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WILHOIT v. STATE

No. 105,883.

226 P.3d 682 (2009)

2009 OK 83

Gregory Ralph WILHOIT, Plaintiff/Appellant, v. The STATE of Oklahoma, Defendant/Appellee.

Supreme Court of Oklahoma.

As Corrected November 16, 2009.

Attorney(s) appearing for the Case

Mark Barrett, Barrett Law Office, Norman, OK, for Plaintiff/Appellant.

John D. Hadden, Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK, for Defendant/Appellee.

REIF, J.

¶ 1 The issue presented on certiorari review is whether a governmental tort claim for "wrongful conviction" under 51 O.S. Supp. 2003 §§ 154(B) and 156(H) can be pursued without a prior determination of "actual innocence" as provided in § 154(B). For the reasons that follow, we hold that certain claims for wrongful conviction can be pursued without a prior determination of "actual innocence."

¶ 2 This issue arises from a suit...

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