Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: innocence

NH: Legal Malpractice: The Innocent Guilty Plea (???)

Posted in Criminal Law, New Hampshire, Proximate Cause
Hilario v. Reardon, 158 N.H. 56 (2008). NH: Underlying Criminal Procedure, Guilty Plea Student Contributor: Peter J. Jannace FACTS: Plaintiff was indicted on various charges; he then entered into a plea arrangement with the State which provided that if he met certain conditions, including cooperating in other prosecutions, the State would petition for the suspension… Continue Reading

CA: Malpractice Action Stayed Pending Postconviction Relief

Posted in California, Criminal Law, Statute of Limitations
Black v. White, Court of Appeals of California, Second District, Division Four, April 27, 2010 Facts:  Plaintiff filed this malpractice action against his criminal attorney after his conviction for first degree burglary was affirmed.  The trial court sustained the attorney’s demurrer to Plaintiff’s complaint on the basis that actual innocence is a prerequisite to filing… Continue Reading