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| State v. Clark, No. 5-839 / 04-1684,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Defendant's conviction for prohibited acts, possession of a prescription drug without a prescription, in violation of Iowa Code § 124.401(5), was upheld because even though his girlfriend's mother was a member of his household and he testified that he picked up prescriptions for her all the time, she was not in vehicle with him when it was stopped.
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| State v. Clausen, No. 6-078 / 05-0619,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Sufficient evidence existed to convict defendant of OWI and operating a motor vehicle without the owner's consent, in violation of Iowa Code §§ 321J.2 and 714.7, because the officer saw defendant drive the car while intoxicated and defendant was stopped when the officer first saw him and did not need to continue to driving the car as he claimed.
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| State v. Colwell, No. 5-957 / 05-0280,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Where defendant was convicted of two counts of violating Iowa Code § 712.7, making a false report, his counsel was not ineffective for, inter alia, failing to object to admission of telephone company tracing records pursuant to Iowa R. Evid. 5.801, 5.802, and 5.803; the computer-generated records were not hearsay as they lacked a human declarant.
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| State v. Conger, No. 6-073 / 05-0525,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Defendant's driving while barred conviction was reversed as the trial court's colloquy with defendant was insufficient to find that he gave a knowing, voluntary, and intelligent waiver to his right to a jury trial under Iowa R. Crim. P. 2.171(1); further, defense counsel was ineffective for failing to ensure substantial compliance with the rule.
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| State v. Duncan, No. 6-010 / 05-0145,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Conviction for willful injury and assault with intent to inflict serious injury was affirmed. Defendant was not prejudiced by admission of officers' testimony as to a fight that occurred between defendant and codefendant while they were in jail; assuming testimony was erroneously admitted under Iowa R. Evid. 5.802, it had little evidentiary value.
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| State v. Humphrey, No. 6-098 / 05-0677,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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| State v. Owen, No. 6-080 / 05-0685,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Order denying defendant's motion to suppress results of blood-alcohol test was upheld where substantial evidence supported finding that requirements of Iowa Code § 321J.7 were met. Deputy and lab technician testified that defendant was incoherent and that a doctor provided required written certification that he was incapable of consenting to test.
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| State v. Palmer, No. 5-634 / 04-1421,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Defendant's robbery conviction was reversed and remanded for a new trial as the trial court should have allowed the testimony of defendant's expert under Iowa R. Evid. 5.702 about the results of a study performed regarding the photographic array shown to witnesses of the crime and its suggestiveness.
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| State v. Rowley, No. 5-935 / 04-1394,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Case was remanded to the district court for a ruling on the merits of appellant's motion to correct an illegal sentence where the jurisdictional issue underlying the trial court's ruling dismissing appellant's motion was moot.
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