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   State Courts - Iowa - July 26, 2006

  
In the Interest of K.A.K., No. 6-262 / 06-0334, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Court affirmed order finding children in need of assistance pursuant to Iowa Code § 232.2(6)(b), (c)(2), and (g) (2005) because their mother had been homeless, lived a nomadic lifestyle, had no means of financial support, and would not reveal current address to the court. Court also determined that Parental Kidnapping Prevention Act did not apply.

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In the Interest of K.Y., No. 6-513 / 06-0791, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Order terminating parents' rights to their child pursuant to Iowa Code § 232.116(1)(d), (f), and (l) was upheld where the risk of harm presented by their unresolved and chronic substance abuse outweighed any other consideration. The mother had used illegal drugs during the pendency of the proceedings while the father had been in an out of prison.

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In the Interest of M.L.S., No. 6-485 / 06-0719, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Pursuant to Iowa Code § 232.116(1)(l), the mother's parental rights to two children were properly terminated as it was children's best interests given the troubling history of the mother's substance abuse and her repeated exposure of the children to the dangers arising from her drug addiction. There was no evidence mother would maintain sobriety.

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In the Interest of W.D.-C., No. 6-567 / 06-0826, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Termination of mother's parental rights was upheld under Iowa Code § 232.116(1)(h), as she did not dispute that all four elements supporting termination were proven by clear and convincing evidence, and more time would not improve situation; although mother claimed that she maintained sobriety since her arrest, that was result of her incarceration.

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Lee v. Pocahontas Area Cmty. Sch. Dist. Bd. of Dirs., No. 6-244 / 05-1150, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: In a teacher's challenge to his termination by the school district board of directors, the evidence did not support his assertion that he did not have a fair and impartial tribunal under Iowa Code § 279.18 as the board was neither the sole investigative vehicle nor the prosecutor, and no evidence supported his assertion that the board was biased.

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Maeschen v. State, No. 6-449 / 05-1007, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: In a manufacture of methamphetamine case, the State did not fail to disclose evidence as required by Iowa R. Crim. P. 2.14(2)(a)(2) as defendant and his accomplice were not charged in the same trial information, and were not co-defendants.

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McConnell v. Leimbacher, No. 6-191 / 05-1148, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Court modified a custody order and granted a father primary physical care of his child because he met his burden of showing a substantial change in circumstances in that the mother failed to adequately supervise the child while he was in her care and as a result he was injured. The father showed that he would provide superior care.

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Mickens v. The Pawn Store, No. 6-370 / 05-1162, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Court did not err in finding for pawn broker in customer's suit alleging breach of contract and conversion as, although pawn ticket was signed by customer alone, the parties' repeated past conduct provided substantial evidence that her companion, having possession of pawn ticket in question, was authorized to reclaim a ring pawned by the customer.

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Moraine v. Fogwell, No. 6-447 / 05-0654, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: The district court did not err in concluding that the child should be placed in the father's physical care where, pursuant to Iowa Code § 498.41(3), the father was a very stable and responsible individual, and the child had spent considerable time with the father, and would be able to visit with her sister during visitation.

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Muller-Reese v. Reese, No. 6-467 / 05-2094, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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