Legal Opinion

State v. Oakley

Texas Supreme Court

Decided June 8, 2007No. 06-0050PublishedCited by 32 opinions

1Opinion of the CourtJustice Brister

Since a constitutional amendment in 1956, 1 the Legislature has enacted a number of statutes providing compensation for persons wrongfully imprisoned by the State. The current version is Chapter 103 of the Civil Practices and Remedies Code. 2 That Chapter allows either administrative or judicial claims, 3 the former providing a flat $25,000 per year of wrongful imprisonment, 4 the latter providing reimbursement of actual lost earnings, medical expenses, and legal fees. 5 In either case, there is a $500,000 cap. 6

The questions presented in these companion cases are whether claims for…

2Cases cited25 opinions

  1. State v. ShumakeTexas Supreme Court · 2006
  2. Texas Department of Transportation v. City of Sunset ValleyTexas Supreme Court · 2004
  3. Elbaor v. SmithTexas Supreme Court · 1993
  4. Texas Department of Protective & Regulatory Services v. Mega Child Care, Inc.Texas Supreme Court · 2004
  5. State Farm Fire & Casualty Co. v. GandyTexas Supreme Court · 1996

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3Cited by32 opinions

  1. In Re SmithTexas Supreme Court · 2011
  2. State v. BP America Production Co., Texas Court of Appeals, 3rd District (Austin)2009
  3. State Ex Rel. Abbott v. Young, Texas Court of Appeals, 3rd District (Austin)2008
  4. Ex parte SpringsteenCourt of Appeals of Texas · 2016
  5. Scott v. Presidio I.S.D., Texas Court of Appeals, 3rd District (Austin)2008

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