Skip to content
Name: Redante v. Yockelson
Case #: D041480
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/30/2003
Subsequent History: None

Malpractice action by a criminal defendant against his appointed appellate counsel fails for lack of showing. Redante sued Yockelson, his appointed appellate attorney, for negligence in failing to timely file a habeas corpus petition and for failing to raise all arguable issues on appeal. The trial court granted Yockelson's summary judgment because Redante could not maintain a cause of action for legal malpractice against Yockelson without first establishing his actual innocence in a post-conviction judicial proceeding. The Court of Appeal here affirmed. Determining whether appellate counsel was ineffective depends on whether counsel failed to raise an "arguable" issue, that is,…

View Full Summary
Name: Bird, Marella, Boxer & Wolpert v. Superior Court (Reiner)
Case #: B162059
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/19/2003
Subsequent History: Order mod. opinion & Rehg. denied 3/17/03.

When the primary rights asserted in a complaint for legal malpractice by a convicted defendant are the rights to be billed in accordance with specific contractual provisions and to be free from unethical or fraudulent billing practices on the part of defense counsel, a criminal defendant client need not allege actual innocence in order to state a cause of action for breach of contract, breach of fiduciary duty, fraud, and money had and…

View Full Summary