Mississippi Code
Miss. Code Ann. § 11-44-3 (2026)
Prerequisite for claim for compensation
✓ current as of July 2026
- (1) In order to present an actionable claim for wrongful conviction and imprisonment under this chapter, a claimant must establish by documentary evidence that:
- (a) The claimant has been convicted of one or more felonies and subsequently sentenced to a term of imprisonment and has served all or any part of the sentence;
- (b) On grounds not inconsistent with innocence:
- (i) The claimant was pardoned for the felony or felonies for which sentenced and which are the grounds for the complaint and the pardon is based on the innocence of the claimant which must be affirmatively stated in the pardon; or
- (ii) The judgment of conviction was vacated and/or reversed;
- (c) If there was a vacatur or reversal, either the accusatory instrument was dismissed or nol prossed; or if a new trial was held, the defendant was found not guilty;
- (d) The claimant's claim is not time-barred by the provisions of this chapter; and
- (e) The claimant did not intentionally waive any appellate or post-conviction remedy otherwise available in order to benefit under this chapter.
- (2) The claim shall be verified by the claimant.
- (3) If the court finds after reading the claim that the claimant has not demonstrated the foregoing, it shall dismiss the claim, either on its own motion or on the state's motion. This dismissal shall be without prejudice to allow adequate refiling within ninety (90) days.
Laws, 2009, ch. 472, § 2, eff. 7/1/2009.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 2012–2024 · leading case: Jason Hall v. State of Mississippi, 187 So. 3d 133 (Miss. 2016).
Jason Hall v. State of Mississippi, 187 So. 3d 133 (Miss. 2016). “Whether the trial court erred by holding Hall’s complaint and amended complaint to the heightened requirements of Mississippi Code Section 11-44-7 before analyzing whether Hall *136 met the requirement of Mississippi Code Section 11-44-3. ¶ 11. Hall argues that the trial court…”
Jefferson v. State, 95 So. 3d 709 (Miss. Ct. App. 2012). “Mississippi Code Annotated section 11-44-3 (Supp.2011) sets forth what a claimant must establish in order to survive dismissal by the circuit court.”
Tipton v. State, 150 So. 3d 82 (Miss. 2014). “Miss. Code Ann. § 11-44-3 (Rev. 2012). To be awarded compensation, Tipton must prove, by a preponderance of the evidence: (1) that he was convicted of one or more felonies and sentenced to a period of imprisonment which he has served in full or in part; (2) and that his judgment…”
Moore v. State, 203 So. 3d 775 (Miss. Ct. App. 2016). “Our focus is Mississippi Code Annotated section 11-44-3 (Rev. 2012), which provides, in relevant part, that in order to state an “actionable claim” for a wrongful conviction, and thereby survive summary dismissal: (1) .”
Howard Payton v. State of Mississippi, 266 So. 3d 630 (Miss. 2019). “In 2009, the Legislature passed the Compensation to Victims of Wrongful Conviction and Imprisonment Statute, recognizing and providing compensation for wrongfully incarcerated persons.”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013). “2013); Miss.Code Ann. § 11-44-3(1)(c) (West 2013); Neb.”
Jason Hall v. State of Mississippi (Miss. 2016). “And the Attorney General’s Office filed a motion to dismiss pursuant to Rule 12(b)(6) of the Mississippi Rules of Civil Procedure, on the ground that Hall had failed to meet the prerequisites of Section 11-44-3, specifically Section 11-44-3(1)(c).”
Sedric Q. Sutton a/k/a Sedric Sutton a/k/a Cedric Quintorus Sutton v. State of Mississippi (Miss. 2022). “Miss. Code Ann. § 11-44-3 (1) (Rev. 2019).”
Crump v. Mississippi Attorney Gen. (N.D. Miss. 2024). “§ 1983 – and under Mississippi’s Wrongful Conviction statute, Miss. Code Ann. § 11-44-3 . However, in addition to money damages, he has requested the “disqualification [of his] conviction and sentence.”
Patrick Higgins v. State of Mississippi, 202 So. 3d 1274 (Miss. Ct. App. 2016). “The prerequisites for a claim of wrongful conviction and imprisonment under section 11-44-1 are set out in Mississippi Code Annotated section 11-44-3 (Rev.2012). 5 In addition, we note: *1280 If a claimant establishes a claim under section 11-44-3, he must then meet the burden…”
Frank Sanders Tipton v. State of Mississippi (Miss. 2013). “Miss. Code Ann. § 11-44-3 (Rev. 2012) (emphasis added).”
Mississippi Dep't of Pub. Saf. v. Justin Herrington (Miss. 2020). “though Herrington argues that “[t]here is a significant difference between an incarcerated offender and an offender who is no longer incarcerated but is still under correctional supervision,” this Court recently held that an offender under intensive supervision, or house arrest,…”
— Miss. Code Ann. § 11-44-3(1) — 3 cases
Jefferson v. State, 95 So. 3d 709 (Miss. Ct. App. 2012). “Mississippi Code Annotated section 11-44-3 (Supp.2011) sets forth what a claimant must establish in order to survive dismissal by the circuit court.”
