In a recent ruling, the Virginia Court of Appeals has given the green light for a pro se defendant’s legal malpractice suit against his own defense attorney. Mark O’Hara Wright has spent almost a decade in prison for alleged theft of deli sandwiches and two cases of beer from a grocery store, a sentence that’s now under question due to alleged attorney missteps. The suit is forming against Andrew C. Graves, who was Wright’s representation during the underlying case.
Reinstating the suit, the appellate court stated that Wright’s claims sufficiently demonstrated he was actually innocent of the charge of grand larceny from a person. The court further struck down Grave’s assertion that Wright’s exoneration in the Fourth Circuit was solely due to a ‘legal technicality’. The presiding judge clarified that Wright’s habeas claim succeeded because the charge of grand larceny from a person should not have been considered a lesser-included offense of robbery. Thus, this case questions the very nature of the arguments Greg presented during the trial.
For further details on this ongoing legal battle, Law.com can provide more context. This case represents a crucial development in understanding the role and responsibilities of defense attorneys, and the measures recourse available for defendants who feel their representation was inadequate.