LaMons v. Svetcov
Jonathan Harlen LaMons, appearing in propria persona, appeals from an adverse judgment entered on his complaint for legal malpractice against Sanford Svetcov, who was briefly LaMonss former attorney in a federal habeas corpus appeal. The trial court granted Svetcovs motion for judgment on the pleadings on the ground that LaMons could not state a claim for legal malpractice without first establishing his actual innocence in a postconviction judicial proceeding. LaMons contends that the actual innocence requirement is not applicable to a malpractice action arising out of negligent legal representation in habeas corpus proceedings. Court disagree and affirm the judgment.
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