By The Law Offices of John Day, P.C. on Mar 19, 2025 05:43 am
A legal malpractice claim filed eighteen months after the Court of Appeals affirmed the underlying conviction was time-barred. In Lee v. Richardson, No. M2024-01130-COA-R3-CV (Tenn. Ct. App. Feb. 21, 2025), the Court of Appeals affirmed dismissal of a pro se legal malpractice complaint based on the statute of limitations. The plaintiff sued several defendant attorneys, all of whom had represented him during various stages of an underlying criminal case. The plaintiff asserted that the defendants failed to properly investigate or assert arguments that the criminal court did not have territorial jurisdiction of the kidnapping charge. The trial court noted that the plaintiff had made this territorial jurisdiction argument at all levels of his criminal case, including the Court of Criminal Appeals, which rejected the argument and affirmed the plaintiff’s conviction. The Court also pointed out that the Court of Criminal Appeals affirmed the plaintiff’s conviction on November 10, 2022, and issued the mandate back to the trial court on January 26, 2023. The trial court accordingly found that the legal malpractice complaint filed in June 2024 was time-barred, and the Court of Appeals affirmed.
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