Q: I was convicted of a felony after the courts had already declared it unconstitutional. Am I entitled to compensation?
I was convicted under Texas Penal Code 33.021(b) in 2015, after it was declared unconstitutional in October 2013. I have already sought relief, and the DA has conceded the writ. I will be exonerated. We're waiting on the Court of Criminal Appeals to do their thing. My lawyer wants to pursue a Wrongful Conviction Compensation application. Should I pursue this? Or am I grasping at straws?
A: Your lawyer is in a better position to evaluate that since he or she knows all of the details of your case.
A: Nobody is in a better position to answer this question than your lawyer... although I understand your second-guessing the attorney if it is the same lawyer that failed to raise this issue back in 2015.
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