LC 60 0127S
WITHDRAWN
The House Committee on Rules offers the following substitute to HR 128:
A RESOLUTION
Compensating individuals who have been exonerated following a wrongful conviction and1
incarceration; and for other purposes.2
PART I3
Compensating Mr. Joseph Samuel Watkins4
WHEREAS, on the evening of January 11, 2000, while driving north on Highway 27 toward5
Rome, Georgia, a man saw a small blue car driving erratically in front of him and interacting6
aggressively with a truck, and shortly thereafter the man observed a flash and saw the truck7
veer over the median and opposite lanes and then crash; and8
WHEREAS, 20-year-old Mr. Isaac Dawkins was driving north in his truck on Highway 279
when he was shot in the head, causing Mr. Dawkins to crash his truck and later die from the10
injuries he suffered; and11
WHEREAS, on the same evening of January 11, 2000, 18-year-old Mr. Joseph Samuel12
Watkins drove his white truck south from his home in Rome to the home of his girlfriend in13
Cedartown, making several calls on his cell phone and passing the scene of Mr. Dawkins's14
crash on the way; and15
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WHEREAS, Mr. Watkins's cell phone records and testimonial evidence regarding a shot dog16
were introduced at trial; and17
WHEREAS, the prosecution and defense presented cell phone experts who agreed that there18
was no possibility that Mr. Watkins's cellphone was located at or near the scene at the time19
the shooter's blue car would have been located at the scene; and20
WHEREAS, on July 2, 2001, a Floyd County jury convicted Mr. Watkins for the murder of21
Mr. Dawkins; and22
WHEREAS, Mr. Watkins's co-defendant, who was the alleged shooter, was acquitted by a23
different jury; and24
WHEREAS, Mr. Watkins continued to maintain his innocence and pursued appeals and other25
post-conviction relief; and26
WHEREAS, years later, the podcast Undisclosed and the Georgia Innocence Project learned27
that during jury deliberations at Mr. Watkins's trial, one of the jurors had improperly28
conducted her own "drive test" related to the cell phone records, causing her to erroneously29
determine that Mr. Watkins could have been present at the crime scene, a determination30
which she then shared with other jurors; and31
WHEREAS, the Georgia Innocence Project discovered that although more than 15 years had32
passed, a former medical examiner for GBI had retained a personal autopsy log from the33
timeframe that he worked at the GBI, which included a previously unknown case number;34
and35
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WHEREAS, the new case number assisted GBI in providing documents that established that36
the bullet taken from the shot dog was of another caliber than the bullet used to shoot Mr.37
Dawkins; and38
WHEREAS, after discovering the evidence of the unauthorized juror drive test and the bullet,39
Mr. Watkins filed a second petition for habeas corpus; and40
WHEREAS, following a three-day evidentiary hearing in February and March, 2022, the41
state habeas court granted the habeas corpus petition, overturning Mr. Watkins's convictions,42
and granting him a new trial; and43
WHEREAS, in a unanimous decision on December 20, 2022, the Supreme Court of Georgia44
affirmed the state habeas court's grant of relief to Mr. Watkins, holding that the habeas court45
did not err by concluding that Mr. Watkins showed that the juror's improper drive test during46
deliberations, conducted to see whether Mr. Watkins could have been physically present at47
the time and place Isaac Dawkins was shot, caused Mr. Watkins actual prejudice; and48
WHEREAS, on January 3, 2023, Mr. Watkins was granted bond and released, but the49
charges against him remained pending and the State could have sought to retry him; and50
WHEREAS, on September 21, 2023, based on a review of all of the available evidence,51
including the evidence presented at trial and new investigations, the State moved for entry52
of an order of nolle prosequi, which the Superior Court of Floyd County granted, thereby53
dismissing all the charges and officially exonerating Mr. Watkins; and54
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages55
suffered by Mr. Watkins occurred through no fault or negligence on his part, and it is only56
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fitting and proper that he be compensated for his losses for each year of wrongful57
imprisonment; and58
WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for59
compensating innocent individuals who have been exonerated following wrongful conviction60
and incarceration; and61
WHEREAS, this lack of a statutory regime for compensation requires introduction of a62
resolution to secure such compensation in Georgia.63
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF64
GEORGIA that the Department of Administrative Services is authorized and directed to pay65
the sum of $1,688,527.40 to Mr. Joseph Samuel Watkins as compensation as provided above. 66
Said sum shall be paid from funds appropriated to or available to the Department of67
Administrative Services and shall be in full and complete satisfaction of all claims against68
the state arising out of or related to any and all facts in connection with Mr. Watkins's69
