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Michael McKelvey

Other Harris County Drug Exonerations
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On June 22, 2009, police in Houston, Texas arrested 20-year-old Michael McKelvey after confiscating a substance from him that field-tested positive for cocaine.

On June 25, 2009, McKelvey pled guilty in Harris County Criminal District Court to felony possession of a controlled substance. He was sentenced to six months in the Harris County Jail.

On August 19, 2009, the Houston Police crime laboratory tested the substance and concluded that no controlled substances were present.

In 2016, the Harris County District Attorney’s conviction integrity unit joined with McKelvey’s attorney in filing a state-court petition for a writ of habeas corpus seeking to vacate the conviction. A state trial judge recommended that the petition be granted and in June 2016 the Texas Court of Criminal Appeals granted the writ and vacated the conviction.

On July 13, 2016, the prosecution dismissed the charge.

– Maurice Possley

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Posting Date: 7/15/2016
State:Texas
County:Harris
Most Serious Crime:Drug Possession or Sale
Additional Convictions:
Reported Crime Date:2009
Convicted:2009
Exonerated:2016
Sentence:6 months
Race:Black
Sex:Male
Age at the date of crime:20
Contributing Factors:False or Misleading Forensic Evidence
Did DNA evidence contribute to the exoneration?:No