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| In the Interest of L.H., No. 7-347 / 07-0482,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Parents' parental rights were properly terminated pursuant to Iowa Code § 232.116(1)(h) because it was undisputed that first three elements were proven and State also proved that children could not be returned to their parents' care given mother's long history of alcohol and drug abuse and father's current incarceration and long criminal history.
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| In the Interest of L.S., No. 7-304 / 07-0584,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: In termination of parental rights matter, termination was in child's best interests because child had tested positive for methamphetamine and marijuana, mother's drug test results were positive, and she refused to participate in treatment. Father refused to submit to drug tests, and he failed to complete treatment and participate in services.
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| In the Interest of M.A.P., No. 7-346 / 07-0436,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Termination of a mother's parental rights was in her child's best interests under Iowa Code § 232.116(1)(d) because the mother suffered from mental problems and from serious and unresolved substance abuse problems; further, she had been unable to secure and maintain employment or suitable housing.
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| In the Interest of S.I.B., No. 7-350 / 07-0481,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: State proved by clear and convincing evidence that mother's parental rights should be terminated under Iowa Code § 232.116(1)(e) when mother, following her own goals, turned her back on her son and left Iowa for extensive period of time. Mother's desires showed her lack of meaningful contact with son and were inconsistent with his best interests.
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| Johnson v. Iowa Empl. Appeal Bd., No. 7-259 / 06-0429,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Trial court properly upheld Iowa Employment Appeal Board's denial of unemployment insurance benefits where record indicated that employee did not raise his arguments prior to his action in trial court. The employer never had the opportunity to respond to the issues; similarly, the Board did not have an opportunity to consider or rule on the issues.
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| Millam v. State, No. 7-222 / 05-1970,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: District court improperly granted postconviction relief based on claims of ineffective assistance of counsel; trial counsel's failure to move for severance of the charges against defendant was not prejudicial as the facts did not override the presumption that the jury followed an instruction to consider each count separately.
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| R & C Indus. v. Nationwide Mut. Ins. Co., No. 7-192 / 06-0437,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: In an insurance dispute regarding the replacement cost of a warehouse roof, the district court did not err by ruling that replacement cost referred to a functionally equivalent property because the policy was ambiguous; the insurer's JNOV motion was properly granted as to bad faith because the definition of replacement cost was a debatable issue.
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| Richards v. Xenia Rural Water Dist., No. 7-213 / 06-1349,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Water district was entitled to a summary judgment in a condemnation protest on the issue as to whether the condemnation was necessary under Iowa Code § 6A.1 because the district presented evidence to show that the site selected for pipeline was reasonable, all that was required, and owner presented no evidence that selected site was unreasonable.
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| Shanks v. Iowa Dist. Court, No. 7-211 / 06-1328,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Writ of certiorari was sustained because the trial court had erred in finding the former husband in contempt because there was not substantial evidence in the record to show beyond a reasonable doubt that the husband willfully violated a court order or decree; the husband was making earnest attempts to obtain a stay while his appeals were pending.
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