×
You've used up your 3 free articles for this month. Subscribe today.
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 …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- $13 Million Awarded to Exonerated Illinois Prisoner Tortured to Confess by Corrupt Cops, Aug. 1, 2026. Police Misconduct, Wrongful Conviction, Certificate of Innocence, False Imprisonment, Confessions - Coerced.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- Louisiana Supreme Court Announces Framework Governing Factual Innocence Claims in First Application of La. C.Cr.P. Art. 926.2, Holding Second-Step Review Encompasses All Relevant Evidence, Aug. 1, 2026. Wrongful Conviction, Forensic Sciences, Actual Innocence/Claim of Innocence, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- Conviction Tossed for Former Alabama Prisoner Paroled After 42 Years, July 1, 2026. Sex Offender Registration, Wrongful Conviction, Forensic Sciences, Eyewitness Identification, Brady Rule violations.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence, Evidence - Admissibility, Claim of Innocence.
- Jury Awards Over $24.4 Million to Kentucky Prisoner Exonerated After 22 Years, Bringing Total Payout for Him and Co-Defendant to Almost $45 Million, June 1, 2026. Police Misconduct, Wrongful Conviction, Monell Liability, Fabrication of Evidence, Failure to Disclose.
- Sixth Circuit Upholds $10 Million Wrongful Conviction Verdict for Exonerated Michigan Prisoner, June 1, 2026. Wrongful Conviction, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Absolute and Qualified, Damages - Compensatory, Failure to Disclose.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.