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State Courts

: What the Judge Ate for Breakfast

After 30 years, Texas conviction overturned

By Ron Sylvester

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Presumed Guilty

Cornelius Dupree Jr., saw his conviction for rape and robbery overturned Tuesday by a judge in Dallas, Texas.

Dupree spent 30 years in prison and had two chances to walk free. But he was denied parole because he wouldn’t own up to his crimes and undergo treatment as a sex offender. Then earlier this year, results of DNA testing showed Dupree had been right all along — he wasn’t guilty of the crime that sent him to prison at the age of 20.

Dupree with lawyer Barry Sheck

Those wrongfully convicted in Dallas are fortunate that authorities keep evidence in their cases, The Associated Press reported:

“Dallas County’s record of DNA exonerations ? Dupree is No. 21 ? is unmatched nationally because the county crime lab maintains biological evidence even decades after a conviction, leaving samples available to test.”

Since 2009, Texas has compensated the wrongly convicted for the time they spent in prison.

“Dupree is eligible for $80,000 for each year he was behind bars, plus a lifetime annuity. He could receive $2.4 million in a lump sum that is not subject to federal income tax.” (AP)

Kansas does not have a similar law.

Eddie Lowery had to file a civil suit, which resulted in a $7.2 million settlement, after spending 10 years in a Kansas prison for a crime he didn’t commit.

The story of being denied parole for not admitting to a crime is a familiar one, however.

Ronnie Rhodes has been turned down for parole seven times. According to records provided by the Kansas Parole Board, the main reason his refusal to take responsibility for a 1981 Wichita murder. Rhodes says he’s not guilty.

Read all posts in this series.

Photo: The Associated Press

Full post as published by What the Judge Ate for Breakfast on January 05, 2011 (boomark / email).

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