Search Site
Menu
Is Compensation for Wrongful Conviction Community Property?

The Supreme Court of Texas will answer that question in a case of first impression in Texas as well as the rest of the nation.  In 1983 Steven Phillips was convicted of sexual assault.  He would spend the next 24 years in jail.

During that time, his marriage ended.  Eventually, DNA evidence exonerated him and he became eligible for some $2 million in compensation under Texas wrongful conviction laws.  His wife is now suing him, claiming that she is entitled to be compensated for the loss of his income during their 10 year marriage, and the time, money, and suffering she wasted while he was imprisoned.

A Dallas judge awarded her $150,000 and now the case is headed up on appeal.  The Court’s ruling should be interesting.  Is compensation for wrongful conviction community property?  If so, she might be entitled to much more than $150,000.  If not, is she entitled to damages for loss of consortium or some other cause of action?  Should the state be on the hook for those damages, or should the exoneree give up some of his compensation?

See more details here. 

Leave a Reply

Your email address will not be published. Required fields are marked *

  • "Absolute best in the business hands down! Don White is absolutely amazing wouldn’t ever consider using anyone else, we highly recommend this firm!" - Alyssa McKissaack

  • "The best! Richard has been my family’s attorney for 35 years. Integrity best describes Richard Hayes." - John Grafa

  • "From my first meeting with Mr. Berry and his staff, I was immediately relieved. The bankruptcy process was explained to me simply and objectively and I was made to feel at ease through the entire ordeal. I was especially impressed by his helpful and knowledgeable assistant, Jackie Cox. I would hope to be able to retain Byron Berry for any future needs." - Anonymous

  • "Great Firm with Great Lawyers! It was a great pleasure working with William and his team." - Collin R. Geis

Contact us

Quick Contact Form