Legal Opinion

Wilhoit v. State

Supreme Court of Oklahoma

Decided November 16, 2009No. 105,883PublishedCited by 13 opinions

1Opinion of the CourtReif, J.

T1 The issue presented on certiorari review is whether a governmental tort claim for "wrongful conviction" under 51 0.8. Supp. 2008 §§ 154(B) and 156(H) can be pursued without a prior determination of "actual innocence" as provided in § 154(B). For the reasons that follow, we hold that certain claims for wrongful conviction can be pursued without a prior determination of "actual innocence."

"[ 2 This issue arises from a suit brought by Gregory Ralph Wilhoit to recover for his alleged wrongful conviction and imprisonment for first degree murder. His petition discloses that (1) he was convicted…

2Cases cited2 opinions

  1. Indiana National Bank v. State Department of Human ServicesSupreme Court of Oklahoma · 1994
  2. Russett School District No. C-8 v. AskewSupreme Court of Oklahoma · 1943

3Cited by13 opinions

  1. MCINTOSH v. WATKINSSupreme Court of Oklahoma · 2019
  2. State of Iowa v. David R. DesimoneSupreme Court of Iowa · 2013
  3. MCINTOSH v. WATKINSSupreme Court of Oklahoma · 2019
  4. Kennedy v. City of TalihinaCourt of Civil Appeals of Oklahoma · 2011
  5. PAUL KAMIENSKI VS. STATE OF NEW JERSEY, DEPARTMENTOF TREASURY(L-2106-10, MERCER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017

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