wrongful conviction and incarceration and shall be paid subject to the provisions of this70
resolution.71
BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Watkins72
shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge73
any and all claims, demands, actions, causes of action, and damages, of every kind and nature74
whatsoever, past, present, or future, whether known or unknown, specifically including, but75
not limited to, all claims asserted or which could have been asserted, on behalf of himself and76
his heirs, successors, and assigns, forever releasing the state and all offices, authorities,77
agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,78
commissions, boards, branches, and entities of the State of Georgia or any political79
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subdivisions thereof, and any and all current and former members, officers, employees, and80
agents of the state, or any branch or political subdivisions thereof, from all past, present, or81
future claims that Mr. Watkins or his heirs, successors, and assigns may have against such82
individuals or entities in any capacity arising out of or related to any and all facts in83
connection with his wrongful conviction and incarceration.84
BE IT FURTHER RESOLVED that Mr. Watkins shall not be authorized to receive85
compensation pursuant to this resolution if he has a lawsuit pending against the state or any86
offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,87
institutions, commissions, boards, branches, or entities of the State of Georgia or any88
political subdivisions thereof, or against any current and former members, officers,89
employees, or agents of the state or any branch or political subdivisions thereof in state or90
federal court requesting compensation arising out of or related to any and all facts in91
connection to his wrongful conviction and incarceration.92
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal93
monthly installments over a ten-year period of time beginning one year after an initial lump94
sum payment of $535,000.00. The remainder of said sum shall be paid immediately into a95
commercial annuity account bearing interest at the prevailing market rate, payable in equal96
monthly installments over a ten-year period of time beginning in 2026 with interest payable97
to Mr. Watkins. Compensation paid pursuant to this resolution is intended to provide the98
sole, final, and exclusive compensation by the state and any and all offices, authorities,99
agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,100
commissions, boards, branches, and entities of the state, and any political subdivisions101
thereof, and any and all current and former members, officers, employees, or agents of the102
State of Georgia or any branches or political subdivisions thereof, for any and all present and103
future claims arising out of or related to any and all facts in connection with Mr. Watkins's104
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wrongful conviction and incarceration. No estate of or personal representative for Mr.105
Watkins shall be entitled to requisition or otherwise seek compensation on behalf of Mr.106
Watkins. Upon the death of Mr. Watkins, all payments and all obligations of the State of107
Georgia with respect to any and all future payments with respect to the annuity shall continue108
to be made to his estate or heirs.109
BE IT FURTHER RESOLVED that any amount received by Mr. Watkins pursuant to this110
resolution shall be excluded from his taxable net income for state income tax purposes.111
PART II112
Compensating Mr. Daryl Lee Clark113
WHEREAS, on October 18, 1996, fifteen-year-old Mr. Brian Bowling tragically lost his life114
while playing "Russian Roulette" with his friend, seventeen-year-old Mr. Cain Joshua Storey,115
in the bedroom of Mr. Brian Bowling's home in Floyd County, Georgia; and116
WHEREAS, several months later, seventeen-year-old Mr. Daryl Lee Clark, an acquaintance117
of Mr. Brian Bowling, was arrested, and both he and Mr. Storey were charged with the118
murder and conspiracy to commit the murder of Mr. Bowling; and119
WHEREAS, one of the State's two key witnesses was Ms. Angela Bruce, who claimed that120
during a party at her home after Mr. Bowling's death, she heard Mr. Storey say he had shot121
and killed Mr. Bowling, and heard Mr. Clark say he was present at the time of the shooting;122
and123
WHEREAS, the second of the State's two key witnesses was Mr. Charlie Childers, a124
functionally illiterate and severely hearing and speech impaired man with limited and unique125
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sign language skills, who testified that he had seen a person named "Daryl" flee from Mr.126
Bowling's yard immediately after the shooting and identified Mr. Clark in a police photo127
lineup; and128
WHEREAS, on January 19, 1998, Mr. Clark and Mr. Storey were both convicted of murder129
and conspiracy to commit murder and sentenced to life imprisonment; and130
WHEREAS, in late 2021, Ms. Bruce admitted for the first time to reporters and the Georgia131
Innocence Project that her incriminating testimony concerning Mr. Clark's and Mr. Storey's132
admissions was false; and133
