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   State Courts - Iowa - April 12, 2006

  
State v. Polson, No. 6-153 / 05-0593, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Jury's verdict convicting defendant of attempted burglary was supported by substantial evidence and district court did not err in denying his motion for judgment of acquittal, as defendant made threats against victim's sons, he was armed with knife, he stabbed screen door and broke glass, and he admitted his anger with victim and her sons.

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State v. Reader, No. 6-222 / 05-0451, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Evidence was sufficient to sustain a second-degree robbery conviction, under Iowa Code § 711.1, where defendant approached the victim, grabbed her ATM card, money, and receipt from her hands, and the physical contact between the two was caused by defendant's overt act of forcibly taking the victim's possessions.

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State v. Sahir, No. 5-940 / 04-2042, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Defendant's counsel was ineffective for not objecting to court's consideration of the existence of protective orders as sentencing enhancements to defendant's stalking conviction without presenting them to the jury, thus violating defendant's Fifth Amendment right to due process, Sixth Amendment right to a jury trial, and Iowa R. Crim. P. 2.19(9).

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State v. Sumba, No. 6-219 / 05-0271, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: In trial for criminal mischief, evidence was insufficient to sustain defendant's conviction of criminal mischief in the fourth degree, pursuant to Iowa Code § 716.6, because there was no evidence to support a claim that the criminal mischief resulted in damage in excess of $ 200.

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State v. Thomas, No. 6-061 / 05-0069, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Sufficient evidence supported defendant's conviction for willful serious injury under Iowa Code § 708.4(1) because his own witnesses placed him at a bar near the stabbing victim's home, he returned to the bar and stated that he participated in assault, and victim identified defendant and the co-conspirator within minutes of the attack at the bar.

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State v. Vignaroli, No. 6-240 / 05-1071, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: In an operating while intoxicated case, defendant's sentence was vacated under Iowa R. Crim. P. 2.23(3)(d) and the case was remanded for resentencing, because the district court failed to give any reasons for the sentence it imposed.

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State v. Yates, No. 6-009 / 05-0129, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Tunstall v. State, No. 6-135 / 05-0858, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Turner v. State, No. 6-111 / 05-1259, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Defendant did not preserve error on claim that defense counsel was ineffective for failing to object to evidence of his prior bad acts against women other than ex-girlfriend and did not file motion to amend or enlarge, Iowa R. Civ. P. 1.904(2). Defense counsel, as trial strategy, chose not to introduce certain letters, which was reasonable.

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United Coop. Ass'n v. Kaeser, No. 5-968 / 05-0747, COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: District court did not err in reducing damages of an association, an agricultural cooperative, from $ 31,507.08 plus 18 percent interest to $ 1594.70 as association did not carry its burden of proof as a matter of law due to its failure to consider its accounting entry errors, which resulted in compounded interest on amounts admittedly not owed.

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