Garcon v. Landers

This case involves a suit by an incarcerated prisoner against the attorney who represented him in the criminal case that led to his incarceration. The trial court granted the attorney’s motion to dismiss for violation of the statute of limitations. We reverse because the application of the statute is not apparent on the face of the complaint.

Julien Garcon retained Kelly Landers to represent him in a federal criminal proceeding in April 2007. Garcon entered a guilty plea and was incarcerated; he remains incarcerated today.

On February 16, 2010, Garcon filed an eight count complaint against…