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Dissent.pdf

2020-02-21.blacklock.pdf
Preview of Dissent
🔗 Source: docs.texasappellate.com
📊 Size: 55 KB
📄 Pages: 9 pages
⬇️ Downloads: 100

Summary

The Texas Supreme Court announces a new rule for tolling the statute of limitations in malpractice suits against criminal defense lawyers, stating that "limitations should run during periods when neither a direct appeal nor a post-conviction proceeding is pending." However, Justice Blacklock dissents, arguing that this rule is an unjustifiable expansion of the existing Hughes rule, which tolls the statute of limitations until all appeals on the underlying claim are exhausted. Blacklock believes that the new rule could lead to stale claims being litigated and undermine the Legislature's policy decisions regarding statutes of limitation. In the case of Patricia Skelton, her malpractice claim would be barred by the two-year statute of limitations under the new rule, but the Court expands the rule to allow her claim to proceed.

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The Texas Supreme Court announces a new rule for tolling the statute of limitations in malpractice suits against criminal defense lawyers, stating that...

Technical Information

  • File Format: PDF
  • File Size: 55 KB
  • Pages: 9
  • Language: EN
  • Total Downloads: 100
  • Last Updated: 6 days ago

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