Trigg v. Farese

Dalton Trigg and his father, Dr. Stephen Trigg, sued Dalton’s former criminal-defense attorney, Steven Farese Sr., alleging professional malpractice. The circuit court held that the claims were premature because Dalton had not yet secured postconviction relief from the underlying conviction, and it dismissed the complaint without prejudice. The issue this case presented for the Mississippi Supreme Court's review centered on whether a convicted criminal could sue his former defense attorney for negligently causing him to be convicted while that conviction still stood. The Court held that a convict must “exonerate” himself by obtaining relief from his conviction or sentence before he could pursue a claim against his defense attorney for causing him to be convicted or sentenced more harshly than he should have been. To the extent prior decisions of the Court or the Court of Appeals suggested otherwise, they were overruled. View "Trigg v. Farese" on Justia Law