Professor Alberto Bernabe -
The John Marshall Law School
Sunday, February 20, 2011
NJ Appellate Court Finds Innocence is Not a Prerequisite to Malpractice Suits by Criminal Defendants
In a decision that breaks away from the majority view throughout the states, an appellate court in New Jersey has found that a convicted criminal defendant does not have to prove actual innocence as part of his prima facie case of negligence against his former criminal defense lawyer. The case is called Marrero v. Feintuch.