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   State Courts - Iowa - April 14 - April 21, 2006

  
Iowa Grocery Indus. Ass'n v. City of Des Moines, No. 40 /04-1914, SUPREME COURT OF IOWA, April 14, 2006, Filed
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Overview: Because Des Moines, Iowa, Ordinance § 10-54(3) (2004) conflicted with regulation of liquor licensing under the Iowa Alcoholic Beverages Control Act, the ordinance was preempted and the district court correctly declared the ordinance illegal and correctly entered summary judgment in favor of a grocers' association in its declaratory judgment action.

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Iowa Supreme Court Atty. Disciplinary Bd. v. Walker, No. 31 / 05-1989, SUPREME COURT OF IOWA, April 14, 2006, Filed
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Overview: Attorney was suspended indefinitely with no reinstatement for 6 months for violations of Iowa Code Prof. Resp. DR 1-102(A)(1), 1-102(A)(4), 1-102(A)(5), 1-102(A)(6), 6-101(A)(3), 7-101(A)(1), 7-101(A)(2) and 7-101(A)(3) for neglecting client's legal matters, making misrepresentations to court and a client, and not responding to disciplinary board.

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Passehl Estate v. Passehl, No. 27 / 04-0874, SUPREME COURT OF IOWA, April 14, 2006, Filed
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Overview: Trial court erred by enforcing a penalty provision in a settlement agreement regarding the estate's transfer of land the tenants had occupied because the estate failed to perform its obligations under the agreement where the deed presented by the estate contained an incorrect property description, thus the penalty provision was never triggered.

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Sturm v. Peoples Trust & Sav. Bank, No. 23 / 04-1139, SUPREME COURT OF IOWA, April 14, 2006, Filed
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Overview: Even if a bank had failed to comply with 12 U.S.C.S. § 2603, which provided for the development and use of a standard form disclosure statement called "HUD-1," the borrower had no cause of action; § 2603 did not provide a private cause of action for its violation even though other provisions in RESPA specifically stated a private remedy existed.

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Sieh v. Sieh, No. 04-1219, SUPREME COURT OF IOWA, April 19, 2006, Filed
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Iowa Supreme Court Atty. Disciplinary Bd. v. McGrath, No. 113 / 05-0575, SUPREME COURT OF IOWA, April 21, 2006, Filed
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Overview: Grievance Commission did not err in denying attorney's motion to compel discovery because the Disciplinary Board's investigation files were protected from discovery under Iowa Ct. R. 34.4(2), as well as investigator's testimony. Also attorney's attempt to exchange sex for legal services was clearly improper under Iowa Code Prof. Resp. DR 1-102.

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Kruse v. Iowa Dist. Court, No. 37/04-0078, SUPREME COURT OF IOWA, April 21, 2006, Filed
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Overview: Although probationer pled guilty to assault, rather than sexual abuse, the district court did not err in ordering him to register as a sex offender under Iowa Code § 692A.2(1) because his offense fell within the definition of "criminal offense against a minor" in Iowa Code § 692A.1(5), which included any indictable offense involving sexual conduct.

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Maghee v. Reade, No. 39 / 03-0841, SUPREME COURT OF IOWA, April 21, 2006, Filed
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Overview: A prisoner was not entitled to appointment of counsel at state expense in a proceeding pursuant to Iowa Code § 610A.3 where earned time credit deductions were imposed for filing frivolous lawsuits because the loss of credits did not actually extend the prisoner's sentence and the proceeding was more like a prison disciplinary proceeding.

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