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   State Courts - Iowa - March 28, 2007

  
State v. Gunther, No. 7-054 / 06-0018, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Statements made by defendant immediately after a shooting of a co-worker were admissible under Iowa R. Evid. 5.404(b) in a second-degree murder case involving another victim because, inter alia, they were relevant, they completed the story of the crime, they were necessary to avoid juror confusion, and they showed a motivation for the murder.

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State v. Harkins, No. 7-097 / 06-0660, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: In a sexual abuse case, defendant did not receive ineffective assistance when his counsel raised no argument about a hearsay objection under Iowa R. Evid. 5.801(c) regarding a question to the deputy as the question sought to establish the truth about whether the victim made statements to him about physically resisting defendant.

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State v. Holmes, No. 6-1079 / 06-0708, COURT OF APPEALS OF IOWA, March 28, 2007 , Filed
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Overview: Defendant was charged with burglary and several counts of forgery. Defendant's right to a speedy trial was not violated, under Iowa R. Crim. P. 2.8, because defendant effectively waived this right when defendant indicated that he planed to plead guilty, and he asked that the matter be set for guilty plea proceedings.

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State v. Marcott, No. 7-098 / 06-0730, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Defendant was entitled to resentencing after a trial court imposed consecutive sentences for third-degree theft and operating a vehicle without the owner's consent because the record did not show that any reasons were given for imposing consecutive sentences, contrary to the requirements of Iowa R. Crim. P. 2.23(3)(d).

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State v. Shipley, No. 7-055 / 06-0051, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Since the language of Iowa Code § 321.10 moved a certified abstract of a driving record from requirements of Iowa R. Evid. 5.902 to Iowa R. Evid. 5.901, it was properly admitted in a driving under revocation case. An officer's testimony about defendant's driving status was admissible because it was not offered for the truth of the matter asserted.

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Thielman v. Thielman, No. 7-034 / 06-1055, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Evidence was sufficient to prove former husband committed civil domestic abuse under Iowa Code ch. 236; in addition to former wife's testimony, there was evidence indicating wife's current partner observed husband engage in similar behavior on at least one prior occasion, and court saw letter from husband that shed light on parties' relationship.

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Union Planters, NA v. Fitzpatrick, NO. 7-060 / 06-0241, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: In an executor's action against several family members to regain money taken from a decedent, there was no error in allowing an amendment to an answer to add a statute of limitations defense under Iowa Code § 614.1(4) since such a defense was already asserted as to one claim; the limitations period had expired since the decedent had notice in 1997.

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Walter v. Grinnell Mut. Reinsurance Co., No. 6-1027 / 06-0310, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Where a district court applied the incorrect standard to a pedestrian's third-party bad faith claim, the insurer was entitled to summary judgment under the correct standard because the insurer believed it could defend successfully and the pedestrian's contributory fault meant the driver was not exposed to unreasonable financial risk.

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Williams v. Williams, No. 7-135 / 06-0444, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Wyatt v. Iowa Dep't of Human Servs., No. 7-062 / 06-0351, COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Trial court erred in reversing decision that appellee committed dependent adult abuse, in violation of Iowa Code § 235B.2(5)(a)(1)(a), where appellee put pillow over 82-year-old hospital patient's mouth to keep him from screaming. Appellee intended act that resulted in physical contact that was insulting or offensive, contrary to Iowa Code § 708.1.

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