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   State Courts - Iowa - April 25, 2007

  
State v. Cooper, No. 7-032 / 06-0840, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: If the State breached a plea agreement with defendant, then defendant's attorney had an obligation to object. However, appellate court could not decide on the record before it whether defendant's attorney might have had a reason for remaining silent. The issue was best reached in possible postconviction proceedings.

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State v. Cousins, No. 7-200 / 06-0985, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Defendant's convictions for manufacturing and possession of methamphetamine were affirmed because the record on direct appeal was insufficient to address his ineffective assistance of counsel claims. Inter alia, the record was unclear regarding assertion of his speedy trial right; therefore, the claims were preserved for postconviction relief.

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State v. Dawson, No. 7-063 / 06-0390, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Defendant's claims of ineffective assistance of trial counsel failed where he could not establish requisite prejudice; during his initial encounter with police and again at trial, defendant admitted stabbing victim. Defendant also admitted prior incident of domestic abuse assault, as well as physically abusing victim prior to stabbing her to death.

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State v. Gander, No. 7-232 / 06-0986, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Court did not err in sentencing defendant for conspiracy to manufacture methamphetamine, a violation of Iowa Code § 124.401(1)(c), and possession of ephedrine and lithium, a violation of § 124.401(4), as Iowa Code § 706.4 was inapplicable; possession of precursors was not offense underlying conviction of conspiracy to manufacture methamphetamine.

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State v. Johnson, No. 7-136 / 06-0468, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: A nunc pro tunc order holding that funds were properly withheld from defendant for the payment of his court costs and attorney fees was upheld because an earlier order modifying defendant's sentence held only that defendant was not responsible for restitution to the victims.

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State v. Lewis, No. 7-185 / 05-2079, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Defendant's motion to dismiss charges against him on speedy trial grounds should have been granted where the evidence did not support a finding that substitute defense counsel needed additional time to prepare for trial; substitute counsel had specifically requested a trial date within the 90-day time frame required by Iowa R. Crim. P. 2.33(2)(b).

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State v. Meyers, No. 7-201 / 06-0997, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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State v. Sallis, No. 7-241 / 06-1617, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Both nunc pro tunc order amending defendant's sentence and his original prison sentence for third-degree sexual abuse were vacated and the case was remanded for resentencing where the original judgment and sentence entered by the trial court were illegal and subject to correction as they did not comport with the requirements of Iowa Code § 903B.1.

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State v. Schaer, No. 6-893 / 05-0559, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Defendant's convictions for domestic abuse assault with intent to cause serious injury in violation of Iowa Code §§ 236.2(2)(d), 708.2A, and willful injury causing bodily injury were proper because statements that the victim made shortly after the assault to her stepsister, a nurse, and a doctor, were not testimonial.

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State v. Spates, No. 7-048 / 05-0926, COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Admission of videotape testimony regarding defendant's role in shooting under residual hearsay rule, Iowa R. Evid. 5.803(24), was proper because, after witness recanted her statements, admission of videotapes was necessary; interviews had sufficient circumstantial guarantees of trustworthiness; and admitting vidoetapes served interests of justice.

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