Legal Opinion

Estate of Jacobs v. State

Court of Appeals of North Carolina

Decided August 4, 2015No. 15-146PublishedCited by 4 opinions

1Opinion of the Court

INMAN, Judge.

*396 In this case, we must determine whether the estates of four deceased persons may recover from the government compensation for the wrongful convictions of decedents who received posthumous pardons of innocence. Although both the State and this Court solemnly acknowledge the profound harm caused by the wrongful imprisonment of any person, we affirm the Full Commission's order dismissing plaintiffs' claims because the statute does not allow compensation based upon posthumous pardons of innocence.

Background

On 6 February 1971, amidst a series of violent confrontations between black…

2Cases cited16 opinions

  1. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  2. Deese v. Champion International Corp.Supreme Court of North Carolina · 2000
  3. Guthrie v. North Carolina State Ports AuthoritySupreme Court of North Carolina · 1983
  4. North Carolina Department of Correction v. North Carolina Medical BoardSupreme Court of North Carolina · 2009
  5. Gilmore v. . Board of EducationSupreme Court of North Carolina · 1942

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3Cited by4 opinions

  1. PAUL KAMIENSKI VS. STATE OF NEW JERSEY, DEPARTMENTOF TREASURY(L-2106-10, MERCER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017
  2. Bentley v. Jonathan Piner Constr.Court of Appeals of North Carolina · 2016
  3. Schroeder v. City of WilmingtonCourt of Appeals of North Carolina · 2022
  4. Schroeder v. City of WilmingtonCourt of Appeals of North Carolina · 2022

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