Legal Opinion
State v. Oakley
Texas Court of Appeals, 3rd District (Austin)
Decided December 16, 2005No. 03-05-00007-CVPublishedCited by 11 opinions
1Opinion of the Court
OPINION
BEA ANN SMITH, Justice.
The question presented is whether a claim for compensation for wrongful imprisonment under chapter 103 of the civil practice and remedies code can be assigned to, and enforced by, a third party. See Tex. Civ. Prac. & Rem.Code Ann. § 103.001-.154 (West 2005) (Compensation to Persons Wrongfully Imprisoned). We hold that it can. The State appeals the trial court’s denial of its plea to the jurisdiction contending that (1) the statutory waiver of sovereign immunity in chapter 103 does not extend to an assignee, (2) common-law principles do not allow assignment of…
2Cases cited24 opinions
- Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
- Federal Sign v. Texas Southern UniversityTexas Supreme Court · 1997
- Wichita Falls State Hospital v. TaylorTexas Supreme Court · 2003
- Elbaor v. SmithTexas Supreme Court · 1993
- HOLY CROSS CHURCH OF GOD IN CHRIST v. WolfTexas Supreme Court · 2001
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. OakleyTexas Supreme Court · 2007
- State Ex Rel. Abbott v. Young, Texas Court of Appeals, 3rd District (Austin)2008
- In Re KleibrinkUnited States Bankruptcy Court, N.D. Texas · 2006
- KUV Partners, LLC and Eilat, Inc. v. Wael Fares D/B/A Fares Construction, Texas Court of Appeals, 2nd District (Fort Worth)2011
- KUV Partners, LLC and Eilat, Inc. v. Wael Fares D/B/A Fares Construction, Texas Court of Appeals, 2nd District (Fort Worth)2011
6 more not listed; retrieve them via the Exa API.