Author Topic: "Lol, oopsie-daisy!"  (Read 1233 times)

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Offline rumborak

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"Lol, oopsie-daisy!"
« on: September 30, 2012, 09:30:34 AM »
https://www.foxnews.com/us/2012/09/29/louisiana-death-row-inmate-looking-forward-to-life-as-free-man-after-dna-proves/

Niiiice. They interrogate the guy for 9 hours after which he "confesses" to the murder in his distress. Gets put on death row, and after 15 years DNA testing shows it wasn't him.
Don't hold your breath on Louisiana caring about this incident.
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Offline Adami

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Re: "Lol, oopsie-daisy!"
« Reply #1 on: September 30, 2012, 09:32:54 AM »
If he's smart he'll write a tell-all novel and make quite a good living off of it.



Curious though, I know there have been multiple cases like this..........are these people given any kind of compensation? Or are they just sent out into the world with nothing?
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Offline rumborak

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Re: "Lol, oopsie-daisy!"
« Reply #2 on: September 30, 2012, 09:34:23 AM »
I have wondered the same. I mean, LA can be held accountable for this, right? Ruining 15 years of a person's life should equate to a good chunk of money IMHO.

EDIT: Nope you get jack shit:

https://www.innocenceproject.org/Content/US_Supreme_Court_Rejects_Compensation_for_Former_Death_Row_Inmate.php
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Offline Adami

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Re: "Lol, oopsie-daisy!"
« Reply #3 on: September 30, 2012, 09:35:11 AM »
Or at the very least a life time supply of propane.
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Offline ResultsMayVary

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Re: "Lol, oopsie-daisy!"
« Reply #4 on: September 30, 2012, 10:01:18 AM »
I have wondered the same. I mean, LA can be held accountable for this, right? Ruining 15 years of a person's life should equate to a good chunk of money IMHO.

EDIT: Nope you get jack shit:

https://www.innocenceproject.org/Content/US_Supreme_Court_Rejects_Compensation_for_Former_Death_Row_Inmate.php
That is ridiculous.  :facepalm:
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Online El Barto

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Re: "Lol, oopsie-daisy!"
« Reply #5 on: September 30, 2012, 10:06:58 AM »
Compensation depends on the state.  Plenty will take pretty good care of you and plenty will tell you to GTFO.  Texas is actually near the top, usually ponying up about 50k per year served and some college or vocational tuition.

There was an interesting case down here recently where a guy was exonerated, received a 4 million dollar check from The Man, and was then promptly sued by his ex-wife for a big chunk of it.  It seems that the amount you earn is considered to be awarded by year, so the amount he earned before their divorce was considered community property. 
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Offline Adami

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Re: "Lol, oopsie-daisy!"
« Reply #6 on: September 30, 2012, 07:21:50 PM »
Compensation depends on the state.  Plenty will take pretty good care of you and plenty will tell you to GTFO.  Texas is actually near the top, usually ponying up about 50k per year served and some college or vocational tuition.

There was an interesting case down here recently where a guy was exonerated, received a 4 million dollar check from The Man, and was then promptly sued by his ex-wife for a big chunk of it. 

Do you have to fight for it? Or do they just give it you?
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Offline Cedar redaC

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Re: "Lol, oopsie-daisy!"
« Reply #7 on: September 30, 2012, 09:46:22 PM »
Compensation depends on the state.  Plenty will take pretty good care of you and plenty will tell you to GTFO.  Texas is actually near the top, usually ponying up about 50k per year served and some college or vocational tuition.

There was an interesting case down here recently where a guy was exonerated, received a 4 million dollar check from The Man, and was then promptly sued by his ex-wife for a big chunk of it. 

Do you have to fight for it? Or do they just give it you?

Considering that they've already exonerated him, there shouldn't be too much of a problem I would think.
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Offline Adami

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Re: "Lol, oopsie-daisy!"
« Reply #8 on: September 30, 2012, 09:49:20 PM »
Compensation depends on the state.  Plenty will take pretty good care of you and plenty will tell you to GTFO.  Texas is actually near the top, usually ponying up about 50k per year served and some college or vocational tuition.

There was an interesting case down here recently where a guy was exonerated, received a 4 million dollar check from The Man, and was then promptly sued by his ex-wife for a big chunk of it. 

