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| State v. Kamber, No. 6-981 / 05-1868,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: In a second-degree theft case, the trial court properly determined that a deferred judgment was prohibited by Iowa Code § 907.3(1)(c) because, prior to the commission of the offense at issue, defendant had been granted deferred judgments or similar relief two or more times.
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| State v. Nielsen, No. 6-920 / 06-0207,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Trial court properly denied defendant's motion to suppress evidence where there was nothing coercive about officer's statements or actions prior to requesting defendant's consent to search his car; consent was requested within seven minutes of the time defendant was stopped and while the officer was awaiting a status report on his driver's license.
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| State v. Powell, No. 6-776 / 05-1757,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: There was insufficient evidence to support defendant's conviction for first-degree eluding, in violation of Iowa Code § 321.279(3)(d), because at time defendant saw sheriff standing on side of the road and committed the public offense of attempted murder, he was not exceeding the speed limit by the requisite speed to be convicted of felony eluding.
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| State v. Roose, No. 6-821 / 05-1709,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Conviction of first-degree theft under Iowa Code §§ 714.1 and 714.2(1) was affirmed because defendant's possession of the items corroborated the accomplice testimony, and defendant's admissions corroborated the accomplices' testimony that the property was acquired for less than its reasonable value.
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| State v. Smith, No. 6-612 / 05-1387,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Evidence that defendant had hit his girlfriend in the past was properly admitted under Iowa R. Evid. 5.404(b) in a domestic assault case because it was relevant to show intent and motivation; moreover, the probative value of such evidence was not substantially outweighed by the danger of unfair prejudice.
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| State v. Welshhons, No. 6-953 / 06-0140,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: District court did not err in denying defendant's motion to suppress a urine test because, based on the facts and circumstances known to the police officer at the time she invoked the implied consent procedures of Iowa Code § 321J.6, the officer had reasonable grounds to believe defendant was operating while intoxicated or under the influence.
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| State v. Wilkins, No. 6-911 / 05-1984,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Pursuant to Iowa Code § 812.5(2), defendant had the burden of proof in competency proceedings and the district court erred in assigning the burden to the State. Where the opposing experts cancelled each other out, the evidence was put in equipoise and the presumption of competency had to prevail.
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| Tyson Foods, Inc. v. Hedlund, No. 6-565 / 05-2127,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: In a workers' compensation matter arising out of alternate care proceeding, doctrine of judicial estoppel applied because, under Iowa Code § 85.27(4), employer admitted liability in first alternate care proceeding. Based on that admission, employer continued to control care, and the employer could not now assert an inconsistent position.
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| Univ. of Iowa Hosps. & Clinics v. Cocherell, No. 6-756 / 06-0457,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: District court's order affirming award of workers' compensation benefits in favor of claimant was affirmed because substantial evidence supported agency's findings that claimant was employee and not independent contractor and agency's application of law to fact was not irrational, illogical, or wholly unjustifiable under Iowa Code § 17A.19(10)(m).
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| Wanfalt v. Burlington Bank & Trust, No. 6-824 / 05-1898,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Court did not err in holding Iowa Code § 558A.1 did not apply as bank obtained property by a deed in lieu of foreclosure and confusing syntax of Iowa Code § 558A.1(4)(b) should be interpreted so phrase "or a deed in lieu of foreclosure under Iowa Code § 654.19" modified earlier phrase "or a transfer by a mortgagee who has acquired real property."
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