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| Phelan-Ruden v. Suddreth, No. 6-1022 / 06-0173,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: District court did not abuse its discretion in denying the parents' motion for additur or a new trial, because there was evidence from which a reasonable fact finder could conclude the parents had failed to prove an entitlement to damages for either a net value of the deceased's past and future lost services, or a present value of her estate.
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| Pickrell v. Schubert, No. 6-1065 / 06-0447,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Where a purchaser and an option holder entered into agreements regarding the purchase of property for a planned convenience store, the option holder's breach of contract claim failed because the option holder did not contract with the purchaser, either orally or in writing, to acquire a 50% interest in the real estate.
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| Sisk v. State, No. 7-133 / 06-0331,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Defendant's application for postconviction relief was properly denied because the trial court did not abuse its discretion when it denied his request for substitute counsel after he claimed his attorney had a conflict of interest; incompatibility was insufficient to support a claim of ineffective assistance of counsel due to a conflict of interest.
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| State ex rel. Sawvel v. Sawvel, No. 7-153 / 06-1431,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Court erred in allowing father to cease payment on his child support delinquency because mother had not paid her full amount of child support to him; ordering State to suspend collection efforts conflicted with Iowa Code § 239B.6(1)(b) and case law and State could collect his arrearages, but amount was limited to difference in what each party owed.
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| State v. Daugard, No. 7-138 / 06-0537,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: District court did not err in admitting evidence of defendant's prior interactions with victim and his work restrictions, Iowa R. Evid. 5.404(b), as evidence was relevant because it demonstrated defendant's relationship with the victim and explained the story of the crime; testimony from coworkers cast doubt on his defense of mistake or accident.
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| State v. Doyle, No. 7-096 / 05-2065,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Crime of theft by exercising control over stolen property under Iowa Code § 714.1(4) did not include the intent to deprive as an element. Therefore, defense counsel did not have a duty to object to the jury instructions because they did not include the element of intent to deprive. Thus, defendant did not receive ineffective assistance of counsel.
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| State v. Fishburn, No. 7-208 / 06-1148,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Although defendant argued that his trial counsel was ineffective for failing to file a motion in arrest of judgment, the record was inadequate to address defendant's claim. Even if the appellate court assumed defendant's attorney failed to perform an essential duty, the question remained whether that alleged failure prejudiced defendant.
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| State v. Heien, No. 7-083 / 06-0883,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Defendant's convictions for homicide by vehicle, involuntary manslaughter, and leaving the scene of a personal injury accident were proper because the evidence showed that the owner of the pickup entrusted it to defendant and his brother and defendant admitted that he had operated the vehicle on the day the victim was killed.
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| State v. King, No. 7-026 / 06-0418,
COURT OF APPEALS OF IOWA, April 11, 2007, Filed
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Overview: Record contained substantial evidence supporting the trial court's finding that defendant refused to consent to a chemical test, because the invalid test results were the result of defendant's staggered breath samples and not the officer's failure to comply with approved methods for operating the device.
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