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| In the Interest of N.L.A., No. 7-305 / 07-0642,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: Order terminating a father's parental rights pursuant to Iowa Code § 232.116(1)(d), (e), and (h) was upheld where State of Iowa satisfied its burden of proving that it made reasonable efforts to reunify father with child; Iowa Department of Human Services developed treatment plan, imposing on itself obligation to monitor father's care of the child.
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| In the Interest of T.L.J., No. 7-301 / 07-0396,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: Termination of mother's and father's parental rights was appropriate because (1) the child was very strongly bonded with his foster parents; (2) the family member that the parents wanted to have adopt the child had been rejected as a foster parent; and (3) the child's best interests were served by continued placement in the foster family's home.
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| Jasper v. H. Nizam, Inc., No. 7-052 / 05-1994,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: A trial court erred in granting a daycare center judgment after a jury found in favor of an employee on a wrongful termination in violation of public policy claim where, inter alia, the trial testimony provided a reasonable basis to infer that the employee's refusal to cut staff ratios was the determinative factor in the termination decision.
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| Klein v. Wisman, No. 7-210 / 06-1245,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: An order dismissing plaintiff's tort action against defendants pursuant to Iowa R. Civ. P. 1.944 was upheld where plaintiff's motion for a continuance did not mention that case would be dismissed if not tried prior to January 1, 2005, and gave no reasons why the case should be given a longer life than intended under the declared policy of the rule.
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| Moon v. State, No. 6-606 / 05-0816,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: Counsel was not ineffective, Sixth Amendment, for failing to present witnesses to an alleged other perpetrator's confessions because counsel cross-examined the witness extensively and in doing so was able to use the statements implicating him without opening the door to the applicant's involvement, which calling the other witnesses would have done.
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| Reveiz v. Iowa Bd. of Med. Exam'rs, No. 6-1015 / 05-2095,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: In a medical disciplinary case, the notice of hearing and statement of charges against the doctor, including a paragraph regarding three prior cases of incompetency, were public records and did not have to be kept confidential under Iowa Code § 272C.6(4) because, inter alia, the limited information did not offend the confidentiality requirements.
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| State v. Bearse, No. 7-230 / 06-0916,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: At sentencing hearing after defendant's guilty plea to sexual abuse in third degree, in violation of Iowa Code § 709.4, defense counsel was not ineffective for failing to object to prosecutor's reference to the PSI; inter alia, State did not breach plea agreement and proceedings would not have been different even if State had not referred to PSI.
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| State v. Condit, No. 6-1053 / 05-1547,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: Evidence was sufficient to support verdict finding defendant guilty of third-degree sexual abuse under Iowa Code §§ 709.1, 709.4(1), and 702.17. While defendant admitted that he had vaginal intercourse with victim, he claimed it was consensual; victim offered contrary explanation of facts that jury was free to believe over that of defendant.
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| State v. Faga, No. 7-199 / 06-0945,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: Court did not err in denying defendant's motion to suppress after she was charged with possession of marijuana with intent to deliver and failure to affix a drug tax stamp where her violation of speed limit provided probable cause to stop her truck. The 30 to 50 minutes that it took to process her documents and issue a ticket was not unreasonable.
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| State v. Farlow, No. 7-244 / 06-1776,
COURT OF APPEALS OF IOWA, May 9, 2007, Filed
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Overview: Because defendant was arrested when he asked about making phone calls, his rights under Iowa Code § 804.20 were invoked, but fact defendant was in possession of working cell phone on which he made and received calls negated any further responsibility on officer's part to supply him with phone and court did not err in denying his motion to suppress.
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