Shaw v. State, Department of Administration

OPINION

RABINO WITZ, Justice.

These petitions raise several questions arising out of a legal malpractice action brought by a criminal defendant against his attorney. First, we address at what time prejudgment interest in a legal malpractice action. brought against a criminal defense attorney begins to accrue. Second, we address the question whether innocence or actual guilt of the plaintiff in the legal malpractice action is relevant. If so, we must further decide who bears the burden of proof on the issue. We address these issues in turn.

I. FACTUAL AND PROCEDURAL BACKGROUND

The long and complex…