GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2023

Status

Accepted

Abstract

Michigan’s state compensation statute took effect in 2017. It has been in effect long enough to allow pre-statute exonerees to file and resolve state claims. But, the statute is not so old such that prior processes for resolving claims skew the statistics. There was, however, initial uncertainty over the proper statute of limitations by which a claim must be filed in the Michigan Court of Claims. The Court of Claims’ interpretation led to the dismissal of about ten claims. Those were appealed to the Michigan Court of Appeals. Meanwhile, the legislature amended the statute retroactively to impose a more generous statute of limitations. This glitch certainly lengthened the time it took to resolve some state compensation claims.

GW Paper Series

2023-20

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