Legal Opinion

Godby v. Whitehead

Indiana Court of Appeals

Decided October 26, 2005No. 77A01-0504-CV-152PublishedCited by 43 opinions

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Tim L. Godby brought suit against Daniel K. Whitehead for legal malpractice. Godby alleged that Whitehead negligently failed to present a claim that Godby was denied the effective assistance of appellate counsel in his petition for post-conviction relief. In response, Whitehead filed a Trial Rule 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted. The trial court granted Whitehead's motion and dismissed the complaint with prejudice. Godby appeals and presents a single, dispositive issue for our review, namely,…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Baum v. StateIndiana Supreme Court · 1989
  3. Anderson v. AndersonIndiana Court of Appeals · 1979
  4. Adkins v. DixonSupreme Court of Virginia · 1997
  5. Godby v. StateIndiana Court of Appeals · 2004

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3Cited by43 opinions

  1. Robert Allen Barker v. Donald H. Capotosto and Thomas M. MageeSupreme Court of Iowa · 2016
  2. Mashaney v. Board of Indigents' Defense ServicesSupreme Court of Kansas · 2015
  3. American Heritage Banco, Inc. v. McNaughtonIndiana Court of Appeals · 2008
  4. Newland Resources, LLC v. Branham Corp.Indiana Court of Appeals · 2009
  5. Correia v. FaganMassachusetts Supreme Judicial Court · 2008

38 more not listed; retrieve them via the Exa API.

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