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| Short v. State, No. 7-236 / 06-1066,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: When on the eve of trial an inmate's mother told defense counsel about her observations when the inmate allegedly sexually abused to boys, it was too late to add her to the witness list under Iowa R. Crim. P. 2.13(4). Thus, the counsel breached no duty that would support the inmate's postconviction relief application, which was properly denied.
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| Spreitzer v. Ross, No. 7-197 / 06-0877,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: District court's denial of bank's motion for JNOV in fraud action was reversed because a guarantor failed to prove justifiable reliance and damages. The guarantor's his asserted reliance on a banker's verbal assurance contrary to the explicit terms of the written guaranty was not reasonable.
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| State v. Abrahamson, No. 7-226 / 06-0383,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: When a district court substantially complied with Iowa R. Crim. P. 2.8(2)(d) for explaining the necessity of a motion in arrest of judgment to attack defendant's guilty plea to possession of pseudoephedrine, a violation of Iowa Code § 124.401(4), defendant failed to preserve error for review when he failed to file the motion in arrest of judgment.
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| State v. Anderson, No. 7-267 / 06-0942,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Counsel was not ineffective for failing to file motion for new trial, as it would have been meritless when guilty verdict on forgery charge under Iowa Code § 715A.2 was not contrary to weight of evidence. Victim testified that defendant was not authorized to use checks at issue, and defendant was impeached by prior forgery and burglary convictions.
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| State v. Dugan, No. 7-286 / 06-1441,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: District court did not abuse its discretion in sentencing defendant to total of five years' imprisonment on conviction for drug tax stamp violation under Iowa Code § 453B.3 and assault under § 708.2 based on finding that probation would not be effective deterrent, as he had previously completed 30 months' probation on aggravated battery conviction.
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| State v. Harriman, No. 7-274 / 06-1309,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Court properly denied defendant's motion to suppress during his trial for possession of five or more grams of amphetamine with intent to deliver where contraband was discovered pursuant to plain-feel exception to warrant requirement. It was apparent to an officer, upon performing pat down, that object in defendant's pocket was controlled substance.
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| State v. Howard, No. 7-321 / 06-0844,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Evidence was sufficient to support convictions for conspiracy to possess with intent to deliver cocaine, possession, and a drug tax stamp violation under Iowa Code §§ 124.401(1)(b)(3), (5), 124.411, and 453B.12 because defendant was found exiting a bathroom where evidence was discovered and his fingerprints were on baggies used in drug packaging.
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| Woods v. Des Moines Pub. Sch. Dist., No. 6-1040 / 06-1008,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Substantial evidence supported the assessment of a 20 percent industrial disability to the claimant as a result of her left shoulder injury, because the finding was consistent with the impairment ratings assigned by the claimant's own doctors, the physical limitations the injury had placed upon her, and her ability to work.
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