House Resolution 128 (RULES COMMITTEE SUBSTITUTE)
By: Representatives Dempsey of the 13th, Barton of the 5th, and Lumsden of the 12th
A RESOLUTION
Compensating individuals who have been exonerated following a wrongful conviction and
incarceration; and for other purposes.
PART I
Compensating Mr. Joseph Samuel Watkins
WHEREAS, on the evening of January 11, 2000, while driving north on Highway 27 toward
Rome, Georgia, a man saw a small blue car driving erratically in front of him and interacting
aggressively with a truck, and shortly thereafter the man observed a flash and saw the truck
veer over the median and opposite lanes and then crash; and
WHEREAS, 20-year-old Mr. Isaac Dawkins was driving north in his truck on Highway 27
when he was shot in the head, causing Mr. Dawkins to crash his truck and later die from the
injuries he suffered; and
WHEREAS, on the same evening of January 11, 2000, 18-year-old Mr. Joseph Samuel
Watkins drove his white truck south from his home in Rome to the home of his girlfriend in
Cedartown, making several calls on his cell phone and passing the scene of Mr. Dawkins's
crash on the way; and
WHEREAS, Mr. Watkins's cell phone records and testimonial evidence regarding a shot dog
were introduced at trial; and
WHEREAS, the prosecution and defense presented cell phone experts who agreed that there
was no possibility that Mr. Watkins's cellphone was located at or near the scene at the time
the shooter's blue car would have been located at the scene; and
WHEREAS, on July 2, 2001, a Floyd County jury convicted Mr. Watkins for the murder of
Mr. Dawkins; and
WHEREAS, Mr. Watkins's co-defendant, who was the alleged shooter, was acquitted by a
different jury; and
WHEREAS, Mr. Watkins continued to maintain his innocence and pursued appeals and other
post-conviction relief; and
WHEREAS, years later, the podcast Undisclosed and the Georgia Innocence Project learned
that during jury deliberations at Mr. Watkins's trial, one of the jurors had improperly
conducted her own "drive test" related to the cell phone records, causing her to erroneously
determine that Mr. Watkins could have been present at the crime scene, a determination
which she then shared with other jurors; and
WHEREAS, the Georgia Innocence Project discovered that although more than 15 years had
passed, a former medical examiner for GBI had retained a personal autopsy log from the
timeframe that he worked at the GBI, which included a previously unknown case number;
and
WHEREAS, the new case number assisted GBI in providing documents that established that
the bullet taken from the shot dog was of another caliber than the bullet used to shoot Mr.
Dawkins; and
WHEREAS, after discovering the evidence of the unauthorized juror drive test and the bullet,
Mr. Watkins filed a second petition for habeas corpus; and
WHEREAS, following a three-day evidentiary hearing in February and March, 2022, the
state habeas court granted the habeas corpus petition, overturning Mr. Watkins's convictions,
and granting him a new trial; and
WHEREAS, in a unanimous decision on December 20, 2022, the Supreme Court of Georgia
affirmed the state habeas court's grant of relief to Mr. Watkins, holding that the habeas court
did not err by concluding that Mr. Watkins showed that the juror's improper drive test during
deliberations, conducted to see whether Mr. Watkins could have been physically present at
the time and place Isaac Dawkins was shot, caused Mr. Watkins actual prejudice; and
WHEREAS, on January 3, 2023, Mr. Watkins was granted bond and released, but the
charges against him remained pending and the State could have sought to retry him; and
WHEREAS, on September 21, 2023, based on a review of all of the available evidence,
including the evidence presented at trial and new investigations, the State moved for entry
of an order of nolle prosequi, which the Superior Court of Floyd County granted, thereby
dismissing all the charges and officially exonerating Mr. Watkins; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages
suffered by Mr. Watkins occurred through no fault or negligence on his part, and it is only
fitting and proper that he be compensated for his losses for each year of wrongful
imprisonment; and
WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for
compensating innocent individuals who have been exonerated following wrongful conviction
and incarceration; and
WHEREAS, this lack of a statutory regime for compensation requires introduction of a
resolution to secure such compensation in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA that the Department of Administrative Services is authorized and directed to pay
the sum of $1,688,527.40 to Mr. Joseph Samuel Watkins as compensation as provided above.
