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   State Courts - Iowa - June 28, 2006

  
Mehaffey v. City of Atl., No. 6-297 / 05-0236, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Denial of request for appointment of a commission of surveyors to resolve a boundary dispute was affirmed because the owners' own surveyor testified the city's Acquisition Plat did not affect the owners' ability to provide a legal description for the remaining property, in the eminent domain proceeding with the city.

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Miller v. Long, No. 6-385 / 05-1669, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: The district court's physical care determination in favor of the mother was appropriate pursuant to Iowa Code § 598.41 because placement with the mother offered the added benefit of allowing the child to remain with his primary caregiver, and because placement with the mother allowed the child to be raised in the same home as his half-brother.

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SKW Biosystems/Degussa Health & Nutrition v. Wolf, No. 5-973 / 05-1214, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Substantial evidence existed to support 60 percent industrial disability rating in a workers' compensation case where due to the employee's work restrictions, he was limited essentially to sedentary work for which he had little education and no vocational background. His work history was limited to agriculture and production work, most of it heavy.

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Seitz v. Dexter Co., No. 6-328 / 05-1639, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Iowa Workers' Compensation Commissioner's finding that a claimant did not suffer a work-related injury was supported by substantial evidence on the record when there was no conclusive diagnosis following an alleged head injury other than self-reported symptoms and when some of his doctors suspected he was exaggerating symptoms or malingering.

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Shurtleff v. Great Am. Ins. Co., No. 6-290 / 04-1093, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: District court did not err in granting summary judgment to an insurer finding that a milk trucking company was not insured under a farmers' organization's catastrophe liability policy because, whether the truck was viewed as "not owned" by the organization or as "hired" by the organization, it fell within the exception from coverage in the policy.

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State v. Akquar, No. 6-340 / 05-0654, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Defendant's burglary, sexual abuse, and indecent exposure convictions were affirmed and his specified claims of ineffective assistance of counsel were preserved for a possible postconviction proceeding, because the record was inadequate to address the claims on direct appeal; trial counsel had not been given opportunity to explain actions.

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State v. Allen, No. 6-230 / 05-0628, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: In defendant's appeal from drug conviction, judge's finding of probable cause was supported, even under the delineated requirements of Iowa Code § 808.3, because information from a confidential informant about drug sales was corroborated, and warrant application established informant's credibility.

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State v. Boggs, No. 6-453 / 05-1295, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Defendant's sentence of to six months with all but forty-five days suspended for her credit card fraud in violation of Iowa Code § 715A.6 was affirmed because even though her sentence was to run concurrent to a electronic home monitoring sentence for a crime committed in Illinois, it did not mean the court could not sentence her to jail time.

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State v. Bryant, No. 6-346 / 05-1129, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Upon review for errors at law, pursuant to Iowa. R. App. P. 6.4, appellate court concluded trial court did not err in sentencing defendant because, even if some offenses from defendant's juvenile record were mistakenly listed in his adult record, defendant had a lengthy history that trial court properly considered.

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State v. Hartson, No. 6-378 / 05-1390, COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Convictions were affirmed because defendant was competent to stand trial when there was substantial evidence in the record to support the district court's findings that defendant had the present ability to effectively assist in his defense, appreciate the charges, and understand the proceedings and his relation to the proceedings.

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