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| In the Interest of R.B., No. 6-392 / 06-0594,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Court affirmed trial court's entry of a permanency order for continued placement of a mother's children in foster care pursuant to Iowa Code § 232.104(2)(d) because of the mother's ongoing substance abuse and failure to follow through with recommended services to address her drug problem.
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| In the Interest of V.D.F., No. 6-393 / 06-0379,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Trial court did not err in terminating a mother's parental rights to her child pursuant to Iowa Code § 232.116(1)(f) because, while mother showed a most recent renewed interest in caring for her daughter, that did not adequately cure her cyclical pattern of prioritizing her substance abuse and criminal activity over the child's care and interests.
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| Mather v. Benton County Cmty. Sch. Dist., No. 6-312 / 05-0985,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: In action brought by plaintiff who slipped and fell on interior walkway of public high school, trial court did not err in excluding two jury instructions that plaintiff proposed because instructions drew their authority from Iowa Code § 364.12(2)(b) (2001), which did not apply to private walkways totally contained within private property.
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| Murillo v. IBP, Inc., No. 6-310 / 05-0955,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Workers' Compensation Commissioner's denial of permanent partial disability and medical benefits for a claimant who alleged injury to his shoulders, arms, back, and neck was supported by substantial evidence under Iowa Code § 17A.19(10)(f) because all but one doctor found no permanent injury, and there was no demonstrated loss of earning capacity.
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| Nurmela v. Vitalis Residuary Trust (In re Estate of Vitalis), No. 6-146 / 04-1319, No. 6-161 / 05-0946,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Summary judgment was properly granted where, upon review of assigned errors for those claims properly raised and preserved, court determined record did not contain disputed issue of material fact sufficient to send remainder beneficiaries' claims of breach of fiduciary duty to jury.
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| Parson's Inn, Inc. v. Mahaska County Bd. of Review, No. 5-874 / 05-0568,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Property tax exemption under Iowa Code § 427.1(8) was denied because a taxpayer failed to show that care provided to persons undergoing medical care and their families was provided on a gratuitous basis where a facility was primarily used for a family's residence; their occupancy did not further the charitable goals of the institution.
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| Perkins v. Dallas Center-Grimes Cmty. Sch. Dist., No. 6-241 / 05-1075,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: A student's suit against a school district that was a municipality after she was injured at a high school was properly dismissed for untimeliness where she filed more than two years after giving notice. Because Iowa Code § 670.5 remained a valid statute of limitations, Iowa Code § 614.8 did not apply to toll its two-year filing requirement.
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| Poyner v. State, No. 6-274 / 03-1969,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Where the inmate argued a newly discovered knife and a related lab report, that showed none of the murder victim's blood was on the knife, and he testified at his postconviction hearing that the knife was not the murder weapon, the items were not relevant; dismissal of the petition as untimely under Iowa Code Ann. § 822.3 (2001) was affirmed.
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| State v. Beck, No. 6-367 / 05-0730,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Substantial evidence supported defendant's convictions for second-degree criminal mischief, third-degree burglary, and second-degree theft because items reported stolen from home were found in defendant's possession, hair and shoe print matching defendant's hair and shoes were found on premises, and she had motive to retaliate against home owner.
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| State v. Brown, No. 6-233 /05-0761,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Defendant's convictions for voluntary manslaughter and willful injury causing serious injury merged because willful injury was lesser-included offense of crime of voluntary manslaughter and five shots defendant fired did not occur separately so as to constitute distinct offenses.
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