Said sum shall be paid from funds appropriated to or available to the Department of
Administrative Services and shall be in full and complete satisfaction of all claims against
the state arising out of or related to any and all facts in connection with Mr. Watkins's
wrongful conviction and incarceration and shall be paid subject to the provisions of this
resolution.
BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Watkins
shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge
any and all claims, demands, actions, causes of action, and damages, of every kind and nature
whatsoever, past, present, or future, whether known or unknown, specifically including, but
not limited to, all claims asserted or which could have been asserted, on behalf of himself and
his heirs, successors, and assigns, forever releasing the state and all offices, authorities,
agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,
branches, and entities of the State of Georgia but not including any political subdivisions
thereof, and any and all current and former members, officers, employees, and agents of the
state, or any branch but not including any political subdivisions thereof, from all past,
present, or future claims that Mr. Watkins or his heirs, successors, and assigns may have
against such individuals or entities in any capacity arising out of or related to any and all
facts in connection with his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that Mr. Watkins shall not be authorized to receive
compensation pursuant to this resolution if he has a lawsuit pending against the state or any
offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,
commissions, boards, branches, or entities of the State of Georgia, or against any current and
former members, officers, employees, or agents of the state or any branch thereof in state or
federal court requesting compensation arising out of or related to any and all facts in
connection to his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal
monthly installments over a ten-year period of time beginning one year after an initial lump
sum payment of $535,000.00. The remainder of said sum shall be paid immediately into a
commercial annuity account bearing interest at the prevailing market rate, payable in equal
monthly installments over a ten-year period of time beginning in 2026 with interest payable
to Mr. Watkins. Compensation paid pursuant to this resolution is intended to provide the
sole, final, and exclusive compensation by the state and any and all offices, authorities,
agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,
branches, and entities of the state, and any and all current and former members, officers,
employees, or agents of the State of Georgia or any branches thereof, for any and all present
and future claims arising out of or related to any and all facts in connection with Mr.
Watkins's wrongful conviction and incarceration. No estate of or personal representative for
Mr. Watkins shall be entitled to requisition or otherwise seek compensation on behalf of Mr.
Watkins. Upon the death of Mr. Watkins, all payments and all obligations of the State of
Georgia with respect to any and all future payments with respect to the annuity shall continue
to be made to his estate or heirs.
BE IT FURTHER RESOLVED that any amount received by Mr. Watkins pursuant to this
resolution shall be excluded from his taxable net income for state income tax purposes.
PART II
Compensating Mr. Daryl Lee Clark
WHEREAS, on October 18, 1996, fifteen-year-old Mr. Brian Bowling tragically lost his life
while playing "Russian Roulette" with his friend, seventeen-year-old Mr. Cain Joshua Storey,
in the bedroom of Mr. Brian Bowling's home in Floyd County, Georgia; and
WHEREAS, several months later, seventeen-year-old Mr. Daryl Lee Clark, an acquaintance
of Mr. Brian Bowling, was arrested, and both he and Mr. Storey were charged with the
murder and conspiracy to commit the murder of Mr. Bowling; and
WHEREAS, one of the State's two key witnesses was Ms. Angela Bruce, who claimed that
during a party at her home after Mr. Bowling's death, she heard Mr. Storey say he had shot
and killed Mr. Bowling, and heard Mr. Clark say he was present at the time of the shooting;
and
WHEREAS, the second of the State's two key witnesses was Mr. Charlie Childers, a
functionally illiterate and severely hearing and speech impaired man with limited and unique
sign language skills, who testified that he had seen a person named "Daryl" flee from Mr.
