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D'Andre Fuller

Other Illinois exonerations for weapons possession or sale
https://www.law.umich.edu/special/exoneration/PublishingImages/Cook_County_seal.jpg
On October 29, 2008, Chicago police arrested 23-year-old D’Andre Fuller and charged him with being a felon in possession of a firearm. The charge was based upon a 2003 conviction for aggravated unlawful use of a weapon.

On January 14, 2009, Fuller pled guilty to the charge in Cook County Circuit Court. He was sentenced to three years in prison.

In September 2013, the Illinois Supreme Court ruled in People v. Aguilar that the portion of the statute under which Fuller had been convicted in 2003 was unconstitutional. The statute said that a person committed the offense of aggravated unlawful use of a weapon when a person “carries on or about his person or in any vehicle or concealed on or about his person except when on his land or in his abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm and the firearm is uncased, loaded and immediately accessible.”

The court held that this portion of the statute violated the right to keep and bear arms as guaranteed by the Second Amendment.

In 2020, attorney Joel Flaxman filed a motion to vacate Fuller’s 2003 gun possession conviction based on the Aguilar ruling. By that time, Fuller was serving a 60-year prison sentence after being convicted of murder in Chicago. On November 15, 2019, the motion to vacate Fuller’s weapon possession conviction was granted, and the charge against Fuller was dismissed.

Flaxman filed a motion for a certificate of innocence. On December 10, 2020, Chief Cook County Criminal Court Judge Leroy Martin Jr. granted the motion. Fuller subsequently filed a claim with the Illinois Court of Claims seeking compensation. In May 2021, he was awarded $32,000.

Meanwhile in 2021, Fuller sought to vacate his 2009 conviction for felon in possession of a firearm. On May 6, 2021, the motion was granted, the conviction was vacated, and the charge was dismissed. On November 4, 2021, Fuller was granted a certificate of innocence in Cook County Circuit Court. He then filed a claim with the Illinois Court of Claims seeking compensation.

In March 2022, the Court of Claims awarded Fuller $20,000 in compensation.

– Maurice Possley

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Posting Date: 8/9/2022
Last Updated: 8/9/2022
State:Illinois
County:Cook
Most Serious Crime:Weapon Possession or Sale
Additional Convictions:
Reported Crime Date:2008
Convicted:2009
Exonerated:2021
Sentence:3 years
Race/Ethnicity:Black
Sex:Male
Age at the date of reported crime:23
Contributing Factors:
Did DNA evidence contribute to the exoneration?:No