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California Supreme Court: prisoners must get lawyer when challenging convictions for killings committed by others

JURIST

The California Supreme Court held Monday that prisoners are entitled to a lawyer before a trial court can consider their record of conviction in determining whether the prisoners may challenge their murder convictions for killings committed by others.

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Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Day on Torts

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn.

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Legal Malpractice Claim Filed More than One Year after BPR Complaint was Untimely.

Day on Torts

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

This two step analysis was not followed by the trial court in this case. The 500,000+ word book (and two others, Tennessee Law of Civil Trial and Compendium of Tennessee Tort Reform Cases ) is available by subscription at www.birddoglaw.com and is continually updated as new decisions and statutes impact Tennessee law.