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   State Courts - Iowa - March 15, 2006

  
State v. Rater, No. 6-099 / 05-0726, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: In a willful injury case, the trial judge did not need to recuse himself under Iowa Code Jud. Conduct 3(C)(1)(a) or Iowa Code § 602.1606(1) based on prior dealings with defendant when the judge was county attorney as there was no evidence of personal bias or prejudice.

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State v. Rowley, No. 6-021 / 05-0691, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: District court did not err in refusing to review the constitutional issues raised for the first time in appellant's motion for nunc pro tunc, filed more than 40 days after his initial petition requesting a restitution hearing, because under the Iowa Rules of Civil Procedure there was no way to consider the motion as an amendment to his petition.

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State v. Zhang, No. 6-088 / 05-0886, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: District court did not abuse its discretion by not granting defendant a deferred judgment following his conviction for indecent exposure, in violation of Iowa Code § 709.9 (2003), where it fully considered all of the relevant factors, balanced the factors, and felt that a deferred judgment would send an inappropriate message to defendant.

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US Bank, N.A. v. Chadima (In re Estate of Chadima), No. 6-013 / 05-0380, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: In a declaratory action filed by the estate's executor requesting the division of funds received by the deceased and her son to settle a lawsuit, the trial court's allocation of the settlement proceeds was proper as there was no evidence that the deceased made a completed gift of her share of the settlement proceeds to her son.

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Willenbring v. Roepcke, No. 6-112 / 05-1261, COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Pursuant to Iowa Code § 598.41, court did not err in awarding joint legal custody and primary physical care of daughter to mother subject to reasonable visitation by father based on, mother's role as child's primary caretaker, mother's ability to better support child's relationship with father, and child's relationship with her older half-brother.

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