On September 1, 2006, police in Houston, Texas arrested 20-year-old Marcus Tate, Jr., after they seized a powdery substance from Tate that field-tested positive for cocaine.




On September 5, 2006, Tate pled guilty in Harris County Criminal District Court to possession of a controlled substance. He was sentenced to 150 days in the Harris County Jail.


In February 2011, the Houston Police Department Crime Laboratory tested the powder and no controlled substance was found. The Harris County District Attorney's Post Conviction Review Unit was informed of the lab test result in February 2015.


After sharing the results with Tate, the prosecution joined in a state court petition for a writ of habeas corpus to vacate the conviction. On March 25, 2015, the Texas Court of Criminal Appeals granted the writ and vacated the conviction. On May 5, 2015, the prosecution dismissed the charge.

Posting Date: 05-08-2015

Photography by Marcus Tate Jr.
Case Details:
State:
Texas
County:
Harris
Most Serious Crime:
Drug Possession or Sale
Reported Crime Date:
2006
Convicted:
2006
Exonerated:
2015
Sentence:
Term of Years
Race / Ethnicity:
Black
Sex:
Male
Age at the date of reported crime:
20
Contributing Factors:
False or Misleading Forensic Evidence
Did DNA evidence contribute to the exoneration?:
No