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Criminal Law

: Grits for Breakfast

Why wouldn?t innocence 'presumed' by criminal courts be 'actual'?

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I'm going to be posting some over at the Innocence Project of Texas' blog (regular readers know I began working for them as a policy consultant a couple of months ago), and wanted to point Grits readers to an item I wrote there about a case of first impression pending at the Austin Court of Appeals regarding whether cases overturned on direct appeal qualify for compensation under Texas' wrongful convictions statutes, see "Splitting hairs on innocence compensaton claims: If unconvicted defendants are presumed innocent, why isn?t that innocence 'actual'?"The Austin appellate court declared only habeas appeals qualify for compensation, reversing a district court ruling that a defendant whose conviction was overturned on appeal because of insufficiency of evidence could pursue compensation under Chapter 103 of the Civil Practice and Remedies Code...continue to full post

Full post as published by Grits for Breakfast on August 18, 2008 (boomark / email).

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