In re Allen (Majority)Annotate this Case
Relator sought compensation from the state following the Texas Court of Appeals' grant of habeas relief. Under the Tim Cole Act, Tex. Civ. Prac. & Rem. Code 103.001(a), a wrongfully imprisoned person could seek compensation from the state for the period of wrongful imprisonment. The court conditionally granted the petition for mandamus and instructed the Comptroller to comply and compensate relator under the terms of the Act where the Court of Criminal Appeals granted habeas relief on a Schlup v. Delo claim and relator's order clearly indicated that relief was based on actual innocence.