Mashaney v. Board of Indigents’ Defense Services
Kansas Supreme Court
355 P.3d 667 (2015)
Relevant factsFree
Jason Mashaney (plaintiff), represented by the Board of Indigents' Defense Services (the board) (defendant), was convicted of sodomy and related crimes; more than seven years later, his conviction was vacated, and he entered an Alford plea to lesser charges. Mashaney sued the board for legal malpractice, but the appellate court required him to affirmatively prove his actual innocence of the underlying crimes, and Mashaney appealed.
IssueFree
Whether a criminal legal malpractice plaintiff needs to prove actual innocence in addition to being exonerated from the crime.