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Tag: Criminal Legal Malpractice

November 15, 2011

Khodayari v. Mashburn (2011) 200 Cal.App.4th 1184

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Download Publication The Second District holds that a client’s claims are fundamentally premised on attorney malpractice in the criminal defense context, and fail because he cannot establish actual innocence or postconviction relief. A jury convicted Bahman Khodayari of four counts of misdemeanor grand theft and three counts of misdemeanor insurance fraud.  He was placed on […]

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September 25, 2008

Wilkinson v. Zelen (2008) 167 Cal.App.4th 37

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Download Publication The Second District holds that in the criminal legal malpractice context, the plaintiff must show factual innocence and post-conviction exoneration of all lesser included or transactionally related offenses..  Jaleh Wilkinson was convicted by a jury of one felony and two misdemeanors while represented by Garrett Zelen and his firm.  After filing a writ […]

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July 24, 2007

Rose v. Hudson (2007) 153 Cal. App. 4th 641

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Download Publication The Third District holds that the legal malpractice statute of limitations applies to a criminal malpractice claim initiated over a decade after the legal services were rendered, despite a delay in obtaining post-conviction relief Pete Rose sued Harry E. Hudson, Jr. for criminal legal malpractice for services rendered in 1994 through mid-1996.  He did not […]

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December 26, 2006

Sangha v. La Barbera (2006) 146 Cal.App.4th 79

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Download Publication The Fourth District decides in a criminal legal malpractice case that the client must make a threshold showing of actual innocence of both the crime charged and of lesser included offenses to prevail in a legal malpractice action. Roopinder Sangha became enraged at his girlfriend, damaged some of her property, and threatened her […]

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October 30, 2006

Brooks v. Shemaria (2006) 144 Cal.App.4th 434

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Download Publication The Second District holds that the criminal legal malpractice actual innocence requirement does not apply to fee disputes or other proceedings not involving the culpability of the Plaintiff for a crime. John Brooks retained Joseph Shemaria to defend him in a criminal matter relating to drug charges.  Shemaria requested a $50,000 retainer to […]

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January 26, 2006

Young v. Runnels (9th Cir. 2006) 435 F.3d 1038

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Download Publication The Ninth Circuit holds that an attorney’s disciplinary problems do not render her presumptively unable to provide effective assistance of counsel. Darris Young challenged his robbery conviction arguing his trial attorney’s disciplinary problems rendered her presumptively unable to provide effective assistance of counsel. When Young retained Kathryn Jo-Anne Dixon he did not know […]

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July 28, 2005

Salisbury v. County of Orange (2005) 131 Cal.App.4th 756

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Download Publication The Fourth District holds that a criminal legal malpractice plaintiff is entitled to a jury determination on the factual innocence element. Chad Salisbury was represented by an Orange County deputy public defender when a jury found him guilty of assault with a deadly weapon and a hate crime enhancement.  Private counsel secured a […]

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February 19, 2003

Bird, Marella, Boxer & Wolpert v. Superior Court (Reiner) 106 Cal.App.4th 419

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Download Publication The Second District distinguished prior case law that mandated a criminal malpractice plaintiff establish actual innocence and post conviction relief.  In a dispute over an unconscionable or fraudulent fee, the actual innocence requirement does not apply. John Reiner retained Gary Lincenberg, Vincent J. Marella and their law firm Bird, Marella, Boxer & Wolpert […]

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