There is a newer version
of
this Section
2017 Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 44 - Compensation to Victims of Wrongful Conviction and Imprisonment
§ 11-44-3. Prerequisite for claim for compensation
Universal Citation: MS Code § 11-44-3 (2017)
- (1) In order to present an actionable claim for wrongful conviction and imprisonment under this chapter, a claimant must establish by documentary evidence that:
- (a) The claimant has been convicted of one or more felonies and subsequently sentenced to a term of imprisonment and has served all or any part of the sentence;
- (b) On grounds not inconsistent with innocence:
- (i) The claimant was pardoned for the felony or felonies for which sentenced and which are the grounds for the complaint and the pardon is based on the innocence of the claimant which must be affirmatively stated in the pardon; or
- (ii) The judgment of conviction was vacated and/or reversed;
- (c) If there was a vacatur or reversal, either the accusatory instrument was dismissed or nol prossed; or if a new trial was held, the defendant was found not guilty;
- (d) The claimant's claim is not time-barred by the provisions of this chapter; and
- (e) The claimant did not intentionally waive any appellate or post-conviction remedy otherwise available in order to benefit under this chapter.
- (2) The claim shall be verified by the claimant.
- (3) If the court finds after reading the claim that the claimant has not demonstrated the foregoing, it shall dismiss the claim, either on its own motion or on the state's motion. This dismissal shall be without prejudice to allow adequate refiling within ninety (90) days.
Disclaimer: These codes may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
