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Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases
Loaded on Feb. 15, 2013
by Matthew Clarke
published in Prison Legal News
February, 2013, page 34
by Matt Clarke
Filed under:
Attorney Misconduct,
Malpractice (Attorneys),
Civil Procedure,
Damages,
Wrongful Conviction,
Habeas Corpus,
Wrongful Imprisonment.
Location:
Texas.
On May 18, 2012, the Supreme Court of Texas held that a former prisoner whose murder conviction was reversed due to ineffective assistance of counsel after he proved that he was likely actually innocent was entitled to compensation.
Billy Frederick Allen was convicted of a double homicide ...
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More from this issue:
- LaSalle Corrections: A Family-Run Prison Firm, by Matthew Clarke
- Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX, by Derek Gilna
- From the Editor, by Paul Wright
- The Battle to Open Prisons to Journalists, by Jessica Pupovac
- Two Companies Acknowledge Exporting U.S. Prisoner-Made Goods to Canada, by David Reutter
- Reintroducing the Private Prison Information Act: An Interview, by Mel Motel
- GAO Examines How BOP Can Reduce Prisoners’ Time in Prison, by Derek Gilna
- In Memory of Jon E. Yount (1938-2012), by Peter Wagner
- Supreme Court Extends Qualified Immunity to Private Attorney
- U.S. Imprisons the Most Women, Tops International List
- Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains, by Derek Gilna
- NY Federal Judge Deals Rare SHU Placement Defeat to BOP, by Derek Gilna
- Oregon Jail Guard Convicted of Assaulting Prisoner, Gets 30 Days in Jail
- Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence, by Matthew Clarke
- The Collapse of American Criminal Justice, by William J. Stuntz (Belknap Press of Harvard University Press, 2011). 432 pages, $35.00, by Derek Gilna
- Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration
- Pay-to-Stay Jail Programs Growing
- Nevada DOC Audit: Doctors Work 5 Hours, Get Paid for 10
- Idaho Supreme Court Affirms Firing of PHS Medical Director
- Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault
- Life After Murder: Five Men in Search of Redemption, by Nancy Mullane (Public Affairs Books, 2012). 384 pages, $26.99 (hard-cover), by John Dannenberg
- Former California Prison Guard Resentenced Following Assault Conviction
- Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases, by Matthew Clarke
- FBI Loses Prisoner’s Property but Sovereign Immunity Foils Recovery, by Derek Gilna
- Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison, by Matthew Clarke
- Pregnant Woman Suffers Needless Death in Oklahoma Jail, by Matthew Clarke
- Seventh Circuit Approves Illinois Prison’s Rejection of PDR and Drug Guide
- Alabama Law Meant to Ensure Transparency in Judicial Elections Not Enforced for 16 Years, by Derek Gilna
- Idaho DOC Settles 30-year-old Class-action Lawsuit
- New York Jail Profits from TV Ads, by Joe Watson
- Federal Prison Industries Contract Leads to Freeworld Job Losses
- California: Denial of Kosher Diet to Messianic Jew Violates RLUIPA
- New Hampshire: $450,000 Settlement in Suit Over Prisoner’s Opiate Detoxification Death
- Ohio Supreme Court Sides with Defendant in Sex Offender Registration Case, by Derek Gilna
- FCC Finally Moves on Wright Petition After Almost a Decade of Inaction
- TASER Liability Verdict Upheld, but Remittitur Granted
- New York Court Limits Costs to $.25 per Page for Prison Medical Records Requests
- Johnny Cash and His Prison Reform Campaign, by Danny Robins
- News in Brief
More from Matthew Clarke:
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025
More from these topics:
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025. Wrongful Conviction, Confessions - Coerced, Confessions and Statements of Defendant.
- $12 Million for Former California Prisoner Exonerated After 17 Years, July 15, 2025. Wrongful Conviction, Wrongful Imprisonment, Coercive Interrogations.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- $7.75 Million Settlement for Exonerated North Carolina Prisoner, June 1, 2025. Wrongful Conviction, Wrongful Imprisonment.
- $13 Million Awarded to Exonerated Massachusetts Prisoner for Wrongful Conviction, June 1, 2025. Wrongful Conviction, Wrongful Imprisonment.
- Rejected by Conviction Integrity Unit, 27 New York Prisoners Exonerated Anyway, June 1, 2025. Wrongful Conviction, Offense of Conviction.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Disbarred Cincinnati Defense Attorney Who Defrauded Prisoner Clients Gets Three-Year Sentence, May 1, 2025. Attorney Misconduct, Malpractice (Attorneys), Fraud and Theft Loss, Disbarred Attorney.
- Kansas Supreme Court Denies Compensation to Former Prisoner Whose Conviction Was Overturned, May 1, 2025. Wrongful Conviction, Damages - Compensatory.