TERRY LEE v. JOHNATHAN RICHARDSON, ET AL. - Articles

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Posted by: Azya Thornton on Feb 21, 2025

Court: TN Court of Appeals

Attorneys 1: Terry J. Lee, Hartsville, Tennessee, Pro Se.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter, Matt Rice, Solicitor General, and Peako Jenkins, Assistant Attorney General Attorney, for the appellee, Kelly Charland.

Attorneys 3: Dana C. McLendon III, Franklin, Tennessee, Pro Se.

Judge(s): CLEMENT

This appeal arises from a legal malpractice action filed by Terry J. Lee (“Plaintiff”) on July 11, 2024, against several attorneys who represented him at various times and in different aspects of his defense of a multi-count indictment and the appeal of his 2020 conviction on all counts, including kidnapping. Plaintiff asserted a cause of action for legal malpractice against the defendants, claiming that they “failed to investigate plaintiff’s [criminal] case to know that the court [Williamson County Criminal Court] did not have territorial jurisdiction to prosecute him on the kidnapping charge.” Plaintiff was convicted in 2020 and the Court of Criminal Appeals affirmed his conviction on all grounds effective January 26, 2023, when mandate issued. See State v. Lee, No. M2021-01084-CCA-R3-CD, 2022 WL 16843485 (Tenn. Crim. App. Nov. 10, 2022). After noting that the statute of limitations for legal malpractice claims, codified in Tennessee Code Annotated § 28-3- 104(c)(1), requires that the action be filed “within one (1) year after the cause of action accrued,” and that the claims accrued more than one year prior to the commencement of this action, the trial court dismissed the complaint as time barred. Plaintiff contends that this was error. Finding no error, we affirm.