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   State Courts - Iowa - May 25 - June 8, 2007

  
Hannan v. State, No. 49 / 05-0146, SUPREME COURT OF IOWA, May 25, 2007, Filed
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Overview: Denial of postconviction relief was reversed and remanded for a new trial because the petitioner's right to counsel was violated, when the trial court did not conduct the all important colloquy to make sure the petitioner properly waived his right to counsel.

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Iowa Supreme Court Atty. Disciplinary Bd. v. Johnston, No. 02 / 06-1362, SUPREME COURT OF IOWA, May 25, 2007, Filed
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Overview: Court imposed indefinite suspension of attorney's practice of law because, inter alia, the attorney engaged in misconduct under Iowa Code Prof. Resp. DR 1-102 as his conduct during a client transaction, including pursuing redemption of property after attaining an assignment of the client's right of redemption, was accompanied by unethical purpose.

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Taylor v. Cent. City Cmty. Sch. Dist., No. 12 / 05-1047, SUPREME COURT OF IOWA, June 1, 2007, Filed
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Overview: Contested ballots could not be counted under Iowa Code § 49.98, because voter intent could not be derived from the ballots, when the voters failed to enter any mark of any kind in the target opposite the word "Yes" or "No," which violated Iowa Code §§ 49.46 and 49.92.

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State v. Stohr, No. 05-1107, SUPREME COURT OF IOWA, June 5, 2007, Decided, June 5, 2007, Filed
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Iowa Supreme Court Atty. Disciplinary Bd. v. Tompkins, No. 62 / 07-0132, SUPREME COURT OF IOWA, June 8, 2007, Filed
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Overview: While the lawyer neglected his representation of one client and allowed another client's appeal to be administratively dismissed, in violation of Iowa Code Prof. Resp. DR 6-101(A)(3) and Iowa R. Prof. Conduct 32:1.1, public reprimand was an appropriate sanction as little prejudice was caused to either client.

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Rowling v. Sims, No. 43 / 05-0947, SUPREME COURT OF IOWA, June 8, 2007, Filed
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Overview: In an injured driver's negligence action arising from a car accident, a legal excuse instruction was improper because, instead of blindly pulling onto the road, there were other reasonably practicable actions the merging driver could have taken to comply with her duty to yield the right-of-way as required by Iowa Code § 321.353(2).

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State v. Smitherman, No. 112 / 05-0692, SUPREME COURT OF IOWA, June 8, 2007, Filed
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Overview: In a murder case, because defendant failed to show his counsel's performance was adversely affected by the alleged conflict of interest wherein his former attorney was representing a prosecution witness against defendant, defendant failed to establish a violation under Iowa Const. art. I, § 10 and was not entitled to a new trial.

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