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| State v. Jones, No. 5-770 / 05-0316,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Counsel was not ineffective in failing to timely move to suppress evidence because an officer's stop of the vehicle was objectively reasonable, Fourth Amendment; although upon a close, retrospective investigation the crack was not severe and excessive, there was indeed a crack that ran the length of the windshield.
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| State v. Knight, No. 5-922 / 05-0836,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Trial court did not abuse its discretion in considering defendant's blood alcohol concentration in denying deferred judgment pursuant to Iowa Code § 321J.2(3)(a)(1) after defendant pled guilty to operating a vehicle while intoxicated where defendant's breath test result was sufficient to establish that her blood alcohol concentration exceeded .15.
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| State v. Lampman, No. 5-853 / 04-1955,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: In a case in which defendant had been convicted of second degree sexual abuse and third degree sexual abuse, the district court properly imposed consecutive sentences, where the district court's statement of reasons indicated it considered a variety of factors justifying the imposition of consecutive sentences.
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| State v. Leeney, No. 5-865 / 05-0289,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: As to her right to contact a family member or attorney under Iowa Code § 804.20, given arresting officer's testimony, court could have reasonably found defendant's apparent misapprehension of rights was product of her own confusion and not result of breach by officer. Court properly denied motion to suppress breath test based on alleged violation.
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| State v. McIntosh, No. 5-876 / 05-0586,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Officer did not have reasonable suspicion, Fourth Amendment, to stop a vehicle where defendant approached the officer's home in the early evening, not late at night, he kept the headlights of his vehicle on at all times, and he drove back down the driveway slowly enough that the officer caught up with him before he reached the end of the driveway.
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| State v. Meyer, No. 5-855 / 04-2063,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: In kidnapping case, Iowa Code §§ 710.1 and 710.2, according to State's expert witness, defendant was not psychotic, had the capacity to know the difference between right and wrong, and was absolutely capable of forming specific intent; thus, jury did not err in rejecting his diminished responsibility affirmative defense to the kidnapping charge.
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| State v. Mitchell, No. 5-863 / 05-0126,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: In murder trial, defendant failed to preserve claimed error of violations of due process because of trial spectators' behavior; district court did not err in denying defendant's motion for a new trial because district court appropriately took measures to remedy trial's disruptions.
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| State v. Nelson, No. 5-728 / 04-0721,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: In a trial for conspiracy to manufacture methamphetamine, in violation of Iowa Code § 124.401(1)(c), evidence was insufficient to sustain conviction because evidence showed only that an unknown passenger accompanied defendant in a car to a site in concealed, rural area; this was insufficient to show an agreement, tacit or otherwise.
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| State v. Olson, No. 5-832 / 04-1392,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Where he failed to make bond, defendant asserted that per Iowa Code § 903A.5, he was entitled to receive presentence credit as to burglary offense at issue as long as he continued to be confined in county jail or state facility, but his transfer to state facility was for unrelated offense. He was not entitled to credit for that time as to burglary.
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| State v. Ondayog, No. 5-737 / 04-1247,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Conviction of assault with the intent to commit sexual abuse causing bodily injury was reversed and remanded for a new trial because defendant's trial counsel breached an essential duty by failing to timely object to the submission of the class D felony alternative of assault under Iowa Code § 709.11.
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