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BARKER v. CAPOTOSTO

No. 14-1550.

875 N.W.2d 157 (2016)

Robert Allen BARKER, Appellant, v. Donald H. CAPOTOSTO and Thomas M. Magee, Appellees.

Supreme Court of Iowa.

February 5, 2016.

Attorney(s) appearing for the Case

Ashleigh E. O'Connell Hackel (until withdrawal) and J. Campbell Helton of Whitfield & Eddy, P.L.C., Des Moines, for appellant.

Alexander E. Wonio and David L. Brown of Hansen, McClintock & Riley, Des Moines, for appellee Thomas M. Magee.

Donald H. Capotosto, West Bend, pro se.

This case asks us to determine whether a criminal defendant who sues his or her attorney for legal malpractice must prove actual innocence as a precondition to recovery. In Trobaugh v. Sondag, 668 N.W.2d 577, 583 n. 4 (Iowa 2003), we reserved judgment on this question.

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