Tuesday, December 6, 2011
The New Jersey Supreme Court has refined the concept of "exoneration" for purposes of a criminal defendant's claim of legal malpractice against defense counsel.
The malpractice plaintiff was convicted of drug offenses in 1999. In October 2007, the conviction was reversed for ineffective assistance of counsel. In July 2008, the indictment was dismissed. Notice of a tort claim was served in November 2008. He then filed suit against the public defender.
The court here held that the suit was filed within the statute of limitations because the moment of exoneration was dismissal of the indictment, not reversal of the conviction. However, the lower court must determine whether the notice of tort claim was filed beyone the required 90 days as a result of "extraordinary circumstances." (Mike Frisch)