WHEREAS, the independent investigation further established for the first time that Mr.134
Childers's translator at Mr. Clark's trial later questioned the accuracy of her own translation135
of Mr. Childers's testimony, and regretted providing the translation at trial, because Mr.136
Childers's manner of communication was not standard American Sign Language ("ASL"),137
but instead a communication method unique to Mr. Childers and his former teacher (an ASL138
expert who knew and understood Mr. Childers's unique communication method, having139
worked with him from the time he has been a child); and140
WHEREAS, through interpretation by a new translator (his former teacher) in 2021, Mr.141
Childers indicated that testimony given by him over 20 years earlier had not been accurately142
interpreted to the jury; and143
WHEREAS, on September 16, 2022, Georgia Innocence Project lawyers filed an144
Extraordinary Motion for New Trial (EMNT) and a petition for a writ of habeas corpus; and145
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WHEREAS, on December 8, 2022, Mr. Clark's convictions were overturned and vacated by146
the Superior Court of Floyd County; and147
WHEREAS, on that same date, the District Attorney's Office for the Rome Judicial Circuit148
sought, and a Floyd County Superior Court Judge granted, dismissal of all charges against149
Mr. Clark based upon evidentiary considerations; and150
WHEREAS, after more than twenty-five years of wrongful imprisonment by the State of151
Georgia, Mr. Clark was finally exonerated and freed from his incarceration on December 8,152
2022; and153
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages154
suffered by Mr. Clark occurred through no fault or negligence on his part, and it is only155
fitting, just, and proper that he be compensated for his losses for each year of wrongful156
imprisonment; and157
WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for158
compensating innocent individuals who have been exonerated following wrongful conviction159
and incarceration; and160
WHEREAS, this lack of a statutory regime for compensation requires introduction of a161
resolution to secure such compensation in Georgia.162
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF163
GEORGIA that the Department of Administrative Services is authorized and directed to pay164
the sum of $1,917,128.00 to Mr. Daryl Lee Clark as compensation as provided above. Said165
sum shall be paid from funds appropriated to or available to the Department of166
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Administrative Services and shall be in full and complete satisfaction of all claims against167
the state arising out of or related to any and all facts in connection with Mr. Clark's wrongful168
conviction and incarceration and shall be paid subject to the provisions of this resolution.169
BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Clark170
shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge171
any and all claims, demands, actions, causes of action, and damages, of every kind and nature172
whatsoever, past, present, or future, whether known or unknown, specifically including, but173
not limited to, all claims asserted or which could have been asserted, on behalf of himself and174
his heirs, successors, and assigns, forever releasing the state and all offices, authorities,175
agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,176
commissions, boards, branches, and entities of the State of Georgia or any political177
subdivisions thereof, and any and all current and former members, officers, employees, and178
agents of the state, or any branch or political subdivisions thereof, from all past, present, or179
future claims that Mr. Clark or his heirs, successors, and assigns may have against such180
individuals or entities in any capacity arising out of or related to any and all facts in181
connection with his wrongful conviction and incarceration.182
BE IT FURTHER RESOLVED that Mr. Clark shall not be authorized to receive183
compensation pursuant to this resolution if he has a lawsuit pending against the state or any184
offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,185
institutions, commissions, boards, branches, or entities of the State of Georgia or any186
political subdivisions thereof, or against any current and former members, officers,187
employees, or agents of the state or any branch or political subdivisions thereof in state or188
federal court requesting compensation arising out of or related to any and all facts in189
connection to his wrongful conviction and incarceration.190
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BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal191
monthly installments over a ten-year period of time beginning one year after an initial lump192
sum payment of $632,652.00. The remainder of said sum shall be paid immediately into a193
commercial annuity account bearing interest at the prevailing market rate, payable in equal194
monthly installments over a ten-year period of time beginning in 2026 with interest payable195
to Mr. Clark. Compensation paid pursuant to this resolution is intended to provide the sole,196
final, and exclusive compensation by the state and any and all offices, authorities, agencies,197
