Q: Writ of habeas corpus, granted, conviction vacated, grounds of ineffective assistance of PDs office. can I sue my attor
I was violated for a probation violation which invoked a 5yr suspended sentence. My public defender needed only to access a online superior court of California registry to prove my factual innocence and failed to do so even when the judge told her, during the trial, "Do you have any proof of Mr. Mccurdy being at that hearing?
It would be quite compelling in regards to the judgment im about to give. She said, Nope and went on to say his probation officer said he wasn't and continued to compound her failure by volunteering her thoughts and becoming a witness for the prosecution by saying,"It was early in Covid and Riverside courts weren't doing in person hearings so San Diego probably wasn't either." I completed my sentence before the 4th appellate court granted my writ and the Supreme Court of California, Riverside. Vacated my conviction in a exparte hearing. I had never been to prison before and never would have if she spent 5 minutes checking a public online record.
A:
Yes, with a factual finding of innocence, a legal malpractice case is possible.
Consult with a Legal Malpractice Certified Specialist.
2 users found this answer helpful
A: Yes. A finding of factual innocence will allow you to pursue a malpractice claim. There are Governmental Tort Claims deadlines, which are shorter than a statute of limitations, so consult with an attorney soon.
2 users found this answer helpful
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