Legal Opinion

State Ex Rel. Abbott v. Young

Texas Court of Appeals, 3rd District (Austin)

Decided September 16, 2008No. 03-07-00572-CVPublishedCited by 30 opinions

1Opinion of the Court

OPINION

BOB PEMBERTON, Justice.

Texas’ wrongful-imprisonment statute, chapter 103 of the civil practice and remedies code, waives sovereign immunity and authorizes claims against the State for compensation where the claimant (1) “has served in whole or in part a sentence in prison under the laws of this state,” and (2) has either “received a full pardon on the basis of innocence for the crime for which the person was sentenced” or “has been granted relief on the basis of actual innocence for the crime for which the person was sentenced.” Tex. Civ. Prac. & Rem.Code Ann. § 103.001(a) (West 2005);…

2Cases cited28 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  3. Bland Independent School District v. BlueTexas Supreme Court · 2000
  4. Herrera v. CollinsSupreme Court of the United States · 1993
  5. Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002

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3Cited by30 opinions

  1. In Re AllenTexas Supreme Court · 2012
  2. Nick C. Rhoades v. State of IowaSupreme Court of Iowa · 2016
  3. T.C.R. v. Bell County District Attorney's Office, Texas Court of Appeals, 3rd District (Austin)2009
  4. Ex parte SpringsteenCourt of Appeals of Texas · 2016
  5. Ex Parte Jessep, Texas Court of Appeals, 7th District (Amarillo)2009

25 more not listed; retrieve them via the Exa API.

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