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ABBOTT v. DeKALB

(CC 04CV0283ST; CA A131204; SC S056430).

211 P.3d 246 (2009)

346 Or. 306

Joel Terence ABBOTT, Petitioner on Review, v. Jacques A. DeKALB and State Of Oregon, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided June 18, 2009.

Attorney(s) appearing for the Case

Joel Terence Abbott filed the brief on behalf of himself.

Andrew C. Balyeat, Bend, filed the brief for respondent on review Jacques DeKalb.

Erin C. Lagesen, Assistant Attorney General, Salem, filed the brief for respondent on review State of Oregon.

Michael A. Greene, Portland, filed a brief for amicus curiae Oregon Trial Lawyers' Association.

PER CURIAM.

We allowed review in this case to decide a question about the rule set out in Stevens v. Bispham, 316 Or. 221, 238, 851 P.2d 556 (1993): that a person convicted of a crime cannot sue his or her defense attorney for legal malpractice — and thus that the statute of limitations on such an action does not begin to run — until "the person has been exonerated of the criminal...

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