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| Fourney v. Birnley, No. 6-977 / 06-1064,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Father sought physical custody of child and a modification of the parties' visitation schedule. Trial court properly refused to grant father a change in custody because he failed to show a substantial and material change since original degree; however, there was a changed circumstance that allowed for slight modification of visitation schedule.
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| Gant v. State, No. 6-985 / 06-0245,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Inter alia, belated claim applicant did not understand effect of his guilty plea did not give rise to claim of ineffective assistance of trial counsel which postconviction counsel should have pursued; he had not asserted, much less shown, he would not have pleaded guilty to misdemeanor and insisted on going to trial on class "B" and "C" felonies.
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| Houston v. State, No. 6-843 / 05-1591,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: The denial of an inmate's application for postconviction relief was appropriate because the failure to include language in a jury instruction concerning specific intent, and counsel's failure to object to its omission, did not provide a basis for reversing the inmate's kidnapping conviction. The inmate was unable to demonstrate prejudice.
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| In re Det. of Harless, No. 6-1017 / 06-0033,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Jury could have conceivably found beyond a reasonable doubt that offender was presently more likely than not to reoffend and to engage in a sexually violent offense if not confined in a secure facility required by Iowa Code § 229A.2 as, inter alia, some of the evidence showed that his lifetime risk to reoffend was 52% and that might have been low.
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| In re J.J.C.-V., No. 6-1049 / 06-1830,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Mother was entitled to no relief on her claim that reasonable efforts were not made toward reunification because the major problem preventing reunification was not a failure of reasonable efforts toward reunification, but rather was the mother's failure or refusal to avail herself of and benefit from necessary and offered services.
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| In re Marriage of Bengston, No. 6-967 / 06-0630,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Child's best interests were served by awarding physical care to the husband, because he assumed a significant portion of the child's daily care, and the wife's move to Arkansas without any notice to the husband had the effect of denying virtually any access to the child by the husband, who until that time had played a substantial role in her life.
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| In re Marriage of Divin, No. 6-976 / 06-1006,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Trial court did not err in marital dissolution action in placing physical care of parties' children with wife pursuant to Iowa Code § 598.41(3) where record supported the wife's concerns that the husband had a serious alcohol problem that could impact his ability to provide care for the children. The wife was also the children's primary caregiver.
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| In re Marriage of Hockey, No. 6-965 / 06-0601,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Trial court's award of $500 in alimony per month until wife was eligible for disability, turned 66, remarried, or died was equitable, Iowa Code § 598.21(3)(c), given ex-wife's health problems and likeliness of her achieving self-sufficiency; the parties' education, training, and work experience; difference in their incomes; and length of marriage.
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| In re Marriage of Patterson, No. 6-364 / 05-0571,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Under Iowa Code § 598.21(3), trial court improperly awarded ex-wife alimony since (1) she was receiving a property award of almost one-half million dollars plus small bank accounts, substantial furniture and furnishings, valuable jewelry, and a car; and (2) she was employed and had fringe benefits. Also, the overall property division was equitable.
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