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   State Courts - Iowa - March 15, 2006

  
AMCO Ins. Co. v. Estate of Wehde, No. 5-961 / 05-0503, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Court did not err in granting summary judgment to insurers holding they had no duty to defend or indemnify as insured's acts in killing alleged intruder were not covered; insurers presented evidence of farm master policy indicating language about reasonable force was not a part of insured's policy and insured failed to provide evidence to contrary.

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Bailey v. State, No. 5-921 / 05-0810, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Harrison v. State, No. 6-094 / 04-0761, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Appellant's application for postconviction relief was properly dismissed under Iowa Code § 822.6 as circumstances surrounding his stop provided reasonable grounds for invoking implied consent, Iowa Code § 321J.2; troopers described appellant's behavior and opined as to why he exhibited signs of impairment at the stop but not during evaluation.

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Hoversten v. Iowa DOT, No. 5-985 / 05-0399, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Decision revoking appellant's driver's license was affirmed because the request to answer a ringing telephone was not the same as a request to make a telephone call and an officer's admonition to appellant that if he answered the phone he "better be quick" did not deny appellant the right to make a phone call provided by Iowa Code § 804.20.

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In re Det. of Hollins, No. 5-846 / 04-1829, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: The adjudication and commitment of the individual as a sexually violent predator pursuant to Iowa Code § 229A.1 et seq., was appropriate where he failed to make an adequate record supporting his claim that individuals in an Iowa Code § 229A proceeding bear a disproportionate risk of erroneous confinement.

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In re Estate of Riebhoff, No. 5-883 / 05-0895, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: District court correctly applied Iowa Code § 633.436 (2003) to decide the order in which bequests in decedent's will stood in relation to a debt he owed where his will stated that his debts "be first paid out of my estate"; such language was a general direction that was not sufficient to overturn the operation of § 633.436.

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In re Goodman, No. 6-022 / 05-0752, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Court erred when it ordered father to reimburse mother for uncovered medical expenses incurred in 2003 that exceeded $ 500 where court interpreted Iowa Ct. R. 9.12 too strictly. Because mother's unemployment was voluntary, court should have imputed yearly income to her and required her to pay share of 2003 expenses proportionate to her net income.

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In re Marriage of Klein, No. 5-657 / 04-0845, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Trial court's spousal support award to the wife was not an abuse of discretion as the parties were in a long marriage, the wife substantially contributed to the earnings for the family through the husband's business but had no employment skills nor developed skills which would help her find employment to support her standard of living.

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In re Marriage of Riemenschneider, No. 6-139 / 05-1358, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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In re Marriage of Soloski, No. 6-011 / 05-0310, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Under Iowa Code § 598.21(3) (2003), a $3,000 award of alimony that terminated on certain events was equitable in amount and duration because the wife received 1 million dollars in assets, the division of retirement and investment accounts were sufficient to secure retirement, and the wife had a college degree and substantial employment.

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