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| State v. Dau, No. 6-349 / 05-1183,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: A district court's restitution order, under Iowa Code § 910.7, was affirmed where defendant's argument that the district court failed to subtract from his restitution obligation the amount of money the victim received from insurance was not preserved because he failed to object to the State's failure to submit an insurance offset statement.
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| State v. Doss, No. 6-281 / 05-1192,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Defendant, a felon, was properly ordered to submit a DNA sample for profiling under Iowa Code ch. 81 because he was sentenced after June 14, 2005 and counsel was not ineffective in failing to raise an equal protection challenge or a search and seizure challenge under the Fourth Amendment and Iowa Const. art. I, § 8.
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| State v. Duke, No. 6-225 / 05-0556,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Defendant, who was convicted of drug and weapons charges, was properly denied suppression of evidence. A pat down search was reasonable based on a passenger's furtive movements and known criminal record and a visible bundle of money, and a dog-sniff was proper under the Fourth Amendment because it occurred within five minutes of the initial stop.
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| State v. Gary, No. 6-229 / 05-0597,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Defendant's Fourth Amendment rights were not violated when (1) his car was stopped on a reasonable, but wrong, belief an unlicensed driver drove it, (2) his car was searched, as marijuana odor was noted on his person, and (3) he was searched incident to a lawful arrest. Counsel was not ineffective for not raising a non-existent speedy trial breach.
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| State v. Hemm, No. 6-211 / 04-1419,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Evidence was sufficient to support convictions for murder in the first degree, Iowa Code § 707.2(1), and arson, Iowa Code § 712.3, because defendant presented implausible and differing explanations of events, the State presented expert testimony that defendant's versions were highly improbable, and physical evidence linked defendant to the crimes.
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| State v. Martinez, No. 6-372 / 05-1184,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Conspiracy to possess methamphetamine with intent to deliver contained an element not essential to prove conspiracy to deliver methamphetamine-possession. Thus, he could commit one offense without committing the other. Therefore, he could be punished separately for the two offenses, and his Fifth Amendment double jeopardy right was not violated.
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| State v. Ragsdale, No. 6-252 / 05-1316,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: An arresting officer violated a defendant's Fourth Amendment rights by searching inside his pants pocket without probable cause because the defendant's apparent nervousness, his day-time presence in a drug-trafficking area, and the officer's observation of a bulge in his pocket alone were insufficient to support the requisite reasonable suspicion.
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| State v. Reiter, No. 6-296 / 05-0154,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Defendant's conviction for assault causing bodily injury, in violation of Iowa Code §§ 708.1 and 708.2(2) (2001), was upheld where there was sufficient evidence that he intended to grab the victim, that he intended to throw the victim to the ground, and that the victim sustained substantial injuries as a result of the incident.
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| State v. Shaneyfelt, No. 6-369 / 05-1141,
COURT OF APPEALS OF IOWA, May 24, 2006, Filed
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Overview: Where defendant pled guilty to neglect or abandonment of a dependent person in violation of Iowa Code § 726.3, her sentence was upheld because it was not an abuse of discretion to consider the fact that the child was "seriously injured " under Iowa Code § 901.3(5), and defendant failed to preserve her disqualification argument.
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