A sheriff's officer stands guard over inmates at the Twin Towers Correctional Facility in Los Angeles in 2017. Credit: AP Photo/Chris Carlson, File 'Factually and Actually Innocent': Imprisoned Virginia Man Can Proceed With Legal Malpractice Case Against Defense Attorney
"We are not persuaded by Graves's claim that Wright's exoneration in the Fourth Circuit was 'premised upon a legal technicality.' To be sure, Wright's habeas claim succeeded because Graves should have recognized that grand larceny from the person was not a lesser-included offense of robbery," Judge Stuart A. Raphae wrote. "But the question here is whether Wright pleaded facts showing that he was actually innocent of grand larceny from the person. He did."
October 20, 2023 at 03:03 PM
7 minute read
The Virginia Court of Appeals reinstated a pro se defendant's legal malpractice suit against his attorney who represented him in an underlying trial that left him serving almost a decade in prison for allegedly stealing deli sandwiches and two cases of beer from a grocery store.
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