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SMITH v. TRUMAN

No. 04SA190.

115 P.3d 1279 (2005)

In re: Dominic M. SMITH, Plaintiff, v. Craig L. TRUMAN and Craig L. Truman, P.C., Defendants.

Supreme Court of Colorado, En Banc.

February 28, 2005.

Attorney(s) appearing for the Case

Meier & Giovanni, Doug Meier, Lakewood, Anne Whalen Gill, P.C., Anne Whalen Gill, Castle Rock, for Petitioner.

Montgomery Little & McGrew, P.C., Christopher B. Little, Englewood, for Respondents.

MULLARKEY, Chief Justice.

I. Introduction

In this original proceeding, the petitioner, Dominic M. Smith, asks us to determine whether a criminal defendant must initiate and prevail in postconviction proceedings before he can maintain a legal malpractice action against his former criminal defense attorneys. We address this issue today in a companion case, In re: Rantz v. Kaufman, ___ P.3d ___, 2005 WL 452056 (Colo.2005), and decide that a criminal...

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