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   State Courts - Iowa - February 1, 2006

  
Indianola Cmty. Sch. Dist. v. Allen, No. 5-857 / 05-0038, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Remand of the case to the Iowa Workers' Compensation Commissioner was affirmed because the arbitration decision did not acknowledge the parties' stipulation concerning the employee's injury, and the employee was denied her right to notice of the issues the Commissioner treated as contested.

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Lopatka v. State, No. 6-005 / 04-0798, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: District court properly denied appellant's application for postconviction relief. Although appellant had the right to force by subpoena the testimony of three criminalists, he did nothing to make them witnesses. Thus, appellant's Sixth Amendment right to confront the witnesses against him was not violated.

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Michels v. Wells Fargo Bank, No. 5-733 / 04-1018, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: District court did not err in granting summary judgment to a bank on assignor's claims against it, alleging breach of contract and fraud among other things; the third party on whose behalf the assignor assigned his life insurance policy to the bank might have engaged in deceptive acts, but no evidence showed that the bank was responsible.

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Morrill v. Cedar Valley Pro Fitness & Martial Arts Club, Inc., No. 5-852 / 04-1925, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Judgment in favor of the fitness club in the claimant's personal injury suit was reversed and remanded because the district court erred in admitting the magazine article, when the article constituted inadmissible hearsay, and the absence of prejudice had not been affirmatively shown.

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Panora State Bank v. Dickinson, No. 5-836 / 04-1498, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Pursuant to Iowa Code § 554.1201(26), bank properly notified debtor of sale of assets as bank sent notice to correct address, in a timely manner, and in proper form, via certified mail, as required by Iowa Code §§ 554.9611-.9613; any lack of notice was due to debtor's own actions in refusing delivery, and "second try" at delivery was not required.

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Robinson v. State, No. 5-911 / 04-1770, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Denial of application for postconviction relief was affirmed because the inmate failed to establish that his current postconviction claim fell within the stated exception to the three-year statute of limitations under Iowa Code § 822.3.

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Ryan Cos. US, Inc. v. Mahoney, No. 5-893 / 05-0496, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Appeal was dismissed because the district court's written ruling and order did not adjudicate the rights of the buyers, thus, the district court's order was not a final judgment.

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Stanley & Elwood Farms v. First Nat'l Bank, No. 5-738 / 04-1381, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Dismissal of the claims for intentional interference with contracts and prospective contracts was affirmed because the borrowers failed to prove the bank improperly interfered with their landlord-tenant relationships, whether they were characterized as contracts or prospective business relationships.

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State v. Crytser, No. 5-794 / 04-1950, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Defendant's sentence, which included an additional term of parole or work release after expiration of his period of confinement, was affirmed because it was authorized by Iowa Code § 709.8 (2001), § 709.8 was more specific than the general sentencing provisions of Iowa Code § 902.9, and the two code sections could be given concurrent effect.

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State v. Garcia, No. 5-949 / 05-0156, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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