Haney v. Capriola CA1/4
Representing himself, plaintiff Monte Haney, an inmate in state prison, sued his former, court-appointed appellate attorney, William J. Capriola, for legal malpractice allegedly committed in the appeal of an underlying criminal action. Capriola demurred on various grounds, including that Haney had not and could not plead facts establishing his “actual innocence.” The trial court sustained the demurrer and entered judgment in favor of defendant Capriola. On appeal, Haney contends his legal malpractice claim does not require him to establish “actual innocence.” We disagree and affirm.
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