Carol C. Peeler, Petitioner v. Hughes & Luce and Darrell C. Jordan, Respondents

Summary

The Texas Supreme Court affirmed the appellate court's summary judgment granting defense counsel summary judgment, holding that a convicted criminal may not sue an attorney for legal malpractice or DTPA claims unless the conviction has been overturned or the client has been exonerated. The Court also rejected the petitioner’s constitutional challenges under the open‑courts, equal‑protection, and outlawry provisions. Justice Hightower concurred and Chief Justice Phillips dissented, arguing that the plaintiff could prove causation where an offer of transactional immunity was not communicated.