No. 23-7249

Robert Gandy v. Glenn Hegar, Texas Comptroller of Public Accounts

Lower Court: Texas
Docketed: 2024-04-17
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-practice-and-remedies-code civil-rights due-process equal-protection habeas-corpus statute-of-limitations thompson-v-clark tim-cole-act wrongful-conviction
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (from Petition)

In Thompson v. Clark, 596 U.S. (2022), Cert No. 20-659, this Court held that a petitioner need not prove actual innocence after his conviction has been vacated and criminal charges dismissed to entitle him to seek compensation for his wrongful arrest and false imprisonment. The Court stated, "Questions concerning whether a criminal defendant was wrongly charged, or whether an individual may seek redress for wrongful prosecution, cannot reasonably depend on whether the prosecutor or court happened to explain why charges were dismissed. Therefore, requiring a plaintiff to show that his prosecution ended with an affirmative indication of innocence is not necessary. " Id.

I. The question presented is whether the U.S. Supreme Court decision in Thompson v. Clark, Cert No. 20-659 renders Texas Civil Practice and Remedies Code §103.001(a)(l)(2)(C)(ii) unconstitutional.

In Reed v Gertz, Cert. No. 21-442, this Court held that the statute of limitations begins to run at the end of the state-court litigation.

II. The Question presented is whether Gandy 's Tim Cole Act application for wrongful conviction compensation under the applicable 3-year statute of limitation begins to run from the moment his writ of habeas corpus is granted and remanded or from the final date the trial court dismissed the case on remand.

Question Presented (AI Summary)

Whether the U.S. Supreme Court decision in Thompson v. Clark, Cert No. 20-659 renders Texas Civil Practice and Remedies Code unconstitutional

Docket Entries

2024-10-07
Petition DENIED.
2024-06-13
DISTRIBUTED for Conference of 9/30/2024.
2024-06-03
Petitioner complied with order of May 20, 2024.
2024-05-20
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 10, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2024-05-01
DISTRIBUTED for Conference of 5/16/2024.
2024-04-29
Waiver of right of respondent to respond filed.
2024-03-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2024)

Attorneys

Robert Gandy
Robert Gandy — Petitioner
Texas
Aaron Lloyd NielsonOffice of the Texas Attorney General, Respondent