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| Bennett v. Dexter Co., No. 6-1087 / 06-1086,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Workers' compensation commissioner properly applied law regarding odd-lot doctrine, citing factors relevant to the analysis, such as employee's physical impairment, his intelligence, education, training, and ability to be retrained, as well as absence of expert testimony supporting employee's position. Employee was capable of obtaining employment.
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| Bright v. Supervalue, Inc., No. 7-100 / 06-0753,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Order overturning award of additional 20 percent industrial disability was upheld where employee failed to show loss of earning capacity that was not within the contemplation of the parties at the time of the original award; the employee's reduction in earning capacity was caused by the closing of the employer's warehouse, not his original injury.
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| Dodge v. State, No. 7-141 / 06-0736,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Defendant did not receive ineffective assistance of counsel with advice he received about plea offer because even if he had attempted to plead guilty to drug charge, court, pursuant to Iowa R. Crim. P. 2.8(2)(b), would have found that there was insufficient evidence to establish required quantity element and rejected plea for lack of factual basis.
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| Dovetail Builders, L.L.C. v. Woepking, No. 6-1025 / 06-0272,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: A finding that purchasers were liable for the breach of a real estate purchase agreement was appropriate because the only financing contingency in the contract was satisfied when the purchasers provided the builder with the loan commitment and the evidence did not support a finding that the purchasers could not obtain conventional financing.
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| Gardner v. Wandersee, No. 7-068 / 06-0454,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Judgment was properly granted in favor of the sellers on the buyers' claims for fraudulent nondisclosure and violation of Iowa Code ch. 558A where the buyers' requested jury instruction did not accurately state the law, and the buyers did not suffer prejudice from the district court's failure to give the requested instruction.
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| Ghobashi v. Wells Fargo Home Mortg., Inc., No. 7-085 / 06-0924,
COURT OF APPEALS OF IOWA, April 11, 2007,
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Overview: Summary judgment was properly awarded to a mortgagee in a mortgagor's action alleging that mortgagee failed to give him notice of his right to cure default where mortgagor did not submit affidavits in resistance to summary judgment motion until well over 15 days after the motion was served, contrary to the requirements of Iowa R. Civ. P. 1.981(3).
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| Harrington v. State, No. 7-020 / 05-1351,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Defense counsel did not fail in essential duty to her client as, even if she breached essential duty by failing to plead and argue a diminished capacity defense, that breach did not prejudice her client; evidence indicating defendant could not form requisite intent for first-degree murder was not strong nor was evidence connecting her to the crime.
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| Housholder v. State, No. 7-106 / 06-1139,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: A district court properly denied appellant postconviction relief where appellant's hospital records and an independent psychological examination did not support a diminished capacity or temporary insanity defense, and thus, his trial counsel was not ineffective in failing to further investigate his mental status and condition.
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| In re A.H.F., No. 7-179 / 07-0230,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Court did not err in terminating mother's parental rights to her two children under Iowa Code § 232.116; issue most concerning to DHS throughout, and which ultimately led to decision to terminate, was mother's drug use, that concern substantial and clearly supported the termination, and the children could not be returned to the mother's custody.
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| In re C.A.H., No. 7-173 / 06-2052,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Denial of modification of disposition or dismissal of child in need of assistance adjudication was affirmed because no substantial change in material circumstances was proven, and the juvenile remained in need of care, supervision and treatment.
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