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SALISBURY v. COUNTY OF ORANGE

No. G032270.

31 Cal.Rptr.3d 831 (2005)

131 Cal.App.4th 756

Chad SALISBURY, Plaintiff and Appellant, v. COUNTY OF ORANGE et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

July 28, 2005.

Attorney(s) appearing for the Case

Law Office of William J. Kopeny & Associates and William J. Kopeny, Irvine, for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Nancy E. Zeltzer and Gary M. Lape, Costa Mesa, for Defendants and Respondents.

OPINION

SILLS, P.J.

Chad Salisbury was convicted of felony assault with a hate crime enhancement. He obtained a new trial based on newly discovered evidence and the ineffective assistance of his counsel, an Orange County deputy public defender. On retrial, he was acquitted. Salisbury then brought this action for legal malpractice against the public defender.

The trial court bifurcated the issue of Salisbury's actual innocence and tried it without...

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