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   State Courts - Iowa - September 7, 2006

  
Arndt v. City of LeClaire, No. 6-387 / 05-1694, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Trial court properly reversed a workers' compensation commissioner's denial of an employee's request for benefits as the employee properly reported that he injured himself the day after the injury, and a representative of the employer testified that the employee had been injured at work.

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Brezina v. Iowa DOT, No. 6-527 / 05-0789, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Appellate court reversed the extension of the revocation of a driver's license for six years because under Iowa Code § 321.318(3) as the license was initially revoked for 90 days for driving on a suspended license, the Department of Transportation could only extend the revocation for an additional 90 days.

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Cheek v. ABC Bev. Mfrs., Inc., No. 6-630 / 05-1962, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Trial court did not abuse its discretion in denying the employee's motion for leave to amend because the employee was seeking to introduce new issues, including previously unspecified damages, nearly three weeks after the close of pleadings and less than six weeks before trial.

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Currie v. State, No. 6-468 / 05-2107, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Applicant was properly denied postconviction relief because given strong evidence of his involvement in planning and executing robbery, counsel's failure to call identification expert to discredit prosecution's identification methodology did not affect outcome of trial; applicant failed to show how identification methodology was unduly suggestive.

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Eaton v. Second Injury Fund of Iowa, No. 6-300 / 05-0381, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Trial court properly affirmed the agency's denial of an employee's petition for workers' compensation benefits for a cumulative injury from the Second Injury Fund of Iowa under Iowa Code § 85.64 as the Fund's obligation could not be assessed until the employer's liability was fixed.

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Harford v. Enviromental Mgmt. Servs., No. 6-636 / 05-2116, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Decision of the trial court affirming the decision of the Workers' Compensation Commissioner, which found that the employee was entitled to a 30% permanent partial disability, was affirmed, pursuant to Iowa Code § 17A.19 and Iowa Code § 86.26. There was substantial evidence supporting the findings that employee could return to gainful employment.

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In re Marriage of Baird, No. 6-638 / 06-0089, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Appellate court affirmed a trial court's award of the value of firearms that a husband brought into the marriage to both the husband and the wife as Iowa Code § 598.21(1)(b) only required that the value of the firearms be considered in the equitable distribution of the property.

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In re Marriage of Beckman, No. 6-457 / 05-1527, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Trial court made an appropriate assessment of how the former wife's inheritance received during the marriage should be treated when it required the former husband to restore a portion of the wife's inheritance used for marital expenses, pursuant to Iowa Code Ann. § 598.21(1) and (2) (2005). The decree of dissolution was affirmed.

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In re Marriage of Hynick, No. 6-578 / 05-2103, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: The denial of the father's request for joint physical care of the mother and father's child was improper because the father was a capable and loving parent. Further, although his conduct constituted a history of domestic abuse, the court was not persuaded that it should preclude joint physical care under the circumstances.

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In the Interest of A.G.R., No. 6-706 / 06-1171, COURT OF APPEALS OF IOWA, September 7, 2006, Filed
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Overview: Trial court's decision to terminate the mother's parental rights pursuant to Iowa Code § 232.116 was affirmed because at the time of the hearing the mother continued to have a substance abuse problem and had not otherwise complied with the requirements needed for reunification. Termination was in the children's best interests.

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