ABBOTT v. DEKALB

04CV0283ST; A131204.

190 P.3d 413 (2008)

221 Or. App. 339

Joel Terence ABBOTT, Plaintiff-Appellant, v. Jacques A. DeKALB and State of Oregon, Defendants-Respondents.

Court of Appeals of Oregon, En Banc.

Decided July 23, 2008.

Resubmitted En Banc June 4, 2008.


Attorney(s) appearing for the Case

Joel Terence Abbott filed the briefs pro se.

Andrew C. Balyeat, Julie L. Gregory, Jeffrey T. Eager, and Balyeat & Gregory, LLP, Bend, filed the brief for respondent Jacques DeKalb.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Erin C. Lagesen, Assistant Attorney General, filed the brief for respondent State of Oregon.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.


SCHUMAN, J.

Plaintiff brought this legal malpractice action against his trial and appellate counsel after he received post-conviction relief in the criminal case in which they had represented him. He appeals from adverse judgments, both of which were based in part on the trial court's ruling that his action was time barred because it was filed more than two years after his malpractice claim accrued. We affirm.

In the underlying criminal case, plaintiff was...

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