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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:
- CoreCivic’s Long Record of Abuse and Neglect in Tennessee, June 1, 2026
- Dallas County Jail Deaths, Many Preventable, Dramatically Increase Under Sheriff Marian Brown, June 1, 2026
- Ninth Circuit Lets Stand Ruling That Federal Prisoners’ Gradually Accumulated Savings Are Subject to Restitution Turnover, June 1, 2026
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026
- Nebraska Lifts Suspension of Native American Religious Practices Hours Prior to Federal Court Hearing, June 1, 2026
- Florida Federal Court Excoriates BOP for Health Care Failures, Grants Prisoner Early Release to Seek Treatment for Possible Breast Cancer, June 1, 2026
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026
- Federal Court Partially Enjoins Enforcement of Georgia’s S.B. 185 Prohibiting Gender-Affirming Health Care in DOC, June 1, 2026
- Federal Jury Awards $2,500 to Male Wisconsin Prisoner Sexually Assaulted by Female Guard, June 1, 2026
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026
More from these topics:
- 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.
- Murder Convictions Tossed for Three Pennsylvania Prisoners After 28 Years, June 1, 2026. Wrongful Conviction, witness misidentification, Forensic Sciences, Evidence - Integrity/Reliability of, Expert and Opinion Testimony.
- New York Prisoner, Paroled After 25 Years, Exonerated of Crime, June 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Evidence - Failure to Disclose, Prosecutorial Threats, Brady/Giglio/Jencks Act Issues.
- Exonerated Texas Prisoner Entitled to $1.68 Million After 22 Years of Wrongful Incarceration, May 1, 2026. Wrongful Conviction, Wrongful Imprisonment, Actual Innocence/Claim of Innocence, Failure to Consult/Investigate/Raise, Expert and Opinion Testimony.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.

