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| Bailey v. State, No. 6-097 / 05-0504,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: A district court properly dismissed defendant's postconviction relief application where he failed to show that he was prejudiced by his counsel's failure to object to the State's line of questioning in impeaching a defense witness or by counsel's failure to argue that the verdict was against the weight of the evidence in a motion for a new trial.
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| Baltimore v. Drost, No. 6-327 / 05-1595,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: In a personal injury action arising from a car accident, plaintiff's delay in disclosing the evidence related to his mental health claim prejudiced defendants by introducing a new issue on the eve of trial, and the district court did not err in excluding the deposition testimony of a treating physician at trial.
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| Belken v. State, No. 6-125 / 05-0326,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Counsel were not ineffective, under Sixth Amendment, for failing to call applicant's eight-year old cousin as an alibi witness because he was nervous and jittery, and they were concerned that his testimony might appear to be concocted, as he was not asked to recall the events until six weeks afterward and could not recall specific details.
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| Berger v. Rios, No. 6-278 / 05-0976,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: An order awarding primary physical care of parties' child to mother was upheld where it was apparent that trial court carefully reviewed evidence before it in making its determinations. The trial court had found "lacking" the father's explanation for his failure to establish visitation or custodial rights to child until filing petition for custody.
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| Carlson v. State, No. 6-131 / 05-0796,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Request for postconviction relief in a drug case was mostly denied, even though an inmate was not required to avail himself of Iowa Code § 814.7 since he met the prior standard of preservation by asserting an ineffective assistance of counsel claim, because his guilty plea waived all objections other than those intrinsic to the plea.
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| Conner v. State, No. 6-127 / 05-0545,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Denial of defendant's petition for postconviction relief was proper as counsel was not ineffective for failing to argue trial information was constructively amended; amendment did not charge new and different offense, Iowa R. Crim. P. 2.4(8) and 2.5(5). Jury instruction did not lessen State's burden of proof. Counsel did raise issue of possession.
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| Edwards v. State, No. 6-190 / 05-0905,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: The denial of an applicant's petition for postconviction relief was appropriate because officers acted properly in moving bicycles to search for drugs and consequently, they were properly in possession of the bicycles containing the serial numbers. The court rejected the argument that the movement of the bicycles was a separate search.
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| Gerischer v. Snowstar Corp., No. 6-068 / 05-0241,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: A verdict in favor of a winter park owner on a negligence claim was reversed as the trial court erred in instructing the jury on primary assumption of the risk where none of the family members' specifications of negligence implicated or relied on any inherent risks of snow tubing. An expert witness was properly excluded under Iowa Evid. R. 5.702.
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| Gosenberg v. Gosenberg, No. 6-287 / 05-1944,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Relocation of a child to California was a substantial change in circumstances under Iowa Code § 598.21(8A); moreover, a change of custody was warranted due to the mother's instability in housing and employment, the fact that the child was falling behind due to home schooling, and the fact she failed to use child support to provide for basic needs.
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| Horton v. Uptown Partners, L.P., No. 6-163 / 05-0982,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Where there was no enforceable written or oral promise imposing a duty on a lessor to protect lessees from competition by agreeing not to lease space in shopping center to any entity engaging in the same business, lessees' implied covenant of good faith and fair dealing claim against the lessor failed as a matter of law under Iowa R. Civ. P. 1.981.
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