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IN RE BLAIR

No. 11-0441.

408 S.W.3d 843 (2013)

In re Michael N. BLAIR, Relator.

Supreme Court of Texas.

Decided August 23, 2013.

Rehearing Denied October 18, 2013.

Attorney(s) appearing for the Case

Daniel T. Hodge , First Asst. Attorney, General, David C. Mattax , Director of Defense Litigation, Office of the Attorney General, Greg W. Abbott , Attorney General of Texas, Jonathan F. Mitchell , Solicitor General, Office of the Attorney General, Kevin D. Van Oort , Deputy Chief — Financial & Tax Litigation Div., Philip A. Lionberger , Office of the Attorney General, Assistant Solicitor General, William J. "Bill" Cobb III , Office of the Attorney General, Austin, TX, for Respondent Texas Comptroller of Public Accounts.

Michael G. Lockwood , Kiester Lockwood & Ciccone LLP, Roy E. Greenwood Jr. , Attorney at Law, Austin, TX, Philip Alan Wischkaemper , Attorney at Law, Lubbock, TX, for Relator Michael N. Blair.

Justice HECHT announced the decision of the Court and delivered an opinion, in which Justice GREEN, Justice GUZMAN, and Justice DEVINE joined.

The Tim Cole Act1 entitles a person who has been wrongfully imprisoned to compensation from the State, but payments terminate "if, after the date the person becomes eligible for compensation..., the person is convicted of a crime punishable as a felony."2 The issue in this case is whether the Act requires payments to a felon who remains incarcerated for a conviction that...

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