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McKNIGHT v. PUBLIC DEFENDER OFFICE

936 A.2d 1036 (2007)

397 N.J. Super. 265

Garvin McKNIGHT, Plaintiff-Appellant, v. OFFICE OF the PUBLIC DEFENDER and Kevin Walshe, Esq., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 2007.

Attorney(s) appearing for the Case

Kenneth S. Thyne, Totowa, argued the cause for appellant (Roper & Twardowsky, attorneys; Mr. Thyne, on the brief).

Karen L. Jordan, Deputy Attorney General, argued the cause for respondents (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Ms. Jordan, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider when a plaintiff's malpractice action against his criminal defense attorney accrues and whether—as held by other jurisdictions— the accrual date is impacted by whether a plaintiff is actually innocent of or has been exonerated from the underlying criminal charges. Because these additional elements tend to produce unpredictable...

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