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   State Courts - Iowa - August 23, 2006

  
Bradford v. State, No. 6-493 / 05-1528, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Although no expert was retained to testify at a postconviction hearing regarding effects of crack cocaine, there was no reasonable probability that the trial's outcome would have been altered by procurement of the stated expert testimony. Therefore, postconviction counsel breached no essential duty that worked to prejudice the applicant.

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Buenaventura v. State, No. 6-572 / 05-1493, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Appellate counsel was not ineffective for failing to argue that an inmate's Sixth Amendment rights were violated when he was not informed of his right to contact a consulate under the Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261; the exclusionary rule did not apply to evidence obtained in violation of such.

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Calinger v. Konz, No. 6-215 / 05-0041, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Because a client did not comply with Iowa Code § 617.3, the district court did not obtain personal jurisdiction over an attorney in the client's legal malpractice action. Even though the attorney's petition to set aside the default judgment was filed years after he learned about the judgment, there was no reason to justify denying his petition.

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Cornell v. Grinnell Mut. Reinsurance Co., No. 6-431 / 05-1632, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Judgment entered by the lower court, pursuant to a jury verdict in favor of the insured for certain damages to the insured's car, was affirmed. The lower court properly excluded evidence on the issue of the insurer's bad faith and interference with a contract because denial of the claim was objectively reasonable.

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Dinkla v. Guthrie County Bd. of Review, No. 6-556 / 05-1662, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: After an apartment complex owner succeeded in having his property reclassified from commercial to residential, the trial court erred in reversing the county board of review's decision to increase the property's valuation as Iowa Code § 499B.11 required the apartments and the garage unit on the property to be valued separately.

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Gillespie v. Second Injury Fund of Iowa, No. 6-519 / 04-1492, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Where an employee sought Second Injury Fund benefits based on a prior loss from rheumatoid arthritis and a second loss as a cumulative injury, because rheumatoid arthritis was an unscheduled injury under Iowa Code § 85.34(2), the employee's rheumatoid arthritis failed to trigger Second Injury Fund liability.

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Hoffmann v. Iowa Bd. of Nursing, No. 6-542 / 05-1403, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Finding a violation of patient confidentiality in violation of Iowa Code § 147.55(3)(1999) because a nurse's children were paid by a doctor to assist in the copying of patient records by pressing the start button and by ensuring that only one page went through machine at a time was unreasonable, arbitrary, capricious, and an abuse of discretion.

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In re Det. of Millsap, No. 6-557 / 05-1675, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: As the definition of the term "relationship" under Iowa Code § 229A.2(6) had no temporal requirement with respect to the length of the relations between the offender and his victim, the evidence was sufficient to find defendant to be a sexually violent predator based on his long criminal history of sexually abusing minor children.

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In re Marriage of Anglin, No. 6-472 / 06-0028, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Court vacated portion of an order in a child support dispute because a father's child support obligation could not be retroactively decreased, but court affirmed as to prospective reduction because district court properly used income averaging to account for variations in father's overtime and it properly declined to impute income to either party.

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In re Marriage of Burley, No. 6-586 / 06-0302, COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Considering the factors set forth in Iowa Code § 598.41, the court affirmed the award of physical care of the child to the husband and affirmed the scope of visitation given to the wife. Although both parents were capable of caring for their daughter there was evidence that the daughter was thriving at the Iowa home with the husband.

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