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| Johnson v. Randolph, No. 6-830 / 05-2098,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Where the purchaser of a tax sale certificate did not send a notice of redemption to the possessors of real property, as required by Iowa Code § 447.9, a request for a tax sale deed was properly denied; moreover, the purchaser was not entitled to a refund of the purchase price, taxes paid, and interest.
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| Kelly v. Al-Qulali, No. 6-917 / 05-2143,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: There was no abuse of discretion in denying a motion for new trial because evidence was in conflict and there was substantial evidence in the record to support the jury's decision where a doctor testified that a mother gave verbal consent for a vacuum extractor to assist in birth of a child and experts testified that the doctor acted appropriately.
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| McDonald v. Windus, No. 6-894 / 05-1276,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Evidence was insufficient to prove parents made completed gift to siblings; thus, denial of siblings' conversion claim was proper. Pursuant to Iowa Code § 633.155, mother engaged in self-dealing and breached fiduciary duty to siblings, and reopening of estate was proper under Iowa Code § 633.489. Mother was allowed to file amended counterclaim.
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| Rodgers v. Clark, No. 6-973 / 06-0802,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Mother's request to modify paternity decree to grant her sole legal custody was denied as she did not present evidence of compelling circumstances such that decree should be modified. Father did not have ability to state medically that he did not agree with immunizations, Iowa Code § 139A.8. Modification of visitation schedule was not warranted.
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| Rottinghaus v. Allpress, No. 6-1016 / 05-2126,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Court had not erred in dismissing petition for failure to comply with Iowa R. Civ. P. 1.302(5) as petitioner took no action to serve appellee within 90 days after filing his petition, and court's later ruling could have been read to not have given petitioner deadline for service but given him deadline to apply for an extension, which he did not do.
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| State v. Carr, No. 6-604 / 04-1783,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Evidence was sufficient to sustain a murder conviction, Iowa Code § 770.1, because defendant's DNA was found in the victim's body, the evidence showed that the victim was thrown in a river while still alive, and shortly after the sexual assault, and a jury could have concluded that the victim was killed by the same person that sexually abused her.
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| State v. Cousins, No. 6-960 / 06-0483,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Defendant's domestic abuse assault conviction under Iowa Code § 708.2A(2)(b) was affirmed because counsel articulated proper standard in motion for new trial, and although district court failed to apply proper standard in ruling on motion, motion would have failed with proper standard as evidence supporting defendant's conviction was overwhelming.
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| State v. Duque, No. 6-826 / 05-1922,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: In defendant's conviction for fourth-degree theft, in violation of Iowa Code § 714.1(2) and Iowa Code § 714.2(4), facts were insufficient to support a conviction because defendant consistently maintained that car buyer's deposit money was retained because car buyer had signed a contract with dealership defendant managed.
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| State v. Harris, No. 6-815 / 05-1521,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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