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| Khounlo v. Moats, No. 7-049 / 05-1579,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Trial court did not abuse its discretion under Iowa R. Civ. P. 1.911(1) in denying motion for continuance filed by plaintiffs in medical malpractice action where defendants had already made arrangements to have health care providers, including medical experts, testify during week of trial; the case had already been pending for more than two years.
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| Lucas v. Forrester, No. 6-688 / 05-1847,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Substantial evidence supported the findings that the parties acquiesced in the boundary line, because between the properties was a pin staked in the ground as part of a land survey and a vertical white line painted above the pin on a building wall, and these demarcations had served as an acknowledged boundary between the properties.
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| McNeal v. Hy-Vee, No. 6-633 / 05-1995,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: In an action for negligence brought against a store by a patron who slipped and fell on wet grass in the store's outdoor garden center, trial court did not err in denying the patron's motion for new trial based on insufficiency of the evidence. A jury could have credited the patron's concession that moisture was to be expected in a garden area.
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| Pike v. Kennedy, No. 6-954 / 06-0184,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Where a homeowner sued defendants for breaching an implied warranty by failing to construct and waterproof a basement in a workmanlike manner for its intended use as a living space, the ruling in the homeowner's favor was upheld because, inter alia, the business owner knew the homeowner wanted to use the basement for living space.
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| Presnall v. U.S. Mfg., No. 6-1059 / 06-0270,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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| State v. Bolsinger, No. 6-1074 / 06-0659,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Under aggregate package approach, sentence that defendant received after three of his convictions were overturned was not harsher than his original sentence because his original sentence was for term of incarceration not to exceed 37 years, while his new sentence was for term of incarceration not to exceed 21 years; new sentence was constitutional.
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| State v. Chitwood, No. 6-1063 / 06-0421,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Where the evidence showed that defendant applied for a post office box, began utility service, changed his address on his vehicle title, and started telephone service a few months prior to registering as a sex offender for a new address, there was sufficient circumstantial evidence to support a conviction for failing to register.
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| State v. Cole, No. 6-1076 / 6-0678,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: In a third degree burglary case, defense counsel was not ineffective in allowing defendant, who was seen taking money from a cash register situated behind a counter, to waive her right to challenge the occupied structure element of burglary, where there was ample documentation that the area behind the counter was not open to the public.
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| State v. Davis, No. 7-057 / 06-0148,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Trial court did not abuse its discretion in denying defendant's motion for a new trial based on weight of the evidence where trial court had considered credibility of witnesses and found that greater weight of credible evidence supported verdicts, and that State had proved beyond a reasonable doubt all the elements of each of the offenses charged.
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