Bowling's yard immediately after the shooting and identified Mr. Clark in a police photo
lineup; and
WHEREAS, on January 19, 1998, Mr. Clark and Mr. Storey were both convicted of murder
and conspiracy to commit murder and sentenced to life imprisonment; and
WHEREAS, in late 2021, Ms. Bruce admitted for the first time to reporters and the Georgia
Innocence Project that her incriminating testimony concerning Mr. Clark's and Mr. Storey's
admissions was false; and
WHEREAS, the independent investigation further established for the first time that Mr.
Childers's translator at Mr. Clark's trial later questioned the accuracy of her own translation
of Mr. Childers's testimony, and regretted providing the translation at trial, because Mr.
Childers's manner of communication was not standard American Sign Language ("ASL"),
but instead a communication method unique to Mr. Childers and his former teacher (an ASL
expert who knew and understood Mr. Childers's unique communication method, having
worked with him from the time he has been a child); and
WHEREAS, through interpretation by a new translator (his former teacher) in 2021, Mr.
Childers indicated that testimony given by him over 20 years earlier had not been accurately
interpreted to the jury; and
WHEREAS, on September 16, 2022, Georgia Innocence Project lawyers filed an
Extraordinary Motion for New Trial (EMNT) and a petition for a writ of habeas corpus; and
WHEREAS, on December 8, 2022, Mr. Clark's convictions were overturned and vacated by
the Superior Court of Floyd County; and
WHEREAS, on that same date, the District Attorney's Office for the Rome Judicial Circuit
sought, and a Floyd County Superior Court Judge granted, dismissal of all charges against
Mr. Clark based upon evidentiary considerations; and
WHEREAS, after more than twenty-five years of wrongful imprisonment by the State of
Georgia, Mr. Clark was finally exonerated and freed from his incarceration on December 8,
2022; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages
suffered by Mr. Clark occurred through no fault or negligence on his part, and it is only
fitting, just, and proper that he be compensated for his losses for each year of wrongful
imprisonment; and
WHEREAS, Georgia is one of only eleven states that does not have a statutory regime for
compensating innocent individuals who have been exonerated following wrongful conviction
and incarceration; and
WHEREAS, this lack of a statutory regime for compensation requires introduction of a
resolution to secure such compensation in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA that the Department of Administrative Services is authorized and directed to pay
the sum of $1,917,128.00 to Mr. Daryl Lee Clark as compensation as provided above. Said
sum shall be paid from funds appropriated to or available to the Department of
Administrative Services and shall be in full and complete satisfaction of all claims against
the state arising out of or related to any and all facts in connection with Mr. Clark's wrongful
conviction and incarceration and shall be paid subject to the provisions of this resolution.
BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Clark
shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge
any and all claims, demands, actions, causes of action, and damages, of every kind and nature
whatsoever, past, present, or future, whether known or unknown, specifically including, but
not limited to, all claims asserted or which could have been asserted, on behalf of himself and
his heirs, successors, and assigns, forever releasing the state and all offices, authorities,
agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,
branches, and entities of the State of Georgia but not including any political subdivisions
thereof, and any and all current and former members, officers, employees, and agents of the
state, or any branch but not including any political subdivisions thereof, from all past,
present, or future claims that Mr. Clark or his heirs, successors, and assigns may have against
such individuals or entities in any capacity arising out of or related to any and all facts in
connection with his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that Mr. Clark shall not be authorized to receive
compensation pursuant to this resolution if he has a lawsuit pending against the state or any
offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,
commissions, boards, branches, or entities of the State of Georgia, or against any current and
former members, officers, employees, or agents of the state or any branch thereof in state or
federal court requesting compensation arising out of or related to any and all facts in
connection to his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal
monthly installments over a ten-year period of time beginning one year after an initial lump
sum payment of $632,652.00. The remainder of said sum shall be paid immediately into a
commercial annuity account bearing interest at the prevailing market rate, payable in equal
monthly installments over a ten-year period of time beginning in 2026 with interest payable
to Mr. Clark. Compensation paid pursuant to this resolution is intended to provide the sole,
final, and exclusive compensation by the state and any and all offices, authorities, agencies,
departments, units, divisions, instrumentalities, institutions, commissions, boards, branches,
and entities of the state, and any and all current and former members, officers, employees,
or agents of the State of Georgia or any branches thereof, for any and all present and future
claims arising out of or related to any and all facts in connection with Mr. Clark's wrongful
conviction and incarceration. No estate of or personal representative for Mr. Clark shall be
entitled to requisition or otherwise seek compensation on behalf of Mr. Clark. Upon the
death of Mr. Clark, all payments and all obligations of the State of Georgia with respect to
any and all future payments with respect to the annuity shall continue to be made to his estate
or heirs.
