State v. Oakley

181 S.W.3d 855, 2005 Tex. App. LEXIS 10453, 2005 WL 3440809
CourtCourt of Appeals of Texas
DecidedDecember 16, 2005
Docket03-05-00007-CV
StatusPublished
Cited by11 cases

This text of 181 S.W.3d 855 (State v. Oakley) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Oakley, 181 S.W.3d 855, 2005 Tex. App. LEXIS 10453, 2005 WL 3440809 (Tex. Ct. App. 2005).

Opinions

OPINION

BEA ANN SMITH, Justice.

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 wrongfiilly 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 December 19, 2001) (unpublished per curiam opinion); Ex parte Danziger, No. 74,244 (Tex.Crim.App. December 19, 2001) (unpublished per curiam opinion).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,1 then brought suit against Ochoa [858]*858for falsely implicating him in the murder. As part of a settlement agreement in that ease, Ochoa assigned his right to compensation under chapter 103 of the civil practices and remedies code to Oakley, as Dan-ziger’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.”2 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 counseling expenses. Id. § 103.105(a). Damages are capped at $500,000. Id. § 103.105(c). Once a finding is made that a person is entitled to compensation under this chapter, notice is given to the governor, lieutenant governor, and the appropriate committee chairs in the legislature so that the legislature may appropriate the funds to pay compensation. Id. § 103.152(a). Compensation is to be paid no later than September 1 of the year the appropriation is made. Id. § 103.152(b). Even if a person is otherwise entitled to compensation, payments under the statute terminate if the person is convicted of a felony or dies before receiving payment. Id. § 103.154.

Waiver of Sovereign Immunity

In its first issue, the State contends that there is no jurisdiction over Oakley’s claim for compensation because the waiver of sovereign immunity contained in chapter 103 does not extend to her suit. Focusing on the filing requirements in section 103.101(b), the State argues that the statute permits a suit only by a person who is “entitled to compensation.” See id. § 103.101(b). The State then concludes that Ochoa, not the assignee of his rights, is entitled to compensation as defined by the statute, and, accordingly, there is no waiver of sovereign immunity as to Oak[859]*859ley’s suit on behalf of Danziger. See id. § 103.001(a). We agree that the plain language of the statute requires a petition to be filed by a person “entitled to compensation” and that, technically, only Ochoa meets this definition for the purposes of this suit. Thus, the waiver of sovereign immunity may only extend to a suit brought on behalf of Danziger if the common-law notion that an assignee stands in the shoes of the assignor applies to the waiver of sovereign immunity under chapter 103. See Holy Cross Church of Christ v. Wolf, 44 S.W.3d 562, 573 (Tex.2001); Burns v. Bishop, 48 S.W.3d 459, 466 (Tex.App.-Houston [14th Dist.] 2001, no pet.) (axiomatic that assignee walks in shoes of assignor); see also Vermont Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765, 773, 120 S.Ct. 1858, 146 L.Ed.2d 836 (2000) (assignee of claim has standing to assert the injury in fact suffered by assignor). We must determine if this principle of assignment is consistent with the policies underlying chapter 103 and sovereign immunity.

Our supreme court has long held that “no State can be sued in her own courts without her consent, and then only in the manner indicated by that consent.” Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 694 (Tex.2003) (quoting Hosner v. De Young, 1 Tex. 764, 769 (1847)); see also Beers v. State, 61 U.S. (20 How.) 527, 529, 15 L.Ed. 991 (1857). Although the concept of sovereign immunity stems from the feudal fiction that “the King can do no wrong,” Texas has abandoned that fiction and acknowledged that the purpose of retaining a significant measure of immunity is to protect the public treasury. Wichita Falls State Hosp., 106 S.W.3d at 697. The code construction act confirms that the restrictions on the waiver of sovereign immunity are intended to “preserve the legislature’s interest in managing state fiscal matters through the appropriations process.” Tex. Gov’t Code Ann. § 311.034 (West 2005).

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State Ex Rel. Abbott v. Young
265 S.W.3d 697 (Court of Appeals of Texas, 2008)
State v. Oakley
227 S.W.3d 58 (Texas Supreme Court, 2007)
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State v. Oakley
181 S.W.3d 855 (Court of Appeals of Texas, 2005)

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Bluebook (online)
181 S.W.3d 855, 2005 Tex. App. LEXIS 10453, 2005 WL 3440809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oakley-texapp-2005.