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| Anfinson v. State, NO. 6-784 / 06-0076,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: A motion for post-conviction relief was denied in a second-degree murder case based on a failure to raise the defense of diminished capacity because this was not a defense to a general intent crime; moreover, it was not ineffective to fail to raise an insanity defense when the standards under Iowa Code § 701.4 were not met.
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| Batinich v. Renander, NO. 6-909 / 05-1969,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Investor failed to show seller knowingly made material false representation intending to deceive investor or that investor acted on such a representation and was justified in doing so and court of appeals also concluded that investor failed to show he was entitled to a larger percentage of real estate venture than the 34% interest he bargained for.
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| Blackwell v. State, No. 7-134 / 06-0401,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Although Iowa Code § 822.3 provided an exception to the three-year limitation for a postconviction relief application for a ground of fact or law that could not have been raised within the applicable time period, applicant failed to show that his claim could not have been raised earlier.
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| Caveman Adventures, UN, Ltd. v. United States Cellular Corp., No. 7-086 / 06-0933,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: In a dispute arising from an agent agreement, the trial court did not err in dismissing the company's fraud claim against the corporation by directed verdict as the company presented no evidence to indicate what constituted a "fair and equitable commission," and the agreement put the company on notice that the commission structure could be changed.
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| Elliott v. Ament, No. 6-1006 / 05-1494,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Dismissal of the claimants' tort action was affirmed because the claimants had ample opportunity to determine that the decedent could not be sued and open an estate for the decedent, but failed to do so, when despite being aware of the decedent's death, plaintiffs made no effort to open the decedent's estate and plaintiffs had standing to do so.
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| Freedom Church v. Cent. Dist. Conf. of the Evangelical Free Church of Am., No. 7-089 / 06-1120,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Using the neutral principles approach in deciding a church property dispute, which was affected by the First Amendment, it was determined that a contract did not exist between a church and an association; the parties merely agreed to agreed regarding a relinquishment of control over the church in order to rebuild attendance.
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| Fuller v. State, No. 7-025 / 06-0180,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Defendant was properly denied postconviction relief where trial counsel was not ineffective in not objecting to evidence concerning a drug turf war; because defendant did not demonstrate prejudice from trial counsel's performance, appellate and postconviction counsel were not ineffective for not raising a claim that trial counsel was ineffective.
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| In re Estate of Harmon, No. 7-091 / 06-1274,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: In a declaratory judgment action, a district court properly awarded the proceeds of one annuity to an executor, who was the nephew of a decedent, because he was the listed annuitant on the maturity date; documents stating another maturity date were not considered because a motion to strike was granted, and the policy was unambiguous.
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| In re Marriage of Caldwell, No. 7-038 / 06-1369,
COURT OF APPEALS OF IOWA, March 28, 2007, Filed
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Overview: Mother's petition to modify child custody was properly denied, Iowa Code § 598.21(8), as (1) she failed to establish by preponderance of evidence that conditions since divorce had so materially and substantially changed that children's best interests made it expedient to make requested change; and (2) she did not show that she was superior parent.
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