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Exoneration of Conviction a Prerequisite to Legal Malpractice Claim in California
Loaded on Oct. 15, 2002
published in Prison Legal News
October, 2002, page 16
The California Supreme Court held that when criminal defendants sue their defense lawyer for legal malpractice, they cannot use the civil proceeding to prove their innocence. Rather, they must first gain either a reversal of their conviction or other exoneration by postconviction relief. Nicholas Coscia, a former attorney, pled guilty ...
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- Into the Twilight Zone, by Mumia Abu-Jamal
- From the Editor, by Paul Wright
- Represent Yourself in Court: How to Prepare & Try a Winning Case, 3rd Ed., by Sam Rutherford
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- CMS Overdoses Five Boston Jail Prisoners
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- Washington Good Time Depends on When Crime Occurred
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- German Economics Minister Comments on U.S. Prison Labor
- Credit for Time Served Required in Idaho Commute to Work Release
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- Attorney Fee Award Upheld in Washington Excessive Force Case
- Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary
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- Guards at New York Juvenile Center Charged with Extortion
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- Texas Sex Slave Sues Prison System for Failure to Protect
- Remand to Determine if TDCJ Grooming Policy Unconstitutional
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More from these topics:
- Disbarred Cincinnati Defense Attorney Who Defrauded Prisoner Clients Gets Three-Year Sentence, May 1, 2025. Attorney Misconduct, Malpractice (Attorneys), Fraud and Theft Loss, Disbarred Attorney.
- Tennessee Attorney Sues Federal Court Over Gag Order in CoreCivic Suit, Dec. 15, 2024. Corrections Corporation of America/CoreCivic, Attorneys, Gag Order.
- California Bar Accuses L.A. Lawyer of Deceiving Prisoners Seeking Resentencing, Oct. 15, 2024. Attorney Misconduct, Malpractice (Attorneys), False Statements/Perjury.
- Bruce Johnson 1950–2024, Sept. 15, 2024. Editorials, Criminal justice system reform, Attorneys.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- Convicted Sex Offender Now a Licensed Attorney in Washington State, Oct. 15, 2023. Sex Offenders (Discrimination), Attorneys.
- “Jailhouse Lawyer 360” Shut Down by California Bar, Sept. 1, 2022. Malpractice (Attorneys).
- Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed, March 18, 2020. Police Misconduct, Attorneys, Police.
- Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’, March 18, 2020. Attorneys, Attorney Misconduct, Habeas Corpus.
- 3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance, Jan. 21, 2020. Attorneys.