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State court of last resort · ST-VA-SC
Cox v. Geary
No. 050333Supreme Court of Virginia
050333 Cox v. Geary 01/13/2006 A plaintiff who was wrongly convicted of criminal charges suffered one indivisible injury in the conviction and imprisonment, giving rise to one cause of action. His release of t…
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050333 Cox v. Geary 01/13/2006 A plaintiff who was wrongly convicted of criminal charges suffered one indivisible injury in the c…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jan 13, 2006
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050333 Cox v. Geary 01/13/2006 A plaintiff who was wrongly convicted of criminal charges suffered one indivisible injury in the conviction and imprisonment, giving rise to one cause of action. His release of the Commonwealth after the General Assembly passed a compensation bill which he accepted, bars a legal malpractice claim against his former defense counsel. The Commonwealth and his former attorneys are not joint tortfeasors with respect to the wrongful incarceration, and thus Code § 8.01-35.1 is inapplicable. Under common law, his unconditional release of the Commonwealth bars recovery against his former counsel for the same injury, regardless of the theory on which the later claim is…
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