Another State Supreme Court, here Idaho, has abandoned the actual innocence rule. That rule holds that a criminal defendant cannot sue his lawyer for legal malpractice unless he establishes actual innocence.
The court explained:
This Court has addressed a legal malpractice claim arising from a criminal case only once, in Lamb v. Manweiler, 129 Idaho 269, 923 P.2d 976 (1996). Lamb did not address the statute of limitations issue; however, Lamb did address—in dicta—the actual innocence element. Id. at 272, 923 P.2d at 979. Before the appeal reached this Court, the Idaho Court of Appeals vacated and remanded the district court’s grant of summary judgment. In doing so, the Idaho Court of Appeals addressed an issue of first impression in Idaho: where a legal malpractice suit stems from the representation of a client in a criminal prosecution, must a plaintiff prove actual innocence? The Idaho Court of Appeals held that a plaintiff must prove that he or she was in fact innocent of a crime. Manweiler petitioned this Court for review, and this Court affirmed the district court’s grant of summary judgment. This Court did not expressly require actual innocence as an element of the claim; rather, it stated that “Lamb does not dispute the proposition that in a legal malpractice action arising from representation of a defendant in a criminal proceeding, the person pursuing the claim must establish the additional element of actual innocence of the underlying criminal charges.” Id.