departments, units, divisions, subdivisions, instrumentalities, institutions, commissions,198
boards, branches, and entities of the state, and any political subdivisions thereof, and any and199
all current and former members, officers, employees, or agents of the State of Georgia or any200
branches or political subdivisions thereof, for any and all present and future claims arising201
out of or related to any and all facts in connection with Mr. Clark's wrongful conviction and202
incarceration. No estate of or personal representative for Mr. Clark shall be entitled to203
requisition or otherwise seek compensation on behalf of Mr. Clark. Upon the death of Mr.204
Clark, all payments and all obligations of the State of Georgia with respect to any and all205
future payments with respect to the annuity shall continue to be made to his estate or heirs.206
BE IT FURTHER RESOLVED that any amount received by Mr. Clark pursuant to this207
resolution shall be excluded from his taxable net income for state income tax purposes.208
PART III209
Compensating Mr. Michael Woolfolk210
WHEREAS, on April 16, 2004, a jury convicted Mr. Michael Woolfolk and Mr. Mario211
Stinchcomb of murder and aggravated assault in the death of Ms. Jaketha Young; and212
WHEREAS, Mr. Woolfolk consistently maintained a claim of self-defense; and213
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WHEREAS, a witness present at the scene, Mr. Jamario Ford, was presumed dead and could214
not be located for trial; and215
WHEREAS, in August of 2018, Mr. Stinchcomb filed an Extraordinary Motion for New216
Trial, based on newly discovered evidence, as the witness, Mr. Ford, was located; and217
WHEREAS, on June 25, 2019, the Fulton County Superior Court entered an order denying218
Mr. Stinchcomb's motion; and219
WHEREAS, in July of 2019, a motion for permission to file a discretionary appeal was filed220
in the Georgia Supreme Court; and221
WHEREAS, on June 1, 2020, the Georgia Supreme Court ordered that an evidentiary hearing222
be held to allow the witness, Mr. Jamario Ford, to testify; and223
WHEREAS, the Fulton County District Attorney's Office of Conviction Integrity Unit224
reinvestigated the case and concluded that the witness, Mr. Ford, was clear in his testimony225
that Ms. Young fired at Mr. Woolfolk and Mr. Stinchcomb, who both returned fire in226
self-defense; and227
WHEREAS, on April 12, 2021, Superior Court Judge Shukura Millender ordered the case228
against Mr. Stinchcomb dismissed; and229
WHEREAS, May 17, 2021, Mr. Woolfolk's conviction was likewise vacated and dismissed;230
and231
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WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages232
suffered by Mr. Woolfolk occurred through no fault or negligence on his part, and it is only233
fitting and proper that he be compensated for his losses for each year of wrongful234
imprisonment; and235
WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for236
compensating innocent individuals who have been exonerated following a wrongful237
conviction and incarceration; and238
WHEREAS, this lack of a statutory regime for compensation requires introduction of a239
resolution to secure such compensation in Georgia.240
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF241
GEORGIA that the Department of Administrative Services is authorized and directed to pay242
the sum of $1,350,000.00 to Mr. Michael Woolfolk as compensation as provided above. 243
Said sum shall be paid from funds appropriated to or available to the Department of244
Administrative Services and shall be in full and complete satisfaction of all claims against245
the state arising out of or related to any and all facts in connection with Mr. Woolfolk's246
wrongful conviction and incarceration and shall be paid subject to the provisions of this247
resolution.248
BE IT FUTHER RESOLVED that, prior to the payment of the compensation, Mr. Woolfolk249
shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge250
any and all claims, demands, actions, causes of action, and damages, of every kind and nature251
whatsoever, past, present, or future, whether known or unknown, specifically including, but252
not limited to, all claims asserted or which could have been asserted, on behalf of himself and253
his heirs, successors, and assigns, forever releasing the state and all offices, authorities,254
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agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,255
commissions, boards, branches, and entities of the State of Georgia or any political256
subdivisions thereof, and any and all current and former members, officers, employees, and257
agents of the state, or any branch or political subdivisions thereof, from all past, present, or258
future claims that Mr. Woolfolk or his heirs, successors, and assigns may have against such259
individuals or entities in any capacity arising out of or related to any and all facts in260
connection with his wrongful conviction and incarceration.261
BE IT FURTHER RESOLVED that Mr. Woolfolk shall not be authorized to receive262
compensation pursuant to this resolution if he has a lawsuit pending against the state or any263
offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,264
