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   State Courts - Iowa - August 11 - August 18, 2006

  
Kistler v. City of Perry, No. 44 /04-1459, SUPREME COURT OF IOWA, August 11, 2006, Filed
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Overview: City ordinance under which owners' vehicles were seized denied them their procedural due process rights under Iowa Const. art. I, § 9 as it failed to give any meaningful notice as to what could be seized or what limits were imposed on the powers of the enforcement officer.

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McVey v. Nat'l Org. Serv., No. 24 / 04-1769, SUPREME COURT OF IOWA, August 11, 2006, Filed
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Overview: Trial court erred in granting an employer summary judgment on its former employee's challenge to her termination following a positive drug test for marijuana as a genuine issue of material fact existed as to whether the company drug-testing policy was received by the employee, as required by Iowa Code § 730.5.

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State v. Nitcher, No. 55 /05-0198, SUPREME COURT OF IOWA, August 11, 2006, Filed
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Overview: Defendant did not receive ineffective assistance of counsel under the Sixth Amendment or the Iowa Constitution due to the failure to challenge search of a residence because there was probable cause to believe that the occupants were engaged in criminal activity based on, inter alia, the smell of ether and the sound of a person running from a door.

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Iowa Supreme Court Atty. Disciplinary Bd. v. Meggers, No. 74 / 06-0549, SUPREME COURT OF IOWA, August 18, 2006, Filed
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Overview: State supreme court adopted the recommended discipline and indefinitely suspended an attorney who violated Iowa Code Prof. Resp. DR 6-101(A)(3) by neglecting a client's legal matter and violated Iowa Code Prof. Resp. DR 1-102(A)(5) by failing to respond to the inquiries of the Iowa Supreme Court Attorney Disciplinary Board.

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Martin v. Martin, No. 77 /05-0101, SUPREME COURT OF IOWA, August 18, 2006, Filed
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Overview: Quitclaim deed that a son executed in favor of his father and himself as cotenants was invalid pursuant to Iowa Code § 561.13 as § 561.13 made a deed invalid without the signature of both spouses. Thus, as the quitclaim deed was not signed by the son's wife, even though they were in the midst of a divorce, the deed was invalid.

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Stammeyer v. Div. of Narcotics Enforcement of the Iowa Dep't of Pub. Safety, No. 83 / 05-0711, SUPREME COURT OF IOWA, August 18, 2006, Filed
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Overview: State trooper sought veterans' preference when he applied for intra-agency transfer to Division of Narcotics Enforcement. Trial court did not err in dismissing action because, according to collective bargaining agreement, there was no such preference, and Iowa Code ch. 35C did not grant a veterans' preference for intra-agency transfers.

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