On April 28, 2012, 30-year-old Donna Davenport-Fritsche was stopped by police in Montgomery County, Texas and a search of her car turned up a substance that police suspected to be drugs. She was charged with possession of narcotics after a field test was positive for a controlled substance.
Davenport-Fritsche pleaded guilty on August 23, 2012 and was sentenced to 60 days in jail, although no lab tests had been performed on the suspected drugs.
In 2013, the Montgomery County crime lab reported that tests on the substance seized from Davenport-Fritsche were negative for the presence of illegal drugs.
A state petition for a writ of habeas corpus was filed and granted—with the support of the Montgomery County District Attorney’s Office. On April 17, 2013, the Texas Court of Criminal Appeals agreed and ordered the conviction vacated and the case dismissed.
– Maurice Possley