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| In the Interest of N.J., No. 6-052 / 05-2049,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Under Iowa Code § 232.116, termination of mother's parental rights was in her three children's best interest because, even two years after they were removed from her custody, 1) she had unresolved mental health and drug problems; 2) she had not maintained meaningful contact with children; and 3) children were adoptable, and apparently doing well.
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| In the Interest of T.B., No. 6-046 / 05-1463,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Father did not dispute that termination of parental rights was proper under Iowa Code § 232.116(1)(f) and waived issue. Clear and convincing evidence under § 232.116(1)(f) showed child could not be returned to mother's care due to criminal record, substance abuse, and mental health issues. Trial court did not have to place child with maternal aunt.
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| Miell Prop. Mgmt. v. Employment Appeal Bd., No. 5-951 / 05-0169,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Award of unemployment benefits to an employee was proper as substantial evidence supported the employment appeal board's determination that the employer's requirement that the employee write apology letters to her subordinates for something she did not do constituted an intolerable working condition under Iowa Code § 96.5.
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| O'Shea v. State, No. 6-012 / 05-0331,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: District court did not err in dismissing appellant's postconviction relief claim of ineffective assistance for failure to raise certain defenses, including resisting a forcible felony, Iowa Code § 702.11(1); the altercation between appellant's girlfriend and the victim he stabbed was not of a life-threatening nature.
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| Poland v. Sheehan Pipeline Constr. Co., No. 6-084 / 05-0800,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Denial of workers' compensation benefits to a deceased employee was proper as the medical evidence showed that the employee suffered from a mental condition unrelated to his work; while it was possible that heat exposure might have caused a change in mental status, the employee's delusional thinking was characteristic of a psychiatric disorder.
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| Rush v. Wilmington, No. 6-037 / 05-1506,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Joint legal custody and joint physical care award pursuant to Iowa Code § 598.41 as the parties' opposite work schedules and close geographic proximity were ideal for joint physical care. Such an arrangement fostered the greatest degree of involvement by both parents and served the best interests of the child.
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| State v. Cole, No. 5-825 / 04-0811,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Defendant's convictions of attempted murder, assault, willful injury causing serious injury, two counts of reckless use of a firearm causing serious injury, and felon in possession of a firearm were reversed due to the prejudicial admission of copious bad-acts evidence in violation of Iowa R. Evid. 5.403.
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| State v. Jackson, No. 5-963 / 05-0585,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: In a robbery case, denial of defendant's motion for judgment of acquittal based on his claim that he lacked specific intent under Iowa Code § 701.5 due to his drug use was proper as his expert's opinions on the issue were riddled with inconsistencies and were formulated without the benefit of key information such as the videotapes of the incident.
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| State v. Lyon, No. 6-089 / 05-0969,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: On appeal from a conviction for operating while intoxicated, in violation of Iowa Code § 321J.2 (2003), pursuant to Iowa R. Evid. 5.703, the trial court did not err in allowing a deputy, who was testifying as expert, to have relied on hearsay information from lab personnel that chewing tobacco did not interfere with blood alcohol test results.
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| State v. Nelson, No. 5-747 / 04-1880,
COURT OF APPEALS OF IOWA, March 15, 2006, Filed
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Overview: Evidence was sufficient to sustain a conviction for supplying alcohol to a minor resulting in serious injury, Iowa Code § 123.47, where the mother admitted purchasing beer for her minor son, he admitted to drinking the beer before driving, and he sustained a broken wrist in an accident following his consumption of the beer.
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