institutions, commissions, boards, branches, or entities of the State of Georgia or any265
political subdivisions thereof, or against any current and former members, officers,266
employees, or agents of the state or any branch or political subdivisions thereof in state or267
federal court requesting compensation arising out of or related to any and all facts in268
connection to his wrongful conviction and incarceration.269
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal270
monthly installments over a ten-year period of time beginning one year after an initial lump271
sum payment of $445,500.00. The remainder of said sum shall be paid immediately into a272
commercial annuity account bearing interest at the prevailing market rate, payable in equal273
monthly installments over a ten-year period of time beginning in 2026 with interest payable274
to Mr. Woolfolk. Compensation paid pursuant to this resolution is intended to provide the275
sole, final, and exclusive compensation by the state and any and all offices, authorities,276
agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,277
commissions, boards, branches, and entities of the state, and any political subdivisions278
thereof, and any and all current and former members, officers, employees, or agents of the279
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State of Georgia or any branches or political subdivisions thereof, for any and all present and280
future claims arising out of or related to any and all facts in connection with Mr. Woolfolk's281
wrongful conviction and incarceration. No estate of or personal representative for Mr.282
Woolfolk shall be entitled to requisition or otherwise seek compensation on behalf of the Mr.283
Woolfolk. Upon the death of Mr. Woolfolk, all payments and all obligations of the State of284
Georgia with respect to any and all future payments with respect to the annuity shall continue285
to be made to his estate or heirs.286
BE IT FURTHER RESOLVED that any amount received by Mr. Woolfolk pursuant to this287
resolution shall be excluded from his taxable net income for state income tax purposes.288
PART IV289
Compensating Mr. Mario Stinchcomb290
WHEREAS, on April 16, 2004, a jury convicted Mr. Michael Woolfolk and Mr. Mario291
Stinchcomb of murder and aggravated assault in the death of Ms. Jaketha Young; and292
WHEREAS, Mr. Stinchcomb consistently maintained a claim of self-defense; and293
WHEREAS, a witness present to the scene, Mr. Jamario Ford, was presumed dead and could294
not be located for trial; and295
WHEREAS, in August of 2018, Mr. Stinchcomb filed an Extraordinary Motion for New296
Trial, based upon newly discovered evidence, as the witness, Mr. Ford, was located; and297
WHEREAS, on June 25, 2019, the Fulton County Superior Court entered an order denying298
Mr. Stinchcomb's motion; and299
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WHEREAS, in July of 2019, a motion for permission to file a discretionary appeal was filed300
in the Georgia Supreme Court; and301
WHEREAS, on June 1, 2020, the Georgia Supreme Court ordered that an evidentiary hearing302
be held to allow the witness, Mr. Jamario Ford, to testify; and303
WHEREAS, the Fulton County District Attorney's Office of Conviction Integrity Unit304
reinvestigated the case and concluded that the witness, Mr. Jamario Ford, was clear in his305
testimony that Ms. Young fired at Mr. Woolfolk and Mr. Stinchcomb, who both returned fire306
in self-defense; and307
WHEREAS, on April 12, 2021, Superior Court Judge Shukura Miller ordered the case308
against Mr. Stinchcomb dismissed; and309
WHEREAS, on May 17, 2021, Mr. Woolfolk's conviction was likewise vacated and310
dismissed; and311
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages312
suffered by Mr. Stinchcomb occurred through no fault or negligence on his part, and it is313
only fitting and proper that he be compensated for his losses for each year of wrongful314
imprisonment; and315
WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for316
compensating innocent individuals who have been exonerated following a wrongful317
conviction and incarceration; and318
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WHEREAS, this lack of a statutory regime for compensation requires introduction of a319
resolution to secure such compensation in Georgia.320
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF321
GEORGIA that the Department of Administrative Services is authorized and directed to pay322
the sum of $975,000.00 to Mr. Mario Stinchcomb as compensation as provided above. Said323
sum shall be paid from funds appropriated to or available to the Department of324
Administrative Services and shall be in full and complete satisfaction of all claims against325
the state arising out of or related to any and all facts in connection with Mr. Stinchcomb's326
wrongful conviction and incarceration and shall be paid subject to the provisions of this327
resolution.328
BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr.329
Stinchcomb shall sign a release and waiver which shall release, satisfy, quitclaim, and330
forever discharge any and all claims, demands, actions, causes of action, and damages, of331
every kind and nature whatsoever, past, present, or future, whether known or unknown,332
