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   State Courts - Iowa - July 12, 2007

  
In the Interest of J.T., No. 7-452 / 07-0901, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Termination of a mother's parental rights under Iowa Code § 232.116 was proper as she chose to pursue a relationship with her boyfriend at the expense of parenting her child, the boyfriend had a previous confirmed child abuse report, and their association had led to a history of emotional and physical abuse, violence, and drug use.

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In the Interest of K.K., No. 7-421 / 07-0648, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Denial of the motion to transfer jurisdiction of the child in need of assistance proceeding to the tribal court was affirmed because the mother's objection to the transfer involved her desire to have legal representation, which was not inconsistent with the purposes of the Indian Child Welfare Act as outlined in Iowa Code § 232B.2.

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In the Interest of M.R.H., No. 7-450 / 07-0589, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: References to father's probationary status and characterization of his employment history as unstable did not require reversal of termination of parental rights; court did not mention the fact of discharge, but it accurately described father's three-decade history of illegal drug use, including several relapses in year before termination hearing.

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In the Interest of M.W., No. 7-451 / 07-0788, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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In the Interest of N.L.B., No. 7-390 / 07-0673, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Termination of parental rights was appropriate, Iowa Code § 232.116(1)(d), (h), as mother had not progressed to degree warranting return of son. At time of hearing, she lived with individual she met in treatment, and court questioned propriety of moving in with substance abuser and believed it would hinder her long-term prospects for sobriety.

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In the Interest of R.H., No. 7-424 / 07-0836, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Juvenile court properly placed child in Another Planned Permanent Living Arrangement (APPLA) and extension of reunification efforts under Iowa Code § 232.104(2)(b) was not in child's bests interests; inter alia, despite receipt of an abundance of services, at time of permanency hearing mother was not in position to have child returned to her care.

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Karns v. Lipovac, No. 7-216 / 06-1543, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: In a customer's slip and fall case against a corporation (which owned the residence where a tenant held a garage sale in the driveway), summary judgment in favor of the corporation was improper as a lease agreement between the tenant and the corporation did not specify which party was in control of the driveway area at the time of the accident.

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Kinney v. State, No. 7-239 / 06-1284, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: In a willful injury and criminal mischief case where the postconviction applicant crashed into a casino and injured people, denial of his motion for postconviction relief based on counsel's failure to argue an intoxication defense was proper as the purported experts were not prepared to testify that he was unable to form specific intent.

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Koehn v. Clary, No. 7-273 / 06-1180, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Court did not err in directing specific performance of oral agreement under exception in Iowa Code § 622.33 after finding existence of oral contract between seller and purchaser for sale of portion of real estate; purchase money was placed in escrow and parcel had been surveyed, but purchaser was to take action necessary to correct erroneous plat.

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Nellis v. Town of Sutherland, No. 7-415 / 06-2043, COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Town did not owe duty of care to plaintiff, who attended street dance held in town as part of Labor Day celebration, as town did not hold its land open to public for its business purposes. Town's limited involvement with celebration was insufficient to render it possessor of land who held it open to public for entry for business purposes.

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