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| State v. Heiliger, No. 5-959 / 05-0387,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Officer lacked reasonable suspicion to stop a vehicle, Fourth Amendment, where he testified that the speed of thirty miles per hour was appropriate, defendant drove several miles in a straight line of travel, she did not weave within her lane or cross the centerline, and a video showed defendant driving in an appropriate manner.
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| State v. Miller, No. 5-936 / 04-1785,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Defendant's confession was voluntary, Fifth Amendment, where, although he alleged that he was intoxicated, a videotape showed that he was alert, he understood and was able to answer the officer's questions appropriately, his speech was not slurred, and he had no difficulty expressing himself and relating his version of the events.
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| State v. Miller, No. 5-941 / 04-2065,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: In an OWI trial, defendant's claim that he refused to submit to a breath test at the jail, Iowa Code § 321J.5, because he was physically unable to provide a breath sample opened the door to further inquiry regarding his earlier breath test.
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| State v. Peterson, No. 5-890 / 04-1666,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Prosecutor's brief allegation witness and defendant fabricated account of sexual assault victim seeing knife before assault was not prejudicial to defense in light evidence supporting conviction and defendant failed to establish necessary basis for claim of prosecutorial misconduct and his counsel was under no obligation to raise a meritless issue.
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| State v. Woodworth, No. 5-624 / 04-0096,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Defendant's confession was voluntary where officers testified that during their discussion with him they told him they were there to talk to him about the fires, they read him his rights, showed him the advisory rights form, and defendant read and signed the form; furthermore, defendant was thirty-four years old and was a high school graduate.
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| State v. Workman, No. 5-758 / 05-0052,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Denial of motion to dismiss was reversed and remanded because the district court applied an incorrect legal standard, when the district court expressly relied on the pre-amended version of Iowa Code § 808.3.
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| Voigt v. Hiawatha Bank & Trust, No. 5-897 / 05-0702,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: District court did not err in concluding that borrowers failed to establish elements of breach of contract claim against a bank for violating its policy of conducting inspections prior to making disbursements when the policy was mentioned nowhere in the loan documents and the delivery of lien waivers was a duty owed by the borrowers, not the bank.
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| Wendhausen v. Iowa Am. Water Co., No. 5-870 / 05-0408,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Court affirmed judgment finding a security guard 85 percent at fault for injuries she suffered when she slipped on an icy patch at the premises she was guarding; guard had not preserved error regarding denial of her motion in limine and the jury instruction she requested would have raised issue of her employer's liability, which was not an issue.
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| Winbco Tank Co. v. City of Ottumwa, No. 5-946 / 05-0083,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Court did not err in dismissing petition for mandamus filed by neighboring business; city had taken action under Ottumwa, Iowa, City Code § 22-59 regarding scrap metal facility's violations, city council voted not to revoke facility's license, and court could not control council's discretion by ordering a specific action from several alternatives.
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