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State v. Oakley12/16/2005
The question presented is whether a claim for compensation for wrongful imprisonment under chapter 103 of the civil practice and remedies code can be assigned to, and enforced by, a third party. See Tex. Civ. Prac. & Rem. Code Ann. § 103.001-.154 (West 2005) (Compensation to Persons Wrongfully Imprisoned). We hold that it can. The State appeals the trial court's denial of its plea to the jurisdiction contending that (1) the statutory waiver of sovereign immunity in chapter 103 does not extend to an assignee, (2) common-law principles do not allow assignment of chapter 103 claims, and (3) there is no jurisdiction because the wrongfully convicted person has already received compensation through a settlement with the City of Austin. We affirm the trial court's denial of the plea to the jurisdiction.
Factual and Procedural Background
Christopher Ochoa and Richard Danziger were wrongfully imprisoned for over twelve years for the October 1988 rape and murder of Nancy DePriest. Ochoa falsely confessed to the crime and falsely implicated Danziger as a participant. Pursuant to a plea agreement, Ochoa pleaded guilty to murder on May 5, 1989. As required by the terms of the agreement, Ochoa testified against Danziger. Danziger was convicted of aggravated sexual assault and sentenced to life in prison on March 6, 1990. In 1996, another man confessed to the murder and was later linked to the crime by an extensive investigation conducted by the Travis County District Attorney's Office. The court of criminal appeals granted habeas corpus relief on the basis of actual innocence to both Ochoa and Danziger in December 2001, and their indictments were dismissed by the district court in February 2002. See Ex parte Ochoa, No. 74,246 (Tex. Crim. App. December 19, 2001) (unpublished per curiam opinion); Ex parte Danziger, No. 74,244 (Tex. Crim. App. December 19, 2001) (unpublished per curiam opinion). Ochoa sued the City of Austin in federal district court and received a sizable settlement. Danziger, through his guardian Barbara Oakley, then brought suit against Ochoa for falsely implicating him in the murder. As part of a settlement agreement in that case, Ochoa assigned his right to compensation under chapter 103 of the civil practices and remedies code to Oakley, as Danziger's guardian. Oakley then brought suit against the State on behalf of Danziger as the assignee of Ochoa's rights.
Chapter 103: Compensation to Persons Wrongfully Imprisoned
Because the issues in this case require us to interpret the statute, it is useful to review the relevant provisions of chapter 103 of the civil practices and remedies code. Chapter 103 generally serves to compensate persons who have been wrongfully convicted and incarcerated by the State. A person is entitled to compensation under the chapter if (1) the person has served in whole or in part a sentence in prison under the laws of the State of Texas, and (2) the person has been pardoned on the basis of innocence or has been granted relief on the basis of actual innocence. Tex. Civ. Prac. & Rem. Code Ann. § 103.001(a). A person need not show any fault by the State, and he is entitled to the same compensation whether his wrongful imprisonment resulted by accident or from intentional misconduct by the State.
Chapter 103 contains an explicit waiver of sovereign immunity, stating that a person may bring a suit against the State and that "the suit must be initiated by a verified petition alleging that the petitioner is entitled to compensation." See id. § 103.101. If the trier of fact determines that the petitioner is entitled to compensation, the petitioner may collect expenses and attorney's fees, lost wages, and medical and
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