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| State v. Gaar, No. 7-066 / 06-0423,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Defendant's operating while intoxicated conviction was upheld because district court did not err in denying his motion to suppress, as reasonable grounds existed for invoking implied consent under Iowa Code § 321J.6; defendant crashed vehicle into tree and there was no indication that any factor other than his impairment played role in accident.
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| State v. Hazen, No. 7-027 / 06-0420,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: A trial court properly denied defendant's motion in arrest of judgment after he pled guilty to three counts of willful injury where the record made during the plea hearing made it plain that defendant was fully aware of the nature of the charges against him; defendant had maintained a "valid fear" that a jury might convict him of attempted murder.
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| State v. Hill, No. 6-1067 / 06-0519,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Defendant's motion to suppress evidence relating to crimes of operating motor vehicle while intoxicated and driving with revoked license was properly denied where police officers had probable cause to stop his vehicle based on his violation of Iowa Code § 321.323A, a traffic law requiring drivers to yield to emergency vehicles with flashing lights.
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| State v. Kobel, No. 6-1000 / 04-0945,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of child endangerment and multiple acts of child endangerment, Iowa Code §§ 726.6, 726.6A, because (1) defendant knew and even watched father sexually abuse daughter; (2) despite abuse, she continued to leave her children with father on at least three occasions; and (3) daughter suffered serious injury.
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| State v. Pierce, No. 6-958 / 06-0409,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Not-so-subtle threats of additional charges and implied promises of leniency by officer induced defendant's inculpatory statements; officer at least implied to defendant that she might have more charges filed against her if she did not admit culpability, and that if she did admit culpability she would be able to be with her children sooner.
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| State v. Reynolds, No. 6-1028 / 06-0344,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: In theft and forgery case, under business records exception to hearsay rule, Iowa R. Evid. 5.803(6), trial court properly admitted (1) e-mails and error reports from Federal Reserve relied upon by bank in normal course of its business; and (2) teller's testimony on validity of money orders (M.O.) which it received from M.O. company's phone number.
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| State v. Tarbox, No. 6-538 / 05-1281,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Because Iowa Code § 321.261 applied when only defendant sustained a personal injury in a single vehicle accident, the district court erred in dismissing a trial information charging defendant with leaving the scene of a personal injury accident in violation of § 321.261.
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| State v. Winberg, No. 7-082 / 06-0810,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: In operating while intoxicated case, Iowa Code § 321J.2, defendant's motion to suppress his breath test was properly denied as he was not mentally subnormal, length of time spent discussing the informed consent form was not excessive, he had prior experience in criminal justice system, and State proved that there was no duress or undue influence.
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| Turner v. Iowa State Bank & Trust Co., No. 6-927 / 06-0490,
COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: District court should not have granted pre-answer motion to dismiss, because, accepting as true the allegations of appellant's pleadings, with the limited record before it, the instant court was unable to say there existed no conceivable set of facts entitling him to relief. Further, there was no basis for an award of attorney fees to appellees.
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