In re Phillips
496 S.W.3d 769
| Tex. | 2016Background
- Steven Phillips was wrongfully convicted in 1982, spent over 25 years incarcerated, and was exonerated after DNA testing identified another perpetrator.
- Under the Tim Cole Act, Phillips is entitled to lump-sum wrongful-imprisonment compensation and compensation for unpaid child support and interest that accrued while imprisoned.
- Phillips and the Texas Comptroller agreed on the lump-sum incarceration amount (~$2,069,166.67); the dispute concerns the child-support/interest component.
- Phillips’s ex-wife, Cheryl Macumber, obtained a default Texas judgment in 2013 to register and enforce a 1978 Arkansas divorce decree awarding ~$304,861.74 in arrears and interest; Phillips did not appear or appeal.
- The Comptroller refused to adopt the Enforcement Judgment and instead calculated $25,125.69, applying (a) a 10% simple interest rate, (b) 10% rate from 1988 (but court holds 10% applies from 1982), (c) interest accrual continuing past incarceration (court rejects cut-off in 1999), and (d) excluding some interest on pre-incarceration arrears (court rejects that exclusion).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Comptroller must defer to a court judgment determining child-support arrearages when calculating compensation under the Tim Cole Act | Phillips: Comptroller must be bound by the Enforcement Judgment amount for arrearages/interest | Comptroller: Statute gives exclusive authority to Comptroller to determine compensation; not bound by private enforcement judgments | Comptroller’s authority to determine compensation is exclusive; not bound by Enforcement Judgment |
| Nature of Comptroller’s duty (ministerial vs. discretionary) | Phillips: Comptroller has a ministerial duty to calculate compensation according to law, so mandamus review available | Comptroller: Applying out-of-state law requires discernment; thus, discretion exists | Duty is ministerial (legal interpretation and arithmetic); mandamus review is appropriate |
| Proper rate and method of interest under Arkansas law for child-support arrearages | Phillips: Interest accrues at 10% per annum and compounds | Comptroller: Pre-1988 default interest rate was 6%; interest should be simple, may stop earlier | Arkansas law requires 10% per annum; interest is simple (not compound) |
| Scope/timing of interest compensable under the Act (pre-incarceration arrearages and post-incarceration accrual) | Phillips: Compensation includes interest that accrued during incarceration even on pre-incarceration principal; interest continues until paid (no Texas statute of limitations) | Comptroller: Interest should stop in 1999 (five years after child turned 18) and excludes interest on pre-incarceration arrears that didn’t accrue during imprisonment | Comptroller erred by stopping interest in 1999; interest did accrue during incarceration on pre-incarceration arrears and must be included; post-incarceration interest beyond accrual during imprisonment not compensable |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecution’s suppression of material evidence violates due process)
- Stoner v. Thompson, 578 S.W.2d 679 (Tex. 1979) (default judgment admissions and requirements)
- Paradigm Oil, Inc. v. Retamco Operating, Inc., 372 S.W.3d 177 (Tex. 2012) (default-judgment damages may require trial if unliquidated)
- In re Smith, 333 S.W.3d 582 (Tex. 2011) (Comptroller’s duty under the Tim Cole Act is ministerial and subject to mandamus)
- Anderson v. City of Seven Points, 806 S.W.2d 791 (Tex. 1991) (definition and scope of ministerial duty for mandamus relief)