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| State v. Palmer, No. 5-008 / 03-1824,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Convictions for possession of methamphetamine with intent to deliver and drug tax stamp violation were affirmed as the State presented substantial evidence on all elements of the possession with intent to deliver and tax stamp counts, trial counsel's decisions involved reasonable strategic calculations, and defendant failed to show prejudice.
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| State v. Pfeifer, No. 5-861 / 05-0094,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Possession of marijuana in violation of Iowa Code § 124.401(5) was reversed because the State was required to show more than defendant's proximity to the marijuana roach found in the vehicle's center ashtray to prove dominion and control.
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| State v. Rolfe, No. 5-889 / 04-1248,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Record on appeal was not sufficient to rule on defendant's ineffective assistance of counsel claims because the record was insufficient to determine whether defendant relied to his detriment on any advice given concerning the applicability of Iowa Code ch. 692A.
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| State v. Rowe, No. 5-781 / 05-0201,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Consecutive sentences for operating while intoxicated and eluding were affirmed because defendant failed to show he received ineffective assistance of counsel, when defendant failed to establish prejudice, in that there was no reasonable likelihood the outcome would have been different had his sentencing been before a different judge.
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| State v. Smith, No. 5-920 / 05-0760,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: In third degree sexual abuse case, trial court properly weighed the consecutive sentencing factors against the information in a PSI in striking a balance between community protection and defendant's prospects for successful rehabilitation when it denied him probation and sentenced him to two consecutive indeterminate 10-year terms of incarceration.
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| State v. Vacek, No. 5-967 / 05-0727,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: District court did not err in denying defendant's motion to suppress where its decision rested on an assessment of witness credibility; it found a police deputy's testimony that defendant did not ask to speak with a family member or attorney more credible than defendant's assertion that her rights under Iowa Code § 804.20 were violated.
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| Stevens v. Iowa Newspapers, Inc., No. 5-732 / 04-0987,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Reasonable juror could have found that as attendance at events was not an essential duty for sport's columnists, editor's statement that columnist rarely attended events about which he wrote was intended to convey implied message that he violated professional standards or fabricated information. Summary judgment in defamation action was improper.
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| Stoecker v. Stephens, No. 5-894 / 05-0572,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Where defendant allowed plaintiff, a relative, to take a horse for child's 4-H project, evidence showed defendant never intended to relinquish title, although he allowed plaintiff to keep horse for three years. There was no valid gift and thus, no conversion where defendant retrieved his horse. Defendant did commit a trespass but without malice.
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| Swisher v. Briggs, No. 5-878 / 05-0705,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Where liability was not imposed by either Iowa Code § 364.12(2) (2005) or Clarinda, Iowa, Code of Ordinances § 136.04 on property owners for injuries to a pedestrian who tripped on the sidewalk in front of the owners' property, summary judgment in favor of the owners was properly entered in the pedestrian's negligence action.
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| Turner v. Eby, No. 5-826 / 04-0930,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Judgment in favor of the driver in the claimant's personal injury action arising from an automobile accident was reversed and remanded because the district court erred in instructing the jury on the sudden emergency doctrine, when requiring sudden braking in the face of merging traffic, was neither "unexpected" nor "unforeseen."
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