Bailey v. Tucker

OPINION

NIX, Chief Justice.1

These consolidated appeals present this Court with an opportunity to examine whether counsel in a criminal case may be sued civilly for negligent stewardship. Initially, these cases came before us on the issue of whether the underlying actions were time barred. Although that issue will be addressed, it is overshadowed by a larger concern, to wit: the *242viability of the very cause of action which these plaintiffs are asserting.

34 W.D. Appeal Docket 1987

Appellant, Clarence Bailey, was convicted by a jury on October 14,1970, for the first degree murder of Marion Carter…