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| In the Interest of M.M.M., No. 6-1042 / 06-1768,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Father was not afforded services that would have truly tested his ability to parent, such as a trial home placement or weekend overnight visitation. As Iowa Department of Human Services did not make reasonable efforts to provide services to reunify father with children under Iowa Code § 232.116(1)(f), his parental rights were improperly terminated.
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| In the Interest of S.A.M., No. 7-008 / 06-1968,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Termination of father's parental rights under Iowa Code § 232.116 was upheld because termination was in the best interests of his child, as the child had only met her father on two separate occasions, and waiting for the father's release from prison and readiness to be a father did not advance the child's long-range or immediate best interests.
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| In the Interest of T.S., No. 7-012 / 06-2013,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Trial court properly terminated mother's parental rights, Iowa Code § 232.116(1)(f), since (1) although she had stopped using drugs and was receiving mental health treatment, that was due to imprisonment; (2) she did not show long-term commitment to maintaining drug- and crime-free lifestyle; and (3) child needed permanent, stable, and loving home.
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| Iowa Dep't of Human Servs. v. Scrimsher(In re Estate of Scrimsher), No. 6-922 / 06-0273,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Court erred in denying department of human services' application to reopen estate finding claim untimely as it was filed 15 months after date of the second publication of notice to creditors; statute of limitation on department's claim, Iowa Code § 633.410, had not expired because two months had not passed since service of notice by ordinary mail.
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| Iowa v. McManemy, No. 6-914 / 05-2014,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Warrantless search of the vehicle was proper because the officer had probable cause to search the vehicle for further weapons after defendant mentioned something about a pistol, and exigent circumstances existed because the vehicle was mobile and the contents might never be found again if the officer had to first obtain a warrant.
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| Johnson v. State, No. 6-1001 / 04-1194,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: After conviction for conspiracy to manufacture methamphetamine, in violation of Iowa Code § 124.401, and conspiracy to possess methamphetamine precursor, applicant sought relief. Trial counsel was not ineffective for failing to object to wife's testimony pursuant to marital privilege because there was no reasonable likelihood of a different result.
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| Lobberecht v. Chendrasekhar, No. 6-1036 / 06-0672,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: In medical malpractice suit brought after patient's gastric bypass surgery, trial court properly dismissed patient's, husband's, and children's claims because patient was on inquiry notice before physician and employer declared bankruptcy. Claims had accrued before filing of bankruptcy petition, and the claims passed to bankruptcy estate.
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| McMurrin v. Royal Fork Rest. Corp., No. 6-1029 / 06-0356,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Court erred in denying restaurant's motion seeking to compel patron to submit to physical examination pursuant to Iowa R. Civ. P. 1.515; extent of patron's peripheral vision loss was probative of whether she was at fault and whether condition of the restaurant was unsafe and current exam would have shown loss of peripheral vision at time of fall.
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| MidAmerican Energy Co. v. McAninch Corp., No. 6-923 / 06-0328,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Damage award in favor of the utility company for $776,526, for damage to a transformer, was affirmed because there was a reasonable basis from which the jury's assessment of damages could be inferred, and the damage award was within the range of evidence presented.
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