BE IT FURTHER RESOLVED that any amount received by Mr. Clark pursuant to this
resolution shall be excluded from his taxable net income for state income tax purposes.
PART III
Compensating Mr. Michael Woolfolk
WHEREAS, on April 16, 2004, a jury convicted Mr. Michael Woolfolk and Mr. Mario
Stinchcomb of murder and aggravated assault in the death of Ms. Jaketha Young; and
WHEREAS, Mr. Woolfolk consistently maintained a claim of self-defense; and
WHEREAS, a witness present at the scene, Mr. Jamario Ford, was presumed dead and could
not be located for trial; and
WHEREAS, in August of 2018, Mr. Stinchcomb filed an Extraordinary Motion for New
Trial, based on newly discovered evidence, as the witness, Mr. Ford, was located; and
WHEREAS, on June 25, 2019, the Fulton County Superior Court entered an order denying
Mr. Stinchcomb's motion; and
WHEREAS, in July of 2019, a motion for permission to file a discretionary appeal was filed
in the Georgia Supreme Court; and
WHEREAS, on June 1, 2020, the Georgia Supreme Court ordered that an evidentiary hearing
be held to allow the witness, Mr. Jamario Ford, to testify; and
WHEREAS, the Fulton County District Attorney's Office of Conviction Integrity Unit
reinvestigated the case and concluded that the witness, Mr. Ford, was clear in his testimony
that Ms. Young fired at Mr. Woolfolk and Mr. Stinchcomb, who both returned fire in
self-defense; and
WHEREAS, on April 12, 2021, Superior Court Judge Shukura Millender ordered the case
against Mr. Stinchcomb dismissed; and
WHEREAS, May 17, 2021, Mr. Woolfolk's conviction was likewise vacated and dismissed;
and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages
suffered by Mr. Woolfolk occurred through no fault or negligence on his part, and it is only
fitting and proper that he be compensated for his losses for each year of wrongful
imprisonment; and
WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for
compensating innocent individuals who have been exonerated following a wrongful
conviction and incarceration; and
WHEREAS, this lack of a statutory regime for compensation requires introduction of a
resolution to secure such compensation in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA that the Department of Administrative Services is authorized and directed to pay
the sum of $1,350,000.00 to Mr. Michael Woolfolk as compensation as provided above.
Said sum shall be paid from funds appropriated to or available to the Department of
Administrative Services and shall be in full and complete satisfaction of all claims against
the state arising out of or related to any and all facts in connection with Mr. Woolfolk's
wrongful conviction and incarceration and shall be paid subject to the provisions of this
resolution.
BE IT FUTHER RESOLVED that, prior to the payment of the compensation, Mr. Woolfolk
shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge
any and all claims, demands, actions, causes of action, and damages, of every kind and nature
whatsoever, past, present, or future, whether known or unknown, specifically including, but
not limited to, all claims asserted or which could have been asserted, on behalf of himself and
his heirs, successors, and assigns, forever releasing the state and all offices, authorities,
agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,
branches, and entities of the State of Georgia but not including any political subdivisions
thereof, and any and all current and former members, officers, employees, and agents of the
state, or any branch but not including any political subdivisions thereof, from all past,
present, or future claims that Mr. Woolfolk or his heirs, successors, and assigns may have
against such individuals or entities in any capacity arising out of or related to any and all
facts in connection with his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that Mr. Woolfolk shall not be authorized to receive
compensation pursuant to this resolution if he has a lawsuit pending against the state or any
offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,
commissions, boards, branches, or entities of the State of Georgia or against any current and
former members, officers, employees, or agents of the state or any branch thereof in state or
federal court requesting compensation arising out of or related to any and all facts in
connection to his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal
monthly installments over a ten-year period of time beginning one year after an initial lump
sum payment of $445,500.00. The remainder of said sum shall be paid immediately into a
commercial annuity account bearing interest at the prevailing market rate, payable in equal
monthly installments over a ten-year period of time beginning in 2026 with interest payable
to Mr. Woolfolk. Compensation paid pursuant to this resolution is intended to provide the
sole, final, and exclusive compensation by the state and any and all offices, authorities,
agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,
branches, and entities of the state, and any and all current and former members, officers,
employees, or agents of the State of Georgia or any branches thereof, for any and all present
and future claims arising out of or related to any and all facts in connection with Mr.
