HR119: HR119 Stinchcomb, Mr. Mario; compensate

Mario Stinchcomb was convicted of murder in 2004 and sentenced to life in prison after he and a co-defendant said they fired in self-defense after being shot at. A witness who could have corroborated their account was believed dead and did not testify at trial. Years later Stinchcomb found the witness alive, and after court proceedings and review by the Fulton County Conviction Integrity Unit, his charges were dropped in 2021, making him the unit's first exoneration. Because Georgia has no general law compensating people who are wrongfully convicted, this resolution is a one-time private bill to pay Stinchcomb directly. It orders the Department of Administrative Services to pay him $975,000 (calculated at $75,000 per year of wrongful imprisonment), with part paid up front and the rest placed in an annuity paid out monthly over ten years starting in 2026. The state gets credit against this payment if Stinchcomb wins a related lawsuit, and the payment would not count as taxable state income.

• Directs the Department of Administrative Services to pay Mario Stinchcomb $975,000 as compensation for wrongful conviction and imprisonment.
• Sets an initial payment of $321,750 followed by the remaining balance placed into a commercial annuity paid in equal monthly installments over ten years starting in 2026.
• Gives the State of Georgia a credit against this payment if Stinchcomb later wins damages in a lawsuit over the same wrongful conviction, minus his attorney's fees and costs.
• Provides that if Stinchcomb dies, remaining annuity payments continue to his estate or heirs.
• Excludes any money Stinchcomb receives under this resolution from his taxable net income for Georgia state income tax purposes.

The resolution directly affects Mario Stinchcomb, who was wrongfully convicted and imprisoned for 13 years. It also involves the Department of Administrative Services, which must make the payments, and touches the Fulton County District Attorney's Office and courts referenced in the case history.

Because Georgia has no general law compensating exonerated people, this resolution is the only way Stinchcomb can receive state payment for his wrongful imprisonment. It sets a financial and procedural template, including tax treatment and repayment credits, that could inform how other wrongful conviction claims are handled.

• The whereas clauses recount that Stinchcomb was convicted in 2004, exonerated in 2021 after a key witness resurfaced, and became the first person cleared by the Fulton County Conviction Integrity Unit.
• The resolving clause sets total compensation at $975,000, based on $75,000 per year of wrongful imprisonment.
• An initial payment of $321,750 is required, with the balance placed into an interest-bearing commercial annuity paid monthly over ten years beginning in 2026.
• The state receives a full or partial credit against this payment if Stinchcomb recovers damages from a related lawsuit against a state official or employee, minus his legal costs.
• Payments continue to Stinchcomb's estate or heirs if he dies before the annuity term ends.
• The final resolved clause excludes the compensation from Stinchcomb's taxable net income for Georgia state income tax purposes.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-03-04House Committee Favorably Reported (House)
3. 2025-02-04House Second Readers (House)
4. 2025-02-03House First Readers (House)
5. 2025-01-30House Hopper (House)

• Stacey Evans (D, HD-057)Primary sponsor
• Tanya Miller (D, HD-062)
• Phil Olaleye (D, HD-059)
• Scott Holcomb (D, HD-101)

• wrongful conviction compensation
• criminal justice
• exoneration
• private legislation
• state payments