‘Factually and Actually Innocent’: Imprisoned Virginia Man Can Proceed With Legal Malpractice Case Against Defense Attorney
“We are not persuaded by Graves’s claim that Wright’s exoneration in the Fourth Circuit was ‘premised upon a legal technicality.’ To be sure, Wright’s habeas claim succeeded because Graves should have recognized that grand larceny from the person was not a lesser-included offense of robbery,” Raphael wrote. “But the question here is whether Wright pleaded facts showing that he was actually innocent of grand larceny from the person. He did.”
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