Woolfolk's wrongful conviction and incarceration. No estate of or personal representative
for Mr. Woolfolk shall be entitled to requisition or otherwise seek compensation on behalf
of the Mr. Woolfolk. Upon the death of Mr. Woolfolk, all payments and all obligations of
the State of Georgia with respect to any and all future payments with respect to the annuity
shall continue to be made to his estate or heirs.
BE IT FURTHER RESOLVED that any amount received by Mr. Woolfolk pursuant to this
resolution shall be excluded from his taxable net income for state income tax purposes.
PART IV
Compensating Mr. Mario Stinchcomb
WHEREAS, on April 16, 2004, a jury convicted Mr. Michael Woolfolk and Mr. Mario
Stinchcomb of murder and aggravated assault in the death of Ms. Jaketha Young; and
WHEREAS, Mr. Stinchcomb consistently maintained a claim of self-defense; and
WHEREAS, a witness present to the scene, Mr. Jamario Ford, was presumed dead and could
not be located for trial; and
WHEREAS, in August of 2018, Mr. Stinchcomb filed an Extraordinary Motion for New
Trial, based upon newly discovered evidence, as the witness, Mr. Ford, was located; and
WHEREAS, on June 25, 2019, the Fulton County Superior Court entered an order denying
Mr. Stinchcomb's motion; and
WHEREAS, in July of 2019, a motion for permission to file a discretionary appeal was filed
in the Georgia Supreme Court; and
WHEREAS, on June 1, 2020, the Georgia Supreme Court ordered that an evidentiary hearing
be held to allow the witness, Mr. Jamario Ford, to testify; and
WHEREAS, the Fulton County District Attorney's Office of Conviction Integrity Unit
reinvestigated the case and concluded that the witness, Mr. Jamario Ford, was clear in his
testimony that Ms. Young fired at Mr. Woolfolk and Mr. Stinchcomb, who both returned fire
in self-defense; and
WHEREAS, on April 12, 2021, Superior Court Judge Shukura Miller ordered the case
against Mr. Stinchcomb dismissed; and
WHEREAS, on May 17, 2021, Mr. Woolfolk's conviction was likewise vacated and
dismissed; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages
suffered by Mr. Stinchcomb occurred through no fault or negligence on his part, and it is
only fitting and proper that he be compensated for his losses for each year of wrongful
imprisonment; and
WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for
compensating innocent individuals who have been exonerated following a wrongful
conviction and incarceration; and
WHEREAS, this lack of a statutory regime for compensation requires introduction of a
resolution to secure such compensation in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA that the Department of Administrative Services is authorized and directed to pay
the sum of $975,000.00 to Mr. Mario Stinchcomb as compensation as provided above. Said
sum shall be paid from funds appropriated to or available to the Department of
Administrative Services and shall be in full and complete satisfaction of all claims against
the state arising out of or related to any and all facts in connection with Mr. Stinchcomb's
wrongful conviction and incarceration and shall be paid subject to the provisions of this
resolution.
BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr.
