KANSAS CITY, MO. (AP) -- An appeals court ruling says that Missouri public defenders can be sued by former clients.
The decision, made Wednesday by a Western District appeals court panel, was the first time the immunity issue was addressed by Missouri courts.
It overturned a ruling by a Boone County judge, who dismissed a Missouri prisoner's lawsuit. Inmate Bernardo Costa alleged that his public defender failed to call witnesses whom Costa wanted to testify on his behalf in a post-conviction hearing.
The appeals court did not address the merits of Costa's claim.
It only said that the lower court erred and ordered the case sent back to trial court for further proceedings.
Missouri Department of Corrections records show that Costa is serving a prison sentence for statutory rape.
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