Piris v. Kitching

¶1 — This case asks us to decide whether the “actual innocence” element of a criminal malpractice1 claim against a trial attorney, an appellate attorney, and King County through its agency, the Department of Public Defense, applies to the facts of this case to bar the action. The complaint here alleges negligence based on the failure to schedule a resentencing hearing after the Court of Appeals remanded, and asserts that the defendant served more prison time than he otherwise would have had he been promptly resentenced. In this case, we hold that actual innocence is a necessary requirement to…