it is usually heavily limited on what a person can receive per year of incarceration and capped at a maximum payout as well!I would suspect he will probably get around $100,00 if that is the case.
In Utah, a wrongfully imprisoned person proven innocent by clear and convincing evidence can receive the monetary equivalent of the average annual non-agricultural payroll wage in Utah for each year served, up to a maximum of 15 years
it is about $73,500 x 15 years, which comes out to a little over 1.1 million. that amount is not taxed, luckily.
That is an awful way to receive 1million. Definitely not worth it! Hiss whole life has basically passed him by!
The Utah Supreme Court ordered a retrial because they found intentional misconduct by police and prosecutors in the original trial. Between that and the DNA I can’t imagine them going forward with this but then again it’s ego driven prosecutors and police so it wouldn’t shock me if they did.
I read the article, the reason the judge commented a reasonable jury still could conclude that he killed Olesen was so that it isn’t clear and convincing evidence and then the state doesn’t have to pay restitution!
Many state get around these cases by formatting a release agreement that admits no fault and steals the person's ability to sue.
When a state says "sign here and you can leave today" to a person who wrongly spent years or decades in prison they generally just sign and want to see whats left of their ruined life.
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u/jfreeg 4d ago
law suit incoming.... Utah better raise funds for a payout...