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IN RE SMITH

No. 10-0048.

333 S.W.3d 582 (2011)

In re Billy James SMITH, Relator.

Supreme Court of Texas.

Decided March 4, 2011.

Attorney(s) appearing for the Case

Kristopher Edwin Moore , Kevin Glasheen , Glasheen, Valles, Inderman & DeHoyos, LLP, Odessa, for Billy James Smith.

Martin Cherry , General Counsel, Philip A. Lionberger , Office of Attorney General, Asst. Solicitor General, Greg W. Abbott , Attorney General, Clarence Andrew Weber , Kelly Hart & Hallman LLP, David S. Morales , Office of Attorney General, Deputy First Asst. Attorney General, Austin, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, for Susan Combs.

Justice MEDINA delivered the opinion of the Court.

Under the Texas Wrongful Imprisonment Act, which is now known as the Tim Cole1 Act, a wrongfully-imprisoned person may seek compensation from the state for the period of wrongful imprisonment. TEX. CIV. PRAC. & REM.CODE § 103.001(a). Application is made to the Texas Comptroller of Public Accounts, who is authorized to determine eligibility...

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