The Iowa Supreme Court expects to file opinions in two cases on Friday, February 26, 2021.
19–1558 Clark v. State
In plaintiff’s action against the State alleging legal malpractice by the assistant state public defender who had represented him during his criminal trial, the State was granted interlocutory review of a district court order granting plaintiff a partial summary judgment. The State contends the district court erred by ruling plaintiff could use offensive issue preclusion to establish his trial counsel’s breach of duty based on an earlier determination in postconviction relief proceedings that counsel had been ineffective.
19–1672 Earley v. Bd. of Adjustment of Cerro Gordo Cnty.
The trustees of the Mary Sue Earley Revocable Trust seek further review of the court of appeals’ opinion affirming the district court’s ruling affirming the Cerro Gordo County Board of Adjustment’s grant of an area variance to appellees Gregory Saul and Lea Ann Saul. They argue the court of appeals erred by creating a different standard than that employed with respect to a use variance.