specifically including, but not limited to, all claims asserted or which could have been333
asserted, on behalf of himself and his heirs, successors, and assigns, forever releasing the334
state and all offices, authorities, agencies, departments, units, divisions, subdivisions,335
instrumentalities, institutions, commissions, boards, branches, and entities of the State of336
Georgia or any political subdivisions thereof, and any and all current and former members,337
officers, employees, and agents of the state, or any branch or political subdivisions thereof,338
from all past, present, or future claims that Mr. Stinchcomb or his heirs, successors, and339
assigns may have against such individuals or entities in any capacity arising out of or related340
to any and all facts in connection with his wrongful conviction and incarceration.341
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BE IT FURTHER RESOLVED that Mr. Stinchcomb shall not be authorized to receive342
compensation pursuant to this resolution if he has a lawsuit pending against the state or any343
offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,344
institutions, commissions, boards, branches, or entities of the State of Georgia or any345
political subdivisions thereof, or against any current and former members, officers,346
employees, or agents of the state or any branch or political subdivisions thereof in state or347
federal court requesting compensation arising out of or related to any and all facts in348
connection to his wrongful conviction and incarceration.349
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal350
monthly installments over a ten-year year period of time beginning one year after an initial351
lump sum payment of $321,750.00. The remainder of said sum shall be paid immediately352
into a commercial annuity account bearing interest at the prevailing market rate, payable in353
equal monthly installments over a ten-year period of time beginning in 2026 with interest354
payable to Mr. Stinchcomb. Compensation paid pursuant to this resolution is intended to355
provide the sole, final, and exclusive compensation by the state and any and all offices,356
authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,357
institutions, commissions, boards, branches, and entities of the state, and any political358
subdivisions thereof, and any and all current and former members, officers, employees, or359
agents of the State of Georgia or any branches or political subdivisions thereof, for any and360
all present and future claims arising out of or related to any and all facts in connection with361
Mr. Stinchcomb's wrongful conviction and incarceration. No estate of or personal362
representative for Mr. Stinchcomb shall be entitled to requisition or otherwise seek363
compensation on behalf of Mr. Stinchcomb. Upon the death of Mr. Stinchcomb, all364
payments and all obligations of the State of Georgia with respect to any and all future365
payments with respect to the annuity shall continue to be made to his estate or heirs.366
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BE IT FURTHER RESOLVED that any amount received by Mr. Stinchcomb pursuant to this367
resolution shall be excluded from his taxable net income for state income tax purposes.368
PART V369
Compensating Mr. Sedrick Moore370
WHEREAS, on the night of February 15, 1993, three men broke into a Colquitt County,371
Georgia, home where they robbed and sexually assaulted a woman at gunpoint; and372
WHEREAS, the victim was only able to identify one of the three perpetrators, Mr. Tyrone373
White; and374
WHEREAS, during his interview with police, Mr. White implicated Mr. Sedrick Moore and375
Mr. Kerry Robinson as the two other perpetrators; and376
WHEREAS, over six years after the incident, Mr. Moore was arrested in connection with the377
incident and charged, along with Mr. Robinson, with rape and other offenses related to378
robbery and possession of a firearm; and379
WHEREAS, Mr. White made a deal with the State for a more lenient sentence in exchange380
for his testimony against Mr. Moore and Mr. Robinson; and381
WHEREAS, both Mr. Moore and Mr. Robinson were tried at the same time; and382
WHEREAS, other evidence against Mr. Moore and Mr. Robinson was a statement from Mr.383
Johnny Brown, III, a neighbor of the victim, placing Mr. Moore in the area that night and384
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testimony from a DNA expert that DNA from a sexual assault exam performed on the victim385
on the night of the incident matched Mr. Moore's and Mr. Robinson's DNA; and386
WHEREAS, on February 26, 2002, a jury convicted Mr. Moore of one count of rape, three387
counts of possession of a firearm during the commission of a crime, one count of armed388
robbery, and one count of burglary, and Mr. Moore was sentenced to 50 years' imprisonment;389
and390
WHEREAS, both Mr. Moore and Mr. Robinson maintained their innocence and pursued391
appeals of their convictions; and392
WHEREAS, in 2018, the Georgia Bureau of Investigation began using a new DNA testing393
method and Mr. Robinson sought new DNA testing as further post-conviction relief; and394
WHEREAS, the new DNA testing did not support a valid DNA match to Mr. Robinson or395
