Barney v. Montgomery

By JUDGE J. ROBERT STUMP

This is an attorney malpractice action arising out of a criminal case.

In 1983 Montgomery was the hired attorney for Barney who pleaded guilty pursuant to a written agreement to second degree murder and malicious wounding (maximum twenty-year sentence). However, the indictment charged Barney with unlawful wounding (maximum five years). Neither the judge, prosecutor, nor defense attorney realized this mistake. Barney was sentenced to twenty years for murder and erroneously sentenced to a consecutive term of twenty years for malicious wounding.

In 1988 the court granted…