the trailer was searched immediately after the initial raid, no scales, seeds, or any drug paraphernalia was found. White's disability and apparent immobility also do not indicate the physical capacity to care for a twenty feet by thirty feet marijuana patch. Thus, we conclude that the evidence was not sufficient to support the conviction." USA v. Kenneth White, 932 F. 2d 588, 590 (6th Cir. 1991)" |
Conviction Caused By: |
|
Innocence Proved By: |
"On May 13, 1991 the U.S. Sixth Circuit Court of Appeal reversed White's conviction based on insufficinet evidence that he had constructive possession of the marijuana growing off of his property near his home." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Male |
Skin/Ethnicity: |
|
Information Source 1: |
"United States v. Kenneth White, 932 F. 2d 588 (6th Cir. 1991) (Conviction reversed based on insufficinet evidence that White had constructive possession of the marijuana growing off of his property near his home.)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=4537405408155461&q=932++F.2d++588++%286th++Cir.++1991%29&hl=en&as_sdt=4,111,126,275,276,280,281,293,294,301,302,303,338,339,343,344,356,357,364,365,366,381" |
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