Stinchcomb shall sign a release and waiver which shall release, satisfy, quitclaim, and
forever discharge any and all claims, demands, actions, causes of action, and damages, of
every kind and nature whatsoever, past, present, or future, whether known or unknown,
specifically including, but not limited to, all claims asserted or which could have been
asserted, on behalf of himself and his heirs, successors, and assigns, forever releasing the
state and all offices, authorities, agencies, departments, units, divisions, instrumentalities,
institutions, commissions, boards, branches, and entities of the State of Georgia but not
including any political subdivisions thereof, and any and all current and former members,
officers, employees, and agents of the state, or any branch but not including any political
subdivisions thereof, from all past, present, or future claims that Mr. Stinchcomb or his heirs,
successors, and assigns may have against such individuals or entities in any capacity arising
out of or related to any and all facts in connection with his wrongful conviction and
incarceration.
BE IT FURTHER RESOLVED that Mr. Stinchcomb shall not be authorized to receive
compensation pursuant to this resolution if he has a lawsuit pending against the state or any
offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,
commissions, boards, branches, or entities of the State of Georgia or against any current and
former members, officers, employees, or agents of the state or any branch thereof in state or
federal court requesting compensation arising out of or related to any and all facts in
connection to his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal
monthly installments over a ten-year year period of time beginning one year after an initial
lump sum payment of $321,750.00. The remainder of said sum shall be paid immediately
into a commercial annuity account bearing interest at the prevailing market rate, payable in
equal monthly installments over a ten-year period of time beginning in 2026 with interest
payable to Mr. Stinchcomb. Compensation paid pursuant to this resolution is intended to
provide the sole, final, and exclusive compensation by the state and any and all offices,
authorities, agencies, departments, units, divisions, instrumentalities, institutions,
commissions, boards, branches, and entities of the state, and any and all current and former
members, officers, employees, or agents of the State of Georgia or any branches thereof, for
any and all present and future claims arising out of or related to any and all facts in
connection with Mr. Stinchcomb's wrongful conviction and incarceration. No estate of or
personal representative for Mr. Stinchcomb shall be entitled to requisition or otherwise seek
compensation on behalf of Mr. Stinchcomb. Upon the death of Mr. Stinchcomb, all
payments and all obligations of the State of Georgia with respect to any and all future
payments with respect to the annuity shall continue to be made to his estate or heirs.
BE IT FURTHER RESOLVED that any amount received by Mr. Stinchcomb pursuant to this
resolution shall be excluded from his taxable net income for state income tax purposes.
PART V
Compensating Mr. Sedrick Moore
WHEREAS, on the night of February 15, 1993, three men broke into a Colquitt County,
Georgia, home where they robbed and sexually assaulted a woman at gunpoint; and
WHEREAS, the victim was only able to identify one of the three perpetrators, Mr. Tyrone
White; and
WHEREAS, during his interview with police, Mr. White implicated Mr. Sedrick Moore and
Mr. Kerry Robinson as the two other perpetrators; and
WHEREAS, over six years after the incident, Mr. Moore was arrested in connection with the
incident and charged, along with Mr. Robinson, with rape and other offenses related to
robbery and possession of a firearm; and
WHEREAS, Mr. White made a deal with the State for a more lenient sentence in exchange
for his testimony against Mr. Moore and Mr. Robinson; and
WHEREAS, both Mr. Moore and Mr. Robinson were tried at the same time; and
WHEREAS, other evidence against Mr. Moore and Mr. Robinson was a statement from Mr.
