Home

Team of Weil Attorneys Help Wrongfully Imprisoned Man Win Increased Compensation
Download PDF

A team of attorneys from international law firm Weil, Gotshal & Manges LLPA recently helped win increased compensation for an inmate who was wrongfully convicted of and imprisoned for a crime he did not commit. In granting a joint motion to dismiss, the Texas Supreme Court’s decision reflects an agreement reached late last month by the former inmate, Larry Charles Fuller, and the state, whereby Fuller will receive increased compensation for his wrongful imprisonment following a 2009 amendment to the Texas Wrongful Imprisonment Act.

Fuller had served nearly 20 years in prison of a sentence for an alleged rape before being exonerated by DNA evidence and receiving a full pardon from Texas Governor Rick Perry in 2007.

  
What
Where


Under the provisions of the Texas Wrongful Imprisonment Act, Fuller received a lump-sum payment of approximately $1 million as compensation for his wrongful conviction and imprisonment. When the Act was amended in 2009 to provide for additional compensation and an annuity, Fuller filed applications seeking the newly created annuity, as well as the difference between what the new legislation provided and what he previously received.

While the Texas State Comptroller granted Fuller’s request for the newly created annuity, amounting to just over $11,500, his request for an additional lump-sum payment was denied on the grounds that it was barred by his previous application for lump-sum compensation under the old version of the Act and was an impermissible request for retroactive adjustment of his prior application.

Weil represented Fuller throughout these proceedings, and argued that the Act placed no limits on the number of independent requests for compensation, only on the amount of time (three years from the date of a pardon) within which an application for compensation must be made, and that Fuller’s application was made well within the relevant time period. Weil continued negotiating with the Comptroller on Fuller’s behalf and filed additional papers seeking reconsideration, but the Comptroller again denied Fuller’s request.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Weil filed a mandamus petition in the Texas Supreme Court, by statute the only means of review, challenging the Comptroller’s decision to deny Fuller the additional lump sum payment as a violation of her ministerial duty under the Act to compensate exonerees who demonstrate actual innocence through a pardon, a criterion that the Comptroller does not dispute as to Fuller. The Texas Supreme Court had scheduled oral argument for December 2011 on the issue of whether the Act permits successive applications within the three-year statutory window.

In recent weeks, the State Comptroller, represented by the Texas Solicitor General’s office, agreed that the Comptroller could make full payment to Fuller. On November 18, 2011, the Texas Supreme Court granted Fuller’s and the Comptroller’s joint motion to dismiss the mandamus petition, and Fuller has now received an additional lump sum payment of more than $750,000, the full compensation to which he is entitled under the law.



Weil litigation partners Yolanda Garcia and Yvette Ostolaza, both in  the Dallas office, represented Fuller, pro bono. In addition, Appellate Litigation counsel Lisa Eskow, from the Houston office, and Litigation associates Daniel Klein, Cheves Ligon, Victoria Neave, Emmanuel Obi, Ricardo Pellafone and Mandisa Price, all from the Dallas office, worked on the case.

Weil, Gotshal & Manges is an international law firm headquartered in New York City, employing over 1,200 attorneys.



 

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Junior Commercial Litigation Attorney with products liability experience

USA-AZ-Phoenix

Phoenix office of our client seeks junior commercial litigation attorney with 1-3 years of experienc...

Apply Now

Employment Defense Attorney with 5+ years of litigation experience

USA-CA-Los Angeles

Los Angeles office of our client seeks employment defense attorney with 5+ years of litigation exper...

Apply Now

IP Patent Attorney with 2-5 years of computer engineering experience

USA-WI-Milwaukee

Milwaukee office of our client seeks intellectual property patent attorney with 2-5 years of experie...

Apply Now

Labor and Employment Attorney with 3-4 years of litigation experience

USA-CA-Los Angeles

Los Angeles office of our client seeks labor and employment attorney with 3-4 years of litigation ex...

Apply Now

RELEVANT JOBS

Litigation Attorney

USA-IL-Chicago

Litigation Attorney AV-rated, Loop defense firm of trial lawyers seeks associate attorney to join...

Apply now

Domestic Relations and Family Law Paralegal

USA-OH-Dayton

Kirkland & Sommers Co., LPA is currently seeking a paralegal that could assist and grow with our fir...

Apply now

Legal Secretary

USA-NJ-Hackensack

Hackensack law firm seeks a Legal Secretary (with a minimum of 3 years LEGAL experience) Candidate w...

Apply now

Legal Development Associate

USA-WI-Menomonee Falls

Seeking a talented and dedicated Real Estate Paralegal!   Continental Properties Company,...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top