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   State Courts - Iowa - August 25 - September 1, 2006

  
Miller v. Rohling, No. 22 / 04-0706, SUPREME COURT OF IOWA, August 25, 2006, Filed
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Overview: Finding that the property owners' grain storage and drying activity constituted a temporary nuisance to the residents under Iowa Code § 657.1 et seq. and common law was affirmed because there was evidence that since defendants began the grain operation on the property, the emissions affecting the residents' property had increased, causing damage.

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State v. Heemstra, No. 18 / 04-0058, SUPREME COURT OF IOWA, August 25, 2006, Filed
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Overview: Trial court erred by instructing the jury on felony murder under Iowa Code § 707.2 based on willful injury. The court held that if the act causing willful injury was the same act that caused the victim's death, the former was merged into the murder and therefore could not serve as the predicate felony for felony-murder purposes.

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Holland v. Shaeffer Pen Corp., No. 56 / 04-1645, SUPREME COURT OF IOWA, September 1, 2006, Filed
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Overview: Court of appeals erred in reversing district court on the basis of the proposed findings of the deputy commissioner. There was adequate evidence in the record to support the commissioner's conclusion that the claimant lacked credibility, and court of appeals was thus directed to affirm denial of workers' compensation benefits.

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