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| Smith v. Littrel, No. 6-276 / 04-1929,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Where child was well-adjusted, well nourished, properly clothed, and healthy, the court agreed with the trial court that it would have served absolutely no purpose to restrict her visits with respondent mother by reducing the number of visits or by mandating that they be supervised, and the order of the district court was affirmed.
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| State v. Clark, No. 6-286 / 05-1801,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: In an eluding and operating without the owner's consent case, consecutive sentences were proper because the court recited cogent reasons for the maximum sentences; a wild chase which endangered defendant, pursuing officers, and citizens in the community, and a history of past convictions, including assaults and interference with official acts.
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| State v. Davis, No. 6-285 / 05-1779,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: A trial court properly denied defendant's request for a deferred judgment after she pled guilty to a charge of operating while intoxicated, first offense, where she had driven a vehicle while intoxicated and was involved in a hit-and-run accident. She also had a prior criminal conviction.
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| State v. Dirksen, No. 6-273 / 03-0796,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Because defendant's ineffective assistance of counsel claims implicated the validity of her guilty pleas, she had not waived her claims by pleading guilty. However, the record was not sufficient to resolve the ineffective assistance claims, so defendant's ineffective assistance claims were preserved for postconviction relief proceedings.
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| State v. Johnson, No. 6-226 / 05-0558,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: In a first-degree robbery case, evidence was insufficient to show that defendant was armed with a dangerous weapon, Iowa Code § 702.7, because, although the State showed that defendant was armed with a fully operational BB gun, it failed to present evidence to prove that the BB gun was "capable of inflicting death upon a human being."
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| State v. Kalar, No. 5-220 / 05-0298,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: In a child sexual abuse case, a court properly admitted a videotaped interview of the victim because the interview was conducted prior to the physical examination of the victim, Iowa R. Evid. 5.803, and it was the type of interview that would be relied upon by a physician for the purpose of medical diagnosis.
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| State v. Marshall, No. 6-209 / 03-0990,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Defendant's motion for substitution of counsel, under Sixth Amendment, was properly denied because nothing indicated that he and counsel experienced a complete breakdown in communication, and because a second attorney had not filed an appearance and the judge held a hearing on the issue, the judge adequately addressed defendant's request.
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| State v. McVey, No. 6-159 / 05-0786,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: District court's decision was affirmed; the decision did not address defendant's claims that outstanding arrest warrants should have been dismissed due to failure to prosecute, and the court could not consider an issue raised for the first time on appeal, even if it was of a constitutional dimension.
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| State v. Orvis, No. 6-065 / 05-0200,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Defendant's conviction of operating a motorcycle while intoxicated (OWI), Iowa Code § 321J.2 (2003), was affirmed where he suffered no harm from his counsel's less-than-specific motion for judgment of acquittal and the trial court properly considered a prior uncounseled guilty plea to OWI in elevating the crime to a third offense level.
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| State v. Robinson, No. 6-217 / 05-0205,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Defendant's first-degree arson conviction was affirmed because defendant could not establish prejudice in support of his ineffective assistance of counsel claim, given the overwhelming evidence of guilt; when defendant was stopped, he had a cigarette lighter with him, and he had an odor of gasoline and a burn on the back of his jacket.
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