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| In re Det. of Shearer, No. 5-858 / 05-0048,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: In a sexually violent predator commitment case, a court properly admitted expert testimony, Iowa R. Evid. 5.702, regarding the patient's lifetime risk of recidivism, using actuarial risk assessment instruments, because they were not used as the "end-all" in evaluating the patient and use of them was accompanied by a full clinical evaluation.
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| In re Marriage of Sanchez, No. 5-707 / 04-1981,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: The trial court did not err by effectuating a division of real property amongst the divorcing parties under Iowa Code § 598.21(1) where one property was acquired by the wife with funds amassed prior to the marriage and the husband's claim that he performed substantial physical labor and made extensive repairs on certain properties was baseless.
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| In re Marriage of Wallace, No. 5-810 / 05-0049,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Considering factors in Iowa Code § 598.21(3) (2003), award of traditional alimony to a wife was equitable where the parties were married almost 20 years, husband earned more than wife, and although wife had potential to become self-supporting, she would only do so at a level of income substantially lower than what she enjoyed during the marriage.
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| In re Marriage of Weatherbee, No. 5-719 / 05-0803,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: The trial court's allocation of dependent exemptions to the noncustodial parent, the father, on his application to modify a dissolution decree was reversed because, under Iowa Ct. R. 9.6(4), the mother was entitled to the exemptions and the father had not shown the exemptions were necessary to achieve an equitable resolution.
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| In re Property Seized from Flores, No. 5-954 / 05-0217,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Refusal to grant the State in rem forfeiture of personal property was affirmed because the owner satisfied his burden to demonstrate the "punishment" occasioned by the proposed forfeiture of his $ 30,000 truck would bear a grossly disproportional relationship with the gravity of his offense, a class D felony, and the extent of his culpability.
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| In the Interest of A.D., No. 5-929 / 05-1792,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Termination of parental rights under Iowa Code § 232.116(1)(h) was affirmed as one ground was sufficient and termination was in child's best interest; the mother did not demonstrate a commitment to having the child returned to her care. The evidence showed the child would likely be subjected to adjudicatory harm if returned to the mother's care.
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| In the Interest of A.R., No. 6-002 / 05-1902,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Termination of father's parental rights under Iowa Code § 232.116(1)(e) (2005) was affirmed where he last visited his child several years earlier and had only spoken to her on the phone once since that time; the father allowed years to pass before he attempted to become a presence in his child's life and his efforts came too late.
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| In the Interest of C.G., No. 6-001 / 05-1811,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Mother's parental rights were properly terminated under Iowa Code § 232.116(1)(f), (h), because her children could not be safely returned to her care, as mother was involved in abusive relationship, her parenting skills had not progressed to point where she could provide adequate care, and she had problems with anger management and substance abuse.
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| In the Interest of D.R., No. 5-928 / 05-1514,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Legal guardian of a minor child, the child's maternal grandmother, failed to preserve error as to any objections she might have had to the termination of the guardianship because she stipulated to the termination of the guardianship before the juvenile court during proceedings terminating the parents' rights.
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| In the Interest of D.W., No. 6-004 / 05-1901,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Termination of the mother's parental rights was affirmed because the State made reasonable efforts to provide visitation to the mother, given that she lived in another state throughout much of the case and was not always available for in-person or telephone visits, and the State engaged in reasonable efforts to offer services to the mother.
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