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| Mitchell v. Lane, No. 5-900 / 05-1062,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: The trial court erred by denying the father's petition for custody of the parties' son where the mother's role as primary care provider of the child was secured only by her act of absconding with the child, the mother was unable to maintain consistent employment, and her commitment to sobriety was doubtful.
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| O'Brien v. Timp, No. 5-800 / 05-0956,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Court's award of joint physical care, Iowa Code § 598.41, was proper where both parents had the capability, desire, and maturity to effectively provide for the child's physical and emotional well-being, and the child's best interests were served most effectively by ensuring maximum physical contact with both parents.
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| Oliphant v. Zubrod, No. 5-765 / 05-0170,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Judgment in favor of the cemetery was affirmed because substantial evidence supported the finding that the owner's predecessor in title and the cemetery mutually recognized and acquiesced in the barbed wire fence serving as the boundary between their property for the ten-year period prescribed in Iowa Code § 650.14.
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| Orsdall v. City of Des Moines, No. 4-110 / 03-0701,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Summary judgment for city was affirmed because the city enjoyed immunity from liability for the allegedly negligent acts asserted by plaintiffs; by its own terms, insurance policy did not waive the city's Iowa Code § 670.4 immunities. Nothing in the summary judgment record indicated what characteristic of the signage rendered it misleading.
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| Solomon-Fink v. Quad State Guaging & Measurement, Inc., No. 5-869 / 05-0384,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Appellate court rejected plaintiff's argument that the offer of a job was withdrawn when defendant learned she was pregnant. Record showed defendant was simply verifying what steps might be necessary to accommodate plaintiff's pregnancy safely. Defendant's actions, such as checking with insurers in concern for her welfare, were not discriminatory.
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| Stammeyer v. Div. of Narcotics Enforcement, No. 5-966 / 05-0711,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Court erred in finding there was an irreconcilable difference between veterans' preference provisions of Iowa Code ch. 35C and Iowa Code § 20.18; as collective bargaining agreement covering the veteran did not address preferences for veterans in any context, the grievance procedure authorized in § 20.18 and set forth in the agreement did not apply.
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| State v. Dennis, No. 5-837 / 04-1614,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Admission of defendant's confession was prejudicial and the error required reversal because the detective's cited statements to defendant were promises of leniency, clear assurances that defendant would not be prosecuted for murder if she did not stab the victim.
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| State v. Garrison, No. 5-432 / 04-0141,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Trial court properly denied defendant's motion to suppress because warrant was supported by probable cause that evidence of the murders would be found at defendant's residence, but trial court erred in allowing defendant's cell mate's testimony that he got Oxycontin from defendant because it was not relevant as required by Iowa Ct. R. 5.402.
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| State v. Harrington, No. 5-945 / 05-0062,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Defendant's conviction of indecent exposure, third offense, in violation of Iowa Code §§ 709.9, 901A.1(1)(a), and 901A.2(2) (2003), was affirmed where the objection he made at trial was not the same argument he made on appeal regarding lay opinion testimony; in any event, even on the merits, there was no error pursuant to Iowa R. Evid. 5.704.
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| State v. Johnson, No. 5-913 / 05-0269,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Court properly denied the motion in arrest of judgment and found it unnecessary to reschedule the motion for rehearing because the court made the requisite inquiry into the alleged communication breakdown with defense counsel, and found defendant's testimony and claims to be incredible.
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