Texas Supreme Court· 5/18/2012

In Re Allen

Citations

366 S.W.3d 696
55 Tex. Sup. Ct. J. 723
2012 WL 1759742
2012 Tex. LEXIS 422

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing that Schulp-type innocence claims merit compensation based on a finding of actual innocence because “[w]here legislative enactments unambiguously direct our path, we must follow”
acknowledging that actual innocence habeas relief granted by the Court of Criminal Appeals entitled Applicant to compensation from the State under the Timothy Cole Act (TEX. CIV. PRAC. & REM. CODE § 103.001)
explaining that courts presume that the Legislature chooses words in statutes \with complete knowledge of the existing law and with reference to it.\ (quoting Acker v. Texas Water Comm'n , 790 S.W.2d 299 , 301 (Tex. 1990) )
presuming that when the legislature enacted finance code section 304.005 in 1999, it was aware of the court’s interpretations of the word “judgment” in the predecessor statute and intended to convey a meaning consistent with the court’s historic usage
noting role of background law in informing meaning of statutory text (quoting Acker v. Texas Water Comm'n, 790 S.W.2d 299, 301 (Tex. 1990)); Bridgestone/Firestone, Inc. v. Glyn-Jones, 878 S.W.2d 132, 133 (Tex. 1994
describing the correct inquiry as “whether the Court of Criminal Appeals’ decision clearly 3 indicated on its face that the writ was based on a court finding or determination of actual innocence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wainwright

Read full opinion on CourtListener

Cited by

94 cases in this archive cite this case; the 20 most cited are listed.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named In Re Allen

169 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.