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ADVANCE SHEET HEADNOTE
February 28, 2005
No. 04SA190 – In re: Smith v. Truman legal malpractice,
postconviction relief
The Colorado Supreme Court holds that Dominic Smith need
not seek or obtain postconviction relief before he can bring a
legal malpractice claim against a criminal defense attorney who
represented him in a vehicular homicide case. Smith did not seek
postconviction review of the conviction, but sued his defense
attorney for malpractice. The district court denied the
attorney’s motion to dismiss the claim against him, but
indicated in its order that some form of postconviction relief
was a prerequisite to maintaining suit and stayed the civil
proceedings to allow Smith to file a Crim. P. 35(c) motion.
Applying our decision in the companion case, Rantz v. Kaufman,
__ P.3d __ (Colo. 2005), the supreme court holds that Smith need
not be exonerated of the underlying crime before he can bring
suit. Accordingly, the court makes the rule to show cause
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absolute and orders the district court to lift the stay and
allow the civil suit to proceed.
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SUPREME COURT, STATE OF COLORADO
Two East 14th Avenue
Denver, Colorado 80203
Original Proceeding Pursuant to C.A.R. 21
Boulder County District Court, Case No. 03CV723
Honorable Carol Glowinsky, Judge
Case No. 04SA190
In Re:
Plaintiff:
DOMINIC M. SMITH,
v.
Defendants:
CRAIG L. TRUMAN and CRAIG L. TRUMAN, P.C.
RULE MADE ABSOLUTE
EN BANC
February 28, 2005
Meier & Giovanni
Doug Meier
Lakewood, Colorado
Anne Whalen Gill, P.C.
Anne Whalen Gill
Castle Rock, Colorado
Attorneys for Petitioner
Montgomery Little & McGrew, P.C.
Christopher B. Little
Englewood, Colorado
Attorneys for Respondents
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CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court.
JUSTICE BENDER does not participate.
I. Introduction
In thi