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Legal Opinion

Wiley v. County of San Diego

California Supreme Court

Decided November 23, 1998No. S066034PublishedCited by 111 opinions

1Opinion of the Court

*534Opinion

BROWN, J.

When a former criminal defendant sues for legal malpractice, is actual innocence a necessary element of the cause of action? For reasons of policy and pragmatism, we conclude the answer is yes.

Factual and Procedural Background

Because a full recital of the underlying facts is not pertinent to resolution of the question presented, we relate them only in brief: In September 1990, plaintiff Kelvin Eugene Wiley (Wiley) was arrested and charged with burglary and various assaultive crimes against Toni DiGiovanni, a former girlfriend with whom he had a stormy relationship. At…

2Cases cited43 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. Mapp v. OhioSupreme Court of the United States · 1961
  5. Stone v. PowellSupreme Court of the United States · 1976

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3Cited by111 opinions

  1. Samuels v. MixCalifornia Supreme Court · 1999
  2. Coscia v. McKenna & CuneoCalifornia Supreme Court · 2001
  3. Gibson v. TrantTennessee Supreme Court · 2001
  4. Barner v. LeedsCalifornia Supreme Court · 2000
  5. Ang v. MartinWashington Supreme Court · 2005

106 more not listed; retrieve them via the Exa API.

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