The Virginia Court of Appeals reinstated a pro se defendant’s legal malpractice suit against his attorney who represented him in an underlying trial that left him serving almost a decade in prison for allegedly stealing deli sandwiches and two cases of beer from a grocery store.

The appellate court held Tuesday that Mark O’Hara Wright adequately pleaded that he was actually innocent for the criminal offense of grand larceny from a person and cleared the way for Wright to proceed with the legal malpractice suit against his attorney who represented him in the underlying case, Andrew C. Graves.