Legal Opinion
Robert Allen Barker v. Donald H. Capotosto and Thomas M. Magee
Supreme Court of Iowa
Decided February 5, 2016No. 14–1550PublishedCited by 40 opinions
1Opinion of the Court
MANSFIELD, Justice.
This case asks us to determine whether a criminal defendant who sues his or her attorney for legal malpractice must prove actual- innocence as a precondition to recovery. In Trobaugh v. Sondag, 668 N.W.2d 577, 583 n. 4 (Iowa 2003), we reserved judgment on this question.
In the present case, the plaintiff faults his former criminal .defense attorneys for allowing him to plead guilty to a specific ciime that lacked a factual basis. He sued the attorneys for malpractice, but the district court granted them summary judgment because the plaintiff could not show he was actually…
2Cases cited36 opinions
- Peeler v. Hughes & LuceTexas Supreme Court · 1995
- Krahn v. KinneyOhio Supreme Court · 1989
- Bailey v. TuckerSupreme Court of Pennsylvania · 1993
- Carmel v. LunneyNew York Court of Appeals · 1987
- Wiley v. County of San DiegoCalifornia Supreme Court · 1998
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3Cited by40 opinions
- Melissa Stender v. Anthony Zane BlessumSupreme Court of Iowa · 2017
- Nick C. Rhoades v. State of IowaSupreme Court of Iowa · 2016
- Pamela Plowman and Jeremy Plowman v. Fort Madison Community Hospital, Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Center, and Fort Madison Physicians and SurgeonsSupreme Court of Iowa · 2017
- Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, and Q.H., Appellee, v. VALLEY VIEW SWINE, LLC and JBS Live Pork, LLC, Appellants.Supreme Court of Iowa · 2018
- Michelle R. Skadburg v. Gary Gately and Whitfield and Eddy, PLCSupreme Court of Iowa · 2018
35 more not listed; retrieve them via the Exa API.