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| Parks v. Iowa State Patrol, No. 5-982 / 04-1631,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: District court correctly determined that a state trooper failed to exhaust his administrative remedies when he failed to file an action with the Public Employment Relations Board under Iowa Code §§ 20.10 and 20.11 regarding his dispute with his employer; the dismissal of his petition for judicial review was therefore affirmed.
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| Ronnfeldt v. State, No. 6-014 / 05-0382,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Appellant sufficiently established a claim of ineffective assistance of trial counsel where counsel failed to object to jury instruction that allowed jury to find appellant guilty of conspiracy to manufacture methamphetamine without a finding that he had specific intent, which was a required element of the offense, pursuant to Iowa Code § 706.1(1).
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| Shelter Mut. Ins. Co. v. Davis, No. 6-072 / 05-0456,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: A declaratory judgment finding that the insurer's policies provided coverage for claims arising out of an accident involving an all terrain vehicle was improper where the district court erred in concluding that the insurer failed to prove the applicability of the recreational vehicle exclusion.
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| State v. Bingham, No. 5-873 / 05-0510,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Because defendant's invocation of his right to counsel was properly honored by police, he initiated conversation concerning the homicide investigation after he requested counsel, and because defendant voluntarily waived his Fifth Amendment right to counsel, the court erred by suppressing the confession.
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| State v. Bowen, No. 6-087 / 05-0878,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: In trial for third-degree sexual abuse, as defined by Iowa Code § 702.17, evidence was sufficient to support conviction because a reasonable jury could find that defendant had sex with a child, who was 13, against her will. Ineffective assistance of counsel issue, however, was preserved for postconviction relief proceeding.
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| State v. Friedman, No. 6-162 / 05-0967,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: District court did not err in denying defendant's motion for merger of possession of contraband in a correctional institution, Iowa Code § 719.7(1)(a), (3)(c), and (4)(b) (2003), and possession of marijuana, Iowa Code § 124.401(5), where purposes of statutes were different and legislature intended multiple punishments for the two crimes.
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| State v. Larson, No. 6-187 / 05-0526,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: District court did not abuse its discretion in denying defendant's motion for continuance in an operating while intoxicated case, as defendant had ample opportunity to gather medical evidence supporting his theory that Lyme disease affected his coordination, and he testified that he did not have any problems with balance at the time of his arrest.
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| State v. McGuire, No. 6-079 / 05-0629,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Defendant's motion to suppress was properly denied in an operating while intoxicated case, because deputy was engaged in bona fide community caretaker activity when he stopped defendant; deputy received information that passenger of vehicle was vomiting, and stopping to determine the well-being of the passenger was justified.
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| State v. Michalcewicz, No. 6-104 / 05-1025,
COURT OF APPEALS OF IOWA, April 12, 2006, Filed
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Overview: Asserted error that defendant's guilty pleas to operating while intoxicated in violation of Iowa Code § 321J.2 (2003) was not preserved because the district court had complied with Iowa R. Crim. P. 2.8 and defendant still failed to raise alleged defects in his guilty pleas in a motion in arrest of judgment.
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