Mr. Moore; and396
WHEREAS, based on this new DNA evidence, Mr. Robinson filed an Extraordinary Motion397
for New Trial (EMNT) and was ultimately exonerated on January 8, 2020, after the State398
declined to further prosecute his case; and399
WHEREAS, Mr. Moore subsequently filed an EMNT and, on May 12, 2023, a Colquitt400
County Superior Court Judge granted Mr. Moore's EMNT; and401
WHEREAS, on August 28, 2023, the State moved for entry of an order of nolle prosequi,402
which a Colquitt County Superior Court Judge granted, thereby dismissing all charges and403
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officially exonerating Mr. Moore after more than 21 years of wrongful imprisonment by the404
State of Georgia; and405
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages406
suffered by Mr. Moore occurred through no fault or negligence on his part, and it is only407
fitting, just, and proper that he be compensated for his losses for each year of wrongful408
imprisonment.409
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF410
GEORGIA that the Department of Administrative Services is authorized and directed to pay411
the sum of $1,691,280.00 to Mr. Sedrick Moore as compensation as provided above. Said412
sum shall be paid from funds appropriated to or available to the Department of413
Administrative Services and shall be in full and complete satisfaction of all claims against414
the state arising out of or related to any and all facts in connection with Mr. Moore's415
wrongful conviction and incarceration and shall be paid subject to the provisions of this416
resolution.417
BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Moore418
shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge419
any and all claims, demands, actions, causes of action, and damages, of every kind and nature420
whatsoever, past, present, or future, whether known or unknown, specifically including, but421
not limited to, all claims asserted or which could have been asserted, on behalf of himself and422
his heirs, successors, and assigns, forever releasing the state and all offices, authorities,423
agencies, departments, units, divisions, subdivisions, instrumentalities, institutions,424
commissions, boards, branches, and entities of the State of Georgia or any political425
subdivisions thereof, and any and all current and former members, officers, employees, and426
agents of the state, or any branch or political subdivisions thereof, from all past, present, or427
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future claims that Mr. Moore or his heirs, successors, and assigns may have against such428
individuals or entities in any capacity arising out of or related to any and all facts in429
connection with his wrongful conviction and incarceration.430
BE IT FURTHER RESOLVED that Mr. Moore shall not be authorized to receive431
compensation pursuant to this resolution if he has a lawsuit pending against the state or any432
offices, authorities, agencies, departments, units, divisions, subdivisions, instrumentalities,433
institutions, commissions, boards, branches, or entities of the State of Georgia or any434
political subdivisions thereof, or against any current and former members, officers,435
employees, or agents of the state or any branch or political subdivisions thereof in state or436
federal court requesting compensation arising out of or related to any and all facts in437
connection to his wrongful conviction and incarceration.438
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal439
monthly installments over a ten-year period of time beginning one year after an initial lump440
sum payment of $558,122.40. The remainder of said sum shall be paid immediately into a441
commercial annuity account bearing interest at the prevailing market rate, payable in equal442
monthly installments over a ten-year period of time beginning in 2026 with interest payable443
to Mr. Moore. Compensation paid pursuant to this resolution is intended to provide the sole,444
final, and exclusive compensation by the state and any and all offices, authorities, agencies,445
departments, units, divisions, subdivisions, instrumentalities, institutions, commissions,446
boards, branches, and entities of the state, and any political subdivisions thereof, and any and447
all current and former members, officers, employees, or agents of the State of Georgia or any448
branches or political subdivisions thereof, for any and all present and future claims arising449
out of or related to any and all facts in connection with Mr. Moore's wrongful conviction and450
incarceration. No estate of or personal representative for Mr. Moore shall be entitled to451
requisition or otherwise seek compensation on behalf of Mr. Moore. Upon the death of Mr.452
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Moore, all payments and all obligations of the State of Georgia with respect to any and all453
future payments with respect to the annuity shall continue to be made to his estate or heirs.454
BE IT FURTHER RESOLVED that any amount received by Mr. Moore pursuant to this455
resolution shall be excluded from his taxable net income for state income tax purposes.456
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