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| Bowman v. State, No. 117 / 03-1769,
SUPREME COURT OF IOWA, February 17, 2006, Filed
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Overview: Counsel was ineffective, under Sixth Amendment, for failing to object to the questioning of petitioner where, instead of presenting the evidence for the jury to consider under the instructions of the court, prosecutor chose to engage in an all-out, name-calling attack, including asking petitioner to comment on the credibility of other witnesses.
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| Iowa Supreme Court Atty. Disciplinary Bd. v. Clauss, No. 144 / 05-1133,
SUPREME COURT OF IOWA, February 17, 2006, Filed
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Overview: In attorney disciplinary proceeding, attorney's conflicted actions in representing two clients, whose interests were adverse, violated Iowa Code Prof. Resp. DR 5--105 because, although the attorney had obtained waivers, he failed to fully disclose the nature of the conflicts to each client.
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| McNertney v. Kahler, No. 136 / 04-1012,
SUPREME COURT OF IOWA, February 17, 2006, Filed
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Overview: District court did not err in granting summary judgment to an executor ruling deceased grantee's addition of individual's name as grantee on a deed was a nullity as deceased grantee had not signed the altered deed and he made alteration without original grantor's knowledge, and admitted allegations, which included the altered deed, were sufficient.
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| Meyer v. IBP, Inc., No. 141 / 04-1911,
SUPREME COURT OF IOWA, February 17, 2006, Filed
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Overview: Workers' compensation commissioner's denial of benefits to an employee with carpal tunnel was error as the arising-out-of element under Iowa Code § 85.3(1) did not support the denial; the basic issue turned on whether the employee's injury manifested itself before or after he became the employer's employee, a finding the commissioner never made.
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| State v. Duncan, No. 142 / 04-0062,
SUPREME COURT OF IOWA, February 17, 2006, Filed
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Overview: In a murder case, where defendant relied on evidence of his past abuse to support his claim of self-defense, he could not then, on appeal, urge reversal on the grounds that such evidence was irrelevant and prejudicial because that argument was barred under the rule of preclusion of inconsistent positions, and therefore, the error was waived.
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| Iowa Supreme Court Atty. Disciplinary Bd. v. D'Angelo, No. 03 / 05-1589,
SUPREME COURT OF IOWA, February 24, 2006, Filed
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Overview: Attorney's license to practice law was suspended where he misappropriated client funds, practiced law after his license was suspended, Iowa Code Prof. Resp. DR 3-101, neglected his clients, made misrepresentations to the court, and repeatedly failed to cooperate with the Iowa Attorney Disciplinary Board.
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| Lange v. Iowa Dep't of Revenue, No. 2 / 04-1298,
SUPREME COURT OF IOWA, February 24, 2006, Filed
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Overview: Court erred in overturning decision denying taxpayers' request to apply their overpayment of 1996 taxes to their 1997 tax obligation where the 1996 return was filed in 2001. Taxpayers failed to prove that their claim for credit was filed within three years after the return upon which credit claimed became due, as required by Iowa Code § 422.73(2).
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| State v. Tate, No. 139 / 04-1690,
SUPREME COURT OF IOWA, February 24, 2006, Filed
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Overview: Defendant's conviction and sentence for voluntary absence were upheld because he failed to prove by preponderance of evidence that but for his counsel's failure to file a motion in arrest of judgment after judge did not mention consecutive sentence requirement in Iowa Code § 901.8, there was reasonable probability that he would have gone to trial.
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