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Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender by by John E. Dannenberg The County of Los Angeles paid $42,500 to settle a legal malpractice claim brought by a prisoner who suffered state prison plus felony disenfranchisement upon an unlawful conviction. In October 1992, Jose Castro, …
Habeas Hints: Overcoming Post-Conviction IAC by Kent A. Russell Habeas Hints by Kent A. Russell This column provides "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the …
Article • June 15, 2005 • from PLN June, 2005
Los Angeles County Pays $32,500 To Settle Public Defender's Legal Malpractice by by John E. Dannenberg On November 8, 2004, the Los Angeles County, California Claims Board granted authority of $32,500 to settle a claim by a prisoner for legal malpractice on the part of the Public Defender, wherein the …
New Jersey DOC Liable for Prisoner Death Caused by CMS by Robert Woodman by Robert H. Woodman The Superior Court of New Jersey, Appellate Division, partly affirming a New Jersey prisoner's estate's suit, held that the New Jersey Department of Corrections (DOC) could be held liable for the negligence of …
Article • January 15, 2005 • from PLN January, 2005
Arizona Adopts Favorable Termination Rule in Attorney Malpractice Suits by The Arizona Supreme Court has ruled that a cause of action accrues for attorney malpractice on the date the case is finalized in favor of the defendant because of the attorney's ineffective assistance. This rule is called the favorable termination …
Article • May 15, 2004 • from PLN May, 2004
County Public Defender Liable for Wrongful Conviction by The U.S. Ninth Circuit Court of Ap-peals, sitting en banc, reinstated a former Nevada Death Row prisoner's 42 U.S.C. § 1983 suit against Clark County, Nevada, and the County's Chief Public Defender. Roberto Miranda was convicted of a 1981 murder and sentenced …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
Article • October 15, 2002 • from PLN October, 2002
Exoneration of Conviction a Prerequisite to Legal Malpractice Claim in California by 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 …
Article • July 15, 2002 • from PLN July, 2002
Washington Malpractice Suits Allowed Against Defense Attorneys Despite Alford Plea by A Washington Court of Appeals has held that a defendant in a criminal prosecution may sue his former trial attorney for legal malpractice after his conviction was reversed for ineffective assistance, despite the fact that he entered an Alford …
Dismissal for Derelict Lawyer Reversed by Arizona prisoner (name withheld) The court of appeals for the fifth circuit held that a district court abused its discretion when it dismissed, with prejudice, a prisoner's lawsuit as a sanction for his appointed counsel's dereliction. Tyronne Clofer, a Louisiana state prisoner, filed suit …
Article • February 15, 1995 • from PLN February, 1995
PA Limits Suits Against Defense Attorneys by Dale Gardner The malpractice suit against her was "a mere buzzing fly," said Patricia Dugan, a criminal defense lawyer in Philadelphia, PA. So rather than contact her insurance company and watch her rates rise she asked a friend to handle the case. Her …
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