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   State Courts - Iowa - April 28 - May 5, 2006

  
Iowa Supreme Court Atty. Disciplinary Bd. v. Dull, No. 43 / 05-2024, SUPREME COURT OF IOWA, April 28, 2006, Filed
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Overview: Attorney's license to practice law was suspended for two years where she appeared in court while under influence of alcohol, was convicted of a felony, neglected legal matters, and failed to respond to inquiries during disciplinary proceedings. In so doing, she violated Iowa Code Prof. Resp. DR 7-106(C)(6) and 1-102(A)(5)-(6), among other rules.

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State v. Leckington, No. 17/04-1361, SUPREME COURT OF IOWA, April 28, 2006, Filed
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Overview: Evidence was insufficient to sustain defendant's convictions under Iowa Code §§ 726.3 and 726.6 (2003) where the evidence showed that he had merely acquiesced in his wife's decision to leave a child unsupervised in their home and his mere presence as an adult in a car while they were driving to the home did not show he had control of the child.

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State v. Leckington, No. 20/04-1368, SUPREME COURT OF IOWA, April 28, 2006, Filed
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Overview: Sufficient evidence supported defendant's conviction for child endangerment resulting in serious injury under Iowa Code § 726.6(4) as defendant exhibited necessary control over child by picking him from a third party's apartment after that party told her that child was intoxicated and then moved him, in his vulnerable condition, to her own home.

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Fairfax v. Oaks Dev. Co., No. 140/04-1729, SUPREME COURT OF IOWA, May 5, 2006, Filed
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Overview: In a forfeiture matter, district court erred in determining that a development company's notice of forfeiture was sufficient under Iowa Code § 656.2 because notice was served on only one of two vendees, which was not valid personal service on both.

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Green v. Racing Ass'n of Cent. Iowa, No. 11 / 04-0758, SUPREME COURT OF IOWA, May 5, 2006, Filed
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Overview: Racing association that barred certain jockeys from access to a racetrack pending an investigation into an alleged racial harassment incident was entitled to summary judgment on the jockeys' due process claim under 42 U.S.C.S. § 1983 because the racing association was not so involved with the county to be rendered a state actor.

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Hallett Constr. Co. v. Meister, No. 135 / 04-0525, SUPREME COURT OF IOWA, May 5, 2006, Filed
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Overview: Landowners' claim to recover property against mineral rights lessee was governed by 10-year statute of limitations, Iowa Code § 614.1(5), and thus not barred because relief sought was recovery of real property and fraud was merely incidental in proving no valid contract existed, but fraud claim was barred by 5-year limitations statute, § 614.1(4).

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