Morgano v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “in order to prevail at trial, the [criminal malpractice] plaintiff must prove actual innocence of the underlying charge”
• plaintiff must obtain post-conviction relief in order to overcome a motion for summary judgment
• ‘‘to prevail at trial, the plaintiff must prove actual innocence of the underlying charge’’
• “[T]he plaintiff must 26 plead that he or she has obtained appellate or post-conviction relief in order to overcome a motion 27 for summary judgment or a motion to dismiss.”
• where instances of alleged negligence are based primarily on 5 the ineffective assistance of counsel, post-conviction proceedings, rather than civil 6 proceedings, provide litigants with a more appropriate forum to present their 7 claims
• “We now hold that, to state a claim for legal malpractice against private criminal defense counsel.... the plaintiff must plead that he or she has obtained appellate or post-conviction relief in order to overcome a motion for summary judgment or a motion to dismiss.”

Source: CourtListener parenthetical corpus (CC0).