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CLARK v. STATE

No. 19-1558.

955 N.W.2d 459 (2021)

Donald CLARK, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

Filed February 26, 2021.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Jeffrey S. Thompson , Solicitor General, Noah Goerlitz and David M. Ranscht , Assistant Attorneys General, for appellant.

Frank J. Nidey and Clemens A. Erdahl of Nidey, Erdahl, Meier & Araguas, P.L.C., Cedar Rapids, and Thomas P. Frerichs of Frerichs Law Office, P.C., Waterloo, for appellee.

Oxley, J., delivered the opinion of the court, in which all justices joined.

A criminal defendant who successfully overturns his conviction based on ineffective assistance of counsel may bring a legal malpractice action against his former attorney. Can he then use that successful action to stop his former attorney from claiming he did not breach any duties in the subsequent malpractice action? That question...

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