STATE v. OAKLEY

Nos. 06-0050, 06-0172.

227 S.W.3d 58 (2007)

The STATE of Texas, Petitioner v. Barbara OAKLEY, as Guardian of the Estate and Person of Richard Danziger, Respondent, The State of Texas, Petitioner v. Barbara Oakley, as Guardian of the Estate and Person of Richard Danziger, Respondent.

Supreme Court of Texas.

Decided June 8, 2007.


Attorney(s) appearing for the Case

Joel Thollander, McKool Smith, PC, Greg Abbott, Attorney General of Texas, Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Cynthia Lee Alexander, Philip A. Lionberger, Office of Atty. Gen., and Kent C. Sullivan, First Assistant Atty. Gen., Austin, for The Petitioner.

Scott Ozmun, Jeffrey Scott Edwards, Whitehurst Harkness Ozmun & Brees, Austin, for Respondent.


Justice BRISTER delivered the opinion of the Court.

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...

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