Do you have to fight for it? Or do they just give it you?


Considering that they've already exonerated him, there shouldn't be too much of a problem I would think.

I'd imagine not. What I meant was, do they just automatically do it? Or if he doesn't hire a lawyer to ask for it, do they just not bring it up and hope he doesn't either?
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Offline Cedar redaC

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Re: "Lol, oopsie-daisy!"
« Reply #9 on: September 30, 2012, 09:54:03 PM »
Do you have to fight for it? Or do they just give it you?


Considering that they've already exonerated him, there shouldn't be too much of a problem I would think.

I'd imagine not. What I meant was, do they just automatically do it? Or if he doesn't hire a lawyer to ask for it, do they just not bring it up and hope he doesn't either?

Hmm, good point. I imagine that they would do it automatically. If they didn't, I don't see why he couldn't just go to the local courthouse and demand it. I don't think he would need a lawyer in this case.
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Online El Barto

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Re: "Lol, oopsie-daisy!"
« Reply #10 on: September 30, 2012, 10:35:35 PM »
In Texas it's a result of the Timothy Cole Compensation Act.  Compensation is mandated by law, so there's no fighting for it.

Quote
The Tim Cole Act provides $80,000 for each year of wrongful incarceration and adds free college tuition, plus financial and personal counseling. Unlike past lump-sum payments, the new compensation will be paid out in a mix of monthly payments, with an upfront lump sum and an annuity that can be passed on through a recipient's estate. The new law also sets up an investigative panel, the Tim Cole Advisory Panel on Wrongful Convictions.

Another legislator is working on a bill to exempt those compensations from taxation. 
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Offline kirksnosehair

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Re: "Lol, oopsie-daisy!"
« Reply #11 on: October 01, 2012, 09:19:06 AM »
There is similar legislation here in MA and for some reason the figure of $100 per day of wrongful incarceration is what I seem to recall.  It does vary greatly from state to state.




Online Chino

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Re: "Lol, oopsie-daisy!"
« Reply #12 on: October 02, 2012, 10:00:46 PM »
Do you get taxed on the money you receive as compensation? If so, that's a load of bullshit.

Offline rumborak

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Re: "Lol, oopsie-daisy!"
« Reply #13 on: October 02, 2012, 10:11:25 PM »
Well, whether it gets taxed or not is rather irrelevant, as long as the remaining money is adequate, right?
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Offline Adami

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Re: "Lol, oopsie-daisy!"
« Reply #14 on: October 02, 2012, 10:12:45 PM »
Well, whether it gets taxed or not is rather irrelevant, as long as the remaining money is adequate, right?

Well in principle it's pretty awful.


You spent 15 years in prison for no reason? Well we (the government) need a huge portion of that money you're getting for it.
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Offline kirksnosehair

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Re: "Lol, oopsie-daisy!"
« Reply #15 on: October 03, 2012, 06:38:11 AM »
I agree that the concept of taxation under those circumstances is repugnant - I don't know if it's taxed or not here in my state.

Online Chino

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Re: "Lol, oopsie-daisy!"
« Reply #16 on: October 03, 2012, 07:51:25 AM »
Well, whether it gets taxed or not is rather irrelevant, as long as the remaining money is adequate, right?

I don't think so. Why should the government make any money off of their screw up? It's like they make you pay for your prison fees even though you weren't suppose to be there in the first place.

Offline rumborak

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Re: "Lol, oopsie-daisy!"
« Reply #17 on: October 03, 2012, 08:04:14 AM »
All I'm saying is

"Here's $200"

and

"Here's 50% of $400"

is the same thing, only that the latter is more of a tease.
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Online El Barto

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Re: "Lol, oopsie-daisy!"
« Reply #18 on: October 03, 2012, 08:27:09 AM »
I know that Texas senators were looking to pass a bill that would exempt compensation dough from taxes.  I'm not sure what taxes they were talking about, though.  Texas doesn't have income tax, and they have no juice to effect federal taxes.

Regardless, the IRS would view it as income you would have been making under other circumstances anyway (and in most cases, probably much more).  I see their point.  It's also why that judge gave the poor man's ex-wife a share of his.  It was joint income for the time they were married.
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