In re Blair

The Time Cole Act (Act) entitles a person who has been wrongfully imprisoned to compensation from the State. Payments terminate, however, if, after the date the person becomes eligible for compensation, the person is convicted of a crime punishable as a felony. Michael Blair had a lengthy criminal record. Blair was first convicted in 1988. In 1993, Blair was convicted of murder and sentenced to death. In 2004, Blair pleaded guilty to four indictments of indecency with a child, for which he was given three consecutive life sentences. In 2008, the court of criminal appeals set aside Blair's murder conviction based on DNA evidence, and the State dismissed the charge. Defendant subsequently applied for compensation for having been wrongfully incarcerated from 1993 to 2004. The Comptroller denied compensation. The Supreme Court concluded that the Comptroller correctly denied Blair's claim for compensation, holding that the Act does not require payments to a felon who remains incarcerated for a conviction that occurred before he became eligible for compensation. View "In re Blair" on Justia Law