Kansas Supreme Court says only truly innocent deserve compensation for wrongful convictions
TOPEKA – (August 14, 2024) –The Kansas Attorney General’s Office argued for years that only the truly innocent deserve compensation from the state for wrongful convictions. The Kansas Supreme Court has resoundingly agreed, Attorney General Kris Kobach announced today.
The Supreme Court issued its decision in In re Doelz on Aug. 9, holding that a plaintiff seeking compensation from the state had to prove he was actually innocent of the charges and that his innocence resulted in reversal or vacation of the conviction, dismissal of charges, or a finding of not guilty on retrial.
“…The state’s legislative history makes clear that the overarching intent of the statute is to provide redress for individuals who are actually innocent,” Justice Caleb Stegall wrote in the Supreme Court’s majority opinion.
“It’s gratifying to see the Supreme Court confirm the argument we’ve been making for years: only the truly innocent deserve compensation for a wrongful conviction,” said First Assistant Attorney General Shon Qualseth, who handled the Doelz matter in the trial court. “This clarification will save taxpayers thousands of dollars.”
Dwight Carswell, Deputy Solicitor General, handled the case in the appellate courts.