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   State Courts - Iowa - January 20 - January 27, 2006

  
Spiker v. Spiker, No. 147 / 04-1182, SUPREME COURT OF IOWA, January 20, 2006, Filed
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Overview: District court was correct that res judicata did not bar a mother's petition to modify a grandparent visitation order because the unconstitutionality of Iowa Code § 598.35(1) (2001) was a substantial change in circumstances that justified terminating the order.

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State v. Allen, No. 137 / 04-1561, SUPREME COURT OF IOWA, January 20, 2006, Filed
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Overview: Because a correctional facility was not a "detention facility" under Iowa Code § 719.8 (2003), there was no factual basis supporting defendant's guilty plea to introducing a controlled substance into a detention facility and because counsel was ineffective for not challenging plea for lack of a factual basis, defendant's conviction was reversed.

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Comes v. Microsoft Corp., No. 145 / 05-0097, SUPREME COURT OF IOWA, January 27, 2006, Filed
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Overview: Finding that collateral estoppel would apply to findings of fact arising from a prior federal antitrust litigation was reversed and remanded because the district court's application of the "necessary and essential" requirement of collateral estoppel was too broad.

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Dickens v. Associated Anesthesiologists, P.C., No. 143 / 04-0973, SUPREME COURT OF IOWA, January 27, 2006, Filed
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Overview: Dismissal of the medical negligence action was reversed because dismissal against the anesthesiologist and nurse for lack of jurisdiction was not res judicata and was not the type of dismissal that would preclude the claimant from proceeding on his claims against the company on a theory of respondeat superior.

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