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JOHNSON v. BABCOCK

03C-13019; A124778.

136 P.3d 77 (2006)

206 Or. App. 217

Dwayne JOHNSON, Appellant, v. Gary D. BABCOCK, Respondent.

Court of Appeals of Oregon.

Decided May 31, 2006.

Attorney(s) appearing for the Case

Marianne Dugan argued the cause for appellant. With her on the briefs was Facaros & Dugan.

Janet M. Schroer, Portland, argued the cause for respondent. With her on the brief were Cecil A. Reniche-Smith, Portland, and Hoffman, Hart & Wagner, LLP.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ORTEGA, Judge.

ORTEGA, J.

Plaintiff appeals a judgment dismissing, on defendant's ORCP 21 A(8) motion, plaintiff's claim for legal malpractice. The issue on appeal is whether, in a malpractice action arising from legal representation in a criminal matter, a plaintiff sufficiently pleads the required element of harm when he alleges that, as a result of his attorney's negligence, he received a legally impermissible sentence and later obtained federal habeas corpus relief from that...

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