Johnny Brown, III, a neighbor of the victim, placing Mr. Moore in the area that night and
testimony from a DNA expert that DNA from a sexual assault exam performed on the victim
on the night of the incident matched Mr. Moore's and Mr. Robinson's DNA; and
WHEREAS, on February 26, 2002, a jury convicted Mr. Moore of one count of rape, three
counts of possession of a firearm during the commission of a crime, one count of armed
robbery, and one count of burglary, and Mr. Moore was sentenced to 50 years' imprisonment;
and
WHEREAS, both Mr. Moore and Mr. Robinson maintained their innocence and pursued
appeals of their convictions; and
WHEREAS, in 2018, the Georgia Bureau of Investigation began using a new DNA testing
method and Mr. Robinson sought new DNA testing as further post-conviction relief; and
WHEREAS, the new DNA testing did not support a valid DNA match to Mr. Robinson or
Mr. Moore; and
WHEREAS, based on this new DNA evidence, Mr. Robinson filed an Extraordinary Motion
for New Trial (EMNT) and was ultimately exonerated on January 8, 2020, after the State
declined to further prosecute his case; and
WHEREAS, Mr. Moore subsequently filed an EMNT and, on May 12, 2023, a Colquitt
County Superior Court Judge granted Mr. Moore's EMNT; and
WHEREAS, on August 28, 2023, the State moved for entry of an order of nolle prosequi,
which a Colquitt County Superior Court Judge granted, thereby dismissing all charges and
officially exonerating Mr. Moore after more than 21 years of wrongful imprisonment by the
State of Georgia; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages
suffered by Mr. Moore occurred through no fault or negligence on his part, and it is only
fitting, just, and proper that he be compensated for his losses for each year of wrongful
imprisonment.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA that the Department of Administrative Services is authorized and directed to pay
the sum of $1,691,280.00 to Mr. Sedrick Moore as compensation as provided above. Said
sum shall be paid from funds appropriated to or available to the Department of
Administrative Services and shall be in full and complete satisfaction of all claims against
the state arising out of or related to any and all facts in connection with Mr. Moore's
wrongful conviction and incarceration and shall be paid subject to the provisions of this
resolution.
BE IT FURTHER RESOLVED that, prior to the payment of the compensation, Mr. Moore
shall sign a release and waiver which shall release, satisfy, quitclaim, and forever discharge
any and all claims, demands, actions, causes of action, and damages, of every kind and nature
whatsoever, past, present, or future, whether known or unknown, specifically including, but
not limited to, all claims asserted or which could have been asserted, on behalf of himself and
his heirs, successors, and assigns, forever releasing the state and all offices, authorities,
agencies, departments, units, divisions, instrumentalities, institutions, commissions, boards,
branches, and entities of the State of Georgia but not including any political subdivisions
thereof, and any and all current and former members, officers, employees, and agents of the
state, or any branch but not including any political subdivisions thereof, from all past,
present, or future claims that Mr. Moore or his heirs, successors, and assigns may have
against such individuals or entities in any capacity arising out of or related to any and all
facts in connection with his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that Mr. Moore shall not be authorized to receive
compensation pursuant to this resolution if he has a lawsuit pending against the state or any
offices, authorities, agencies, departments, units, divisions, instrumentalities, institutions,
commissions, boards, branches, or entities of the State of Georgia or against any current and
former members, officers, employees, or agents of the state or any branch thereof in state or
federal court requesting compensation arising out of or related to any and all facts in
connection to his wrongful conviction and incarceration.
BE IT FURTHER RESOLVED that said sum shall be paid in the form of an annuity in equal
monthly installments over a ten-year period of time beginning one year after an initial lump
sum payment of $558,122.40. The remainder of said sum shall be paid immediately into a
commercial annuity account bearing interest at the prevailing market rate, payable in equal
monthly installments over a ten-year period of time beginning in 2026 with interest payable
to Mr. Moore. Compensation paid pursuant to this resolution is intended to provide the sole,
final, and exclusive compensation by the state and any and all offices, authorities, agencies,
departments, units, divisions, instrumentalities, institutions, commissions, boards, branches,
and entities of the state, and any and all current and former members, officers, employees,
or agents of the State of Georgia or any branches thereof, for any and all present and future
claims arising out of or related to any and all facts in connection with Mr. Moore's wrongful
conviction and incarceration. No estate of or personal representative for Mr. Moore shall be
entitled to requisition or otherwise seek compensation on behalf of Mr. Moore. Upon the
death of Mr. Moore, all payments and all obligations of the State of Georgia with respect to
any and all future payments with respect to the annuity shall continue to be made to his estate
or heirs.
BE IT FURTHER RESOLVED that any amount received by Mr. Moore pursuant to this
resolution shall be excluded from his taxable net income for state income tax purposes.