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SHAW v. STATE, DEPT. OF ADMIN., PDA

No. S-3720.

816 P.2d 1358 (1991)

John J. SHAW, Appellant, v. STATE of Alaska, DEPARTMENT OF ADMINISTRATION, PUBLIC DEFENDER AGENCY, and David C. Backstrom, Appellees.

Supreme Court of Alaska.

August 30, 1991.

Attorney(s) appearing for the Case

Joseph L. Paskvan, Hoppner & Paskvan, P.C., Fairbanks, for appellant.

Randy M. Olsen, Asst. Atty. Gen., Fairbanks, and Douglas B. Baily, Atty. Gen., Juneau, for appellees.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

RABINOWITZ, Chief Justice.

John Shaw brought suit against David Backstrom and the Public Defender Agency alleging legal malpractice. The superior court granted summary judgment, concluding that the action was barred by the statute of limitations. We reverse and hold that a convicted criminal defendant must obtain post-conviction relief as a precondition to maintaining a legal malpractice claim against his...

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