A Texas appeals court has thrown out a five-year prison sentence for Crystal Mason, a Texas woman who was sentenced for trying to cast a provisional ballot in the 2016 presidential election that was rejected.
Mason, now 49, attempted to vote in Fort Worth in the 2016 even though she was ineligible because she was still on supervised release – which is like probation – for a tax felony. She has always maintained she had no idea she was ineligible and only tried to cast a ballot because her mother urged her to.
A judge convicted her in a 2018 trial that lasted just a few hours.
Yes, she can sue. By law the most she can recover is slightly under $40,000, minus legal fees.
And here I thought everything was bigger in Texas.
It is!
AFAICT, Texas has relatively generous laws for recovery of damages after wrongful imprisonment. In addition to the payout ($80K/yr, prorated), you get an annuity. In some cases you can even get free tuition at a state university. Whereas in most states, you can’t sue at all.
$40,000 is not generous.
Hence my emphasis on “relatively”. That would be $25K in Michigan, and $0 in most states.
So technically, it is bigger in Texas.
That is simply false.
https://www.mlive.com/news/jackson/2024/01/michigan-man-awarded-17m-from-state-after-spending-36-years-in-prison-for-crime-he-didnt-commit.html
The law is described incorrectly. They wrote (my emphasis):
But when you click on the link you find:
So by Michigan law he was entitled to $50K/yr, which is less than provided by Texas law ($80K/yr + other benefits).
And of course $50K/yr over 36 years is roughly the $1.75 million he received. If it were actually per day, he would have gotten over $600 million.
Originally you said:
So which is it?
She was incarcerated for a few months, not an entire year. The $80K/yr is prorated, so most likely she can get something under $40K.