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| State v. Ziehl, No. 6-277 / 05-0293,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Defendant's conviction for operating a motor vehicle while intoxicated was affirmed because defendant's Fourth Amendment protections did not apply to a local resident's actions (when defendant drove off a public road on to private property, the resident had driven his truck behind defendant's car, cutting off access to the public road).
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| Stigler v. State, No. 6-136 / 05-0998,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: An inmate received ineffective assistance of counsel when his postconviction counsel failed to assert the argument that Iowa Code § 614.10 applied where his first petition was dismissed with permission to refile; the parties clearly intended the refiling to be a continuation of the first action.
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| Walters v. Bockert, No. 6-066 / 05-0224,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Summary judgment was properly granted to the State in a case arising from alleged negligence in road maintenance because discretionary function immunity under Iowa Code § 669.14(1) applied; a policy in force did not eliminate choices made by State employees in making repair decisions, and the State entertained economic and political considerations.
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| West v. Ohrt, No. 5-943 / 05-0040,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: First personal injury lawsuit by passenger against driver led to verdict in favor of driver and second lawsuit was resolved in favor of driver on summary judgment; the favorable verdict in first lawsuit precluded further litigation in second as their interests were identical and the issue in both was negligence, which was litigated in first action.
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