Legal Opinion

Dalton Trigg v. Steven Farese, Sr.

Mississippi Supreme Court

Decided November 29, 2018No. 2015-CA-00045-SCTPublishedCited by 19 opinions

1Opinion of the Court

ISHEE, JUSTICE, FOR THE COURT:

¶ 1. Dalton Trigg and his father, Dr. Stephen Trigg, sued Dalton's former criminal-defense attorney, Steven Farese Sr., alleging professional malpractice. The Lafayette County Circuit Court held that the claims were premature because Dalton had not yet secured postconviction relief from the underlying conviction, and it dismissed the complaint without prejudice.

¶ 2. This case presents the question of whether a convicted criminal may sue his former defense attorney for negligently causing him to be convicted while that conviction still stands. We join the…

2Cases cited43 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Stevens v. BisphamOregon Supreme Court · 1993
  4. Donna Lowe v. Town of Fairland, Oklahoma Beverly Hill Don Jones Shirley Mangold and Loretta VinyardCourt of Appeals for the Tenth Circuit · 1998
  5. Caves v. YarbroughMississippi Supreme Court · 2008

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3Cited by19 opinions

  1. Allen v. Lyons & Farrar, P.A.District Court, S.D. Mississippi · 2019
  2. Angela T. Lairy, Turner & Associates, PLLC, Carolyn T. Karriem and the Estate of Bennie L. Turner v. Lori ChandlerMississippi Supreme Court · 2022
  3. BancorpSouth Bank, Walter S. Pearson and Jane C. Pearson v. Bruce Sweet Potato, IncCourt of Appeals of Mississippi · 2020
  4. Bert Martin v. Anne Smith and Jeremiah JohnsonCourt of Appeals of Mississippi · 2025
  5. Bridge Properties of Lafayette, LLC and Bridge Properties of Mississippi, LLC v. 1000 Jefferson, LLC and Corey A. AlgerCourt of Appeals of Mississippi · 2023

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