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Criminal Law

: Law Of Criminal Defense

NJ: Guilt relevant to criminal defense malpractice

By John Wesley Hall, Jr.

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Sued for Malpractice, Defense Lawyer Can Allege Client's Guilt by Mary Pat Gallagher in The Philadelphia Legal Intelligencer, January 28, 2011: A criminal defense lawyer sued for malpractice should have been allowed to pursue evidence to bolster his claim that the ex-client was convicted because he was guilty, a New Jersey appeals court says. Tuesday's precedential ruling in Marrero v. Feintuch [No. http://www.judiciary.state.nj.us/opinions/a5879-09.pdf, January 25, 2011] reverses a decision quashing a subpoena issued on behalf of Howard Feintuch, of Feintuch Porwich & Feintuch in Jersey City, N.J. Hudson County Superior Court Judge Bernadette DeCastro found the evidence was not relevant and that the "suit within a suit" approach should not be used in trying criminal legal malpractice actions...continue to full post

Full post as published by Law Of Criminal Defense on January 31, 2011 (boomark / email).

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