The Supreme Law of the Land demands restitution:
International Covenant on Civil & Political Rights
Ratified by U.S. in 1992 this is now, pursuant to our US Constitution is now part of the supreme Law of the Land.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.
Supremacy Clause; Article VI of the Constitution of the United States
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;
and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;
Conclusion from the foregoing
The supreme Law of the Land overrules the perverse interpretation of the Justice of the Texas 3rd Court of Appeals in 2008. His interpretation (understanding or lack thereof) of the Texas Statutory Law of 2001, codified as Chapter 103 of the Texas Civil Practice and Remedies Code (of an Act providing Compensation for Wrongful Imprisonment), is a legal nullity. It is void and null. It is so obviously so that no court needs to be asked to certify the fact. Citizen Heimlich has a Right to Restitution and the members of the Texas State Legislature have a legal duty to provide it.
Furthermore; as our US Constitution makes abundantly clear, the members of the Legislature are honor bound to support Heimlich's right to restitution as secured by International Law and made part of our supreme Law of the Land by ratification.