Jason Hall v. State of Mississippi, 187 So. 3d 133 (Miss. 2016). “Whether the trial court erred by holding Hall’s complaint and amended complaint to the heightened requirements of Mississippi Code Section 11-44-7 before analyzing whether Hall *136 met the requirement of Mississippi Code Section 11-44-3. ¶ 11. Hall argues that the trial court…”
Jason Hall v. State of Mississippi (Miss. 2016). “And the Attorney General’s Office filed a motion to dismiss pursuant to Rule 12(b)(6) of the Mississippi Rules of Civil Procedure, on the ground that Hall had failed to meet the prerequisites of Section 11-44-3, specifically Section 11-44-3(1)(c).”
— Miss. Code Ann. § 11-44-3(1)(a) — 1 case
Moore v. State, 203 So. 3d 775 (Miss. Ct. App. 2016). “Our focus is Mississippi Code Annotated section 11-44-3 (Rev. 2012), which provides, in relevant part, that in order to state an “actionable claim” for a wrongful conviction, and thereby survive summary dismissal: (1) .”
— Miss. Code Ann. § 11-44-3(1)(b) — 2 cases
Howard Payton v. State of Mississippi, 266 So. 3d 630 (Miss. 2019). “In 2009, the Legislature passed the Compensation to Victims of Wrongful Conviction and Imprisonment Statute, recognizing and providing compensation for wrongfully incarcerated persons.”
Sedric Q. Sutton a/k/a Sedric Sutton a/k/a Cedric Quintorus Sutton v. State of Mississippi (Miss. 2022). “Miss. Code Ann. § 11-44-3 (1) (Rev. 2019).”
— Miss. Code Ann. § 11-44-3(1)(b)(ii) — 1 case
Jason Hall v. State of Mississippi (Miss. 2016). “And the Attorney General’s Office filed a motion to dismiss pursuant to Rule 12(b)(6) of the Mississippi Rules of Civil Procedure, on the ground that Hall had failed to meet the prerequisites of Section 11-44-3, specifically Section 11-44-3(1)(c).”
— Miss. Code Ann. § 11-44-3(1)(c) — 2 cases
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013). “2013); Miss.Code Ann. § 11-44-3(1)(c) (West 2013); Neb.”
Jason Hall v. State of Mississippi (Miss. 2016). “And the Attorney General’s Office filed a motion to dismiss pursuant to Rule 12(b)(6) of the Mississippi Rules of Civil Procedure, on the ground that Hall had failed to meet the prerequisites of Section 11-44-3, specifically Section 11-44-3(1)(c).”
— Miss. Code Ann. § 11-44-3(2) — 1 case
Jefferson v. State, 95 So. 3d 709 (Miss. Ct. App. 2012). “Mississippi Code Annotated section 11-44-3 (Supp.2011) sets forth what a claimant must establish in order to survive dismissal by the circuit court.”
— Miss. Code Ann. § 11-44-3(3) — 1 case
Jefferson v. State, 95 So. 3d 709 (Miss. Ct. App. 2012). “Mississippi Code Annotated section 11-44-3 (Supp.2011) sets forth what a claimant must establish in order to survive dismissal by the circuit court.”
— Miss. Code Ann. § 11-44-3(l)(b) — 1 case
Moore v. State, 203 So. 3d 775 (Miss. Ct. App. 2016). “Our focus is Mississippi Code Annotated section 11-44-3 (Rev. 2012), which provides, in relevant part, that in order to state an “actionable claim” for a wrongful conviction, and thereby survive summary dismissal: (1) .”
— Miss. Code Ann. § 11-44-3(l)(b)(ii) — 2 cases
Jason Hall v. State of Mississippi, 187 So. 3d 133 (Miss. 2016). “Whether the trial court erred by holding Hall’s complaint and amended complaint to the heightened requirements of Mississippi Code Section 11-44-7 before analyzing whether Hall *136 met the requirement of Mississippi Code Section 11-44-3. ¶ 11. Hall argues that the trial court…”
Moore v. State, 203 So. 3d 775 (Miss. Ct. App. 2016). “Our focus is Mississippi Code Annotated section 11-44-3 (Rev. 2012), which provides, in relevant part, that in order to state an “actionable claim” for a wrongful conviction, and thereby survive summary dismissal: (1) .”
— Miss. Code Ann. § 11-44-3(l)(c) — 1 case
Jason Hall v. State of Mississippi, 187 So. 3d 133 (Miss. 2016). “Whether the trial court erred by holding Hall’s complaint and amended complaint to the heightened requirements of Mississippi Code Section 11-44-7 before analyzing whether Hall *136 met the requirement of Mississippi Code Section 11-44-3. ¶ 11. Hall argues that the trial court…”
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