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IAC on appeal that led to belated appeal did not state claim for legal malpractice without allegation of actual innocence

By John Wesley Hall, Jr.

Legal malpractice action for failing to pursue a criminal appeal which led to successful post-conviction relief that got the plaintiff an appeal failed to state a claim for relief. The plaintiff did not allege that he was innocent, only that he was delayed in appealing for 54 months. Shah v. Boyle, Boyle & Paulus, S.C., 2008 WL 283159 (E.D. Wis. January 31, 2008): Plaintiff subsequently commenced a federal post-conviction proceeding under 28 U.S.C. § 2255 in this court asserting ineffective assistance of counsel on the part of defendants. By order of July 28, 2006, I found that defendants had, in fact, violated plaintiff's Sixth Amendment right to the effective assistance of counsel and reinstated plaintiff's appeal rights. Shah v...continue to full post

Full post as published by Law Of Criminal Defense on February 06, 2008 (boomark / email).