Peeler v. Hughes & Luce
Supreme Court of Texas
909 S.W.2d 494 (1995)
Under federal investigation for tax fraud, Peeler (plaintiff) hired attorney Darrell Jordan of Hughes & Luce (defendants), admitted many of the underlying factual allegations in her deposition, was indicted on 21 counts, and accepted a plea deal pleading guilty to one count with the rest dismissed; only after sentencing did she learn the prosecution had reportedly offered her attorney a transactional immunity deal in exchange for her cooperation as a witness, which Jordan claimed he never received. Peeler sued Hughes & Luce for malpractice, alleging Jordan never communicated the immunity offer, but the state court of appeals ruled against her, and she sought review from the Texas Supreme Court.
Whether a criminal defendant who pled guilty and was convicted may sue her defense attorney for malpractice based on an allegedly uncommunicated immunity offer, without first having her conviction overturned and being exonerated.