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   State Courts - Iowa - April 26, 2006

  
Showman v. Plastech Stamping Div., No. 6-170 / 05-1291, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Trial court erred in reversing the workers' compensation commissioner's penalty award to the employee under Iowa Code § 86.13 as the employer did not present any facts or reasoning at the administrative hearing to support its claim that the employee's claim based on mental injury was fairly debatable.

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Sioux Ctr. Cmty. Hosp. & Health Ctr. v. Bd. of Review, No. 6-169 / 05-1278, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: In a hospital's taxpayer protest to the assessment of its assisted and independent living facilities as residential, as the hospital failed to prove that the facilities were charitable operations, they were not exempt from taxation under the charitable exemption of Iowa Code § 427.1(8).

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State v. Bean, No. 6-198 / 05-1799, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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State v. Benson, No. 6-095 / 04-1036, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Evidence was insufficient to convict defendant of first-degree arson, Iowa Code § 712.2, as there was no evidence to indicate that anyone told him that they intended to enter house on the day he was accused of attempting to set fire to or blow up house; however, evidence was sufficient to enter a judgment of second-degree arson, Iowa Code § 712.3.

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State v. Bradford, No. 6-234 / 05-0778, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Pursuant to Iowa Code § 814.7, defendant's complaints of ineffective assistance of counsel could be raised directly in a postconviction relief application; defendant's conviction was affirmed and preserved for possible postconviction proceedings.

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State v. Goins, No. 6-075 / 05-0557, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Where it was clear that defendant could not have committed willful injury causing serious injury, Iowa Code § 708.4(1) (2003), without also committing assault causing serious injury, Iowa Code § 708.2(4) (2003), the two offenses merged and defendant's conviction of and sentence for assault causing serious injury was vacated.

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State v. Howard, No. 6-147 / 04-1662, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Evidence was sufficient to convict defendant of first-degree murder and first-degree robbery under Iowa Code §§ 707.2, 711.2 as defendant boasted to his friends that he had killed someone for a stolen Jeep and the Jeep was later found abandoned with defendant's fingerprints in it and items purchased with the victim's stolen debit card.

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State v. Kuduzovic, No. 6-236 / 05-0879, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Defendant's conviction for domestic abuse assault causing bodily injury was upheld, as defendant's claims that counsel was ineffective for failing to object to his wife's testimony that she was pregnant when defendant abused her were preserved for postconviction relief, because appellate court found the record insufficient to resolve the claims.

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State v. Lattmann, No. 6-192 / 05-1188, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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State v. Marlenee, No. 6-096 / 04-1755, COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Court did not abuse its discretion in sentencing defendant to a term of incarceration greater than that which was contemplated by plea agreement where court fully complied with requirements of Iowa R. Crim. P. 2.10(4) by explaining its discretion to reject sentencing recommendations of parties; court gave defendant opportunity to withdraw his plea.

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