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| State v. Maaske, No. 7-056 / 06-0145,
COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Evidence was sufficient to have convicted defendant of possession of crack cocaine with intent to deliver under Iowa Code § 124.401(1)(b)(3); she lied about living in the apartment, materials used to manufacture crack cocaine were on the kitchen table, and other items related to the distribution of crack cocaine were present around the apartment.
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| State v. Moore, No. 7-080 / 06-0661,
COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Trial court did not err in denying defendant's motion to dismiss the Iowa Code § 724.26 possession of a firearm as a felon charge and concluding that § 724.26 was applicable to defendant who was once adjudicated delinquent for a felony-level offense, but who had since turned 18 prior to committing the instant possession-of-a-firearm offense.
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| State v. Sullivan, No. 6-1055 / 06-0044,
COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: In an assault case, defendant failed to show his counsel was ineffective for failing to object to testimony regarding his postarrest silence as the prosecutor only asked two questions about statements he made to the police, and the prosecutor did not make use of the responsive testimony to impeach defendant's version of events.
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| State v. Thornton, No. 7-036 / 06-1151,
COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: As court's order requiring defendant to "immediately" register as a sex offender was not authorized by Iowa Code § 692A.2, it was illegal and restitution statute, Iowa Code § 910.2, did not explicitly provide for repayment of guardian ad litem fees thus court had no authority to require defendant to pay fees as State was not victim of sexual abuse.
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| State v. Truman, No. 7-023/ 05-2073,
COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Defendant filed his motion in arrest of judgment 46 days after his guilty plea was taken. Although motion was filed more than five days before date set for sentencing, it exceeded 45-day outer limit, Iowa R. Crim. P. 2.24(3)(b). Thus, filing was not timely, error was not preserved, and he could not challenge his guilty plea proceedings on appeal.
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| State v. Willock, No. 6-957 / 06-0343,
COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Under Iowa R. Crim. P. 2.24, district court had to rule on defendant's new trial motion using weight of evidence standard. Motions to suppress were properly denied and witness testimony properly admitted. Jury instruction on removal alternative of kidnapping was proper, and evidence supported first-degree kidnapping convictions, Iowa Code § 710.1.
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| State v. Yang, No. 7-073 / 06-575,
COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Trial court did not address to defendant what rights he was giving up by waiving his right to jury trial and it did not ask whether he truly understood waiver he had signed. Because there was no on-the-record colloquy at trial court level, counsel was ineffective by failing to ensure there was a valid waiver of jury trial, Iowa R. Crim. P. 2.17(1).
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| Windway Techs. Inc. v. Midland Power Coop., No. 6-836 / 06-0276,
COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: In a billing dispute with a utility, a district court did not err by failing to follow an order from the FERC regarding net metering because the utility itself, not the FERC, had the discretion to determine whether or not to offer such to its customers under 16 U.S.C.S. § 2621(a); moreover, the FERC order was pending reconsideration.
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