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| Schroeder v. Albaghdadi, No. 6-1024 / 06-0243,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: A finding in favor of the doctor in the decedent's wife's medical malpractice action was improper because the district court erred in submitting jury instructions and verdict forms that interfered with the jury's fact-finding duties. The wife was entitled to an instruction which would have allowed the jury to find fault beyond misreading the EKG.
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| Spencer v. Truro Tavern, Inc., No. 6-1041 / 06-1178,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Injured patron's failure to provide timely notice of his dramshop action barred him from maintaining a suit against tavern because notice required by Iowa Code § 123.93 was jurisdictional prerequisite to filing dramshop action under Iowa Code § 123.92 and that notice provision did not violate the patron's federal and State equal protection rights.
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| State v. Chidester, No. 6-1032 / 06-0566,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: State proved by preponderance of evidence defendant consented to pat-down search and search of vehicle and court did not err in denying defendant's motion to suppress evidence; officer consistently testified defendant consented to pat-down search and only evidence he did not consent came from friend whom court specifically found was not credible.
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| State v. Cole, No. 6-964 / 06-0579,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Due to non-punitive and collateral nature of requiring sex-offender registration, court did not act illegally by imposing sex-offender registration following defendant's conviction, after a plea, to assault with intent to commit sexual abuse, in violation of Iowa Code § 709.11, and subsequent motion to correct illegal sentence was properly denied.
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| State v. Driesen, No. 6-1077 / 06-0680,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Where trial counsel failed to ensure there was a valid waiver of a jury trial, counsel was ineffective because there was no on-the-record colloquy at the trial court level. Trial court had to conduct proceedings "on record," in sense that some in-court colloquy was required in order to ensure waiver was knowing, voluntary, and intelligent.
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| State v. Overton, No. 6-1019 / 06-0138,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Convictions for second degree theft and operating without the owner's consent were affirmed because the record was insufficient to address defendant's ineffective assistance claim on direct appeal and the issue was preserved for possible postconviction relief, as trial counsel could have had good reason for each step he took or failed to take.
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| State v. Robertson, No. 6-902 / 05-1796,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Defendant's claim of ineffective assistance of counsel was preserved for possible postconviction relief proceedings where the record was inadequate to address her claims; it was unclear as to what a police officer meant when he testified that witnesses identified her out of a lineup of "prior mug shots."
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| State v. Robinson, No. 6-1056 / 06-0050,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Counsel was not ineffective for failing to challenge the evidence supporting defendant's first-degree robbery conviction where there was ample evidence that defendant attempted to inflict a serious injury on the victim; the evidence showed that defendant punched the victim, stepped on him, rammed him into a vehicle, and stabbed him in the abdomen.
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| State v. Shank, No. 6-1014 / 05-2082,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Hearsay statements made by two passengers were properly admitted as excited utterances under Iowa R. Evid. 5.803(2) in defendant's vehicular homicide trial because other evidence was overwhelming identifying defendant as the driver involved in a chase resulting in a rollover so that the statements could not be considered to be prejudicial.
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