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| State v. Damm, No. 6-314 / 05-1024,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: In a possession of methamphetamine with intent to deliver case, denial of defendant's motion to suppress was proper as the arresting officer was justified in stopping defendant's vehiclehe had reasonable suspicion that criminal activity was afoot and that the occupants of defendant's truck were involved in those criminal activities.
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| State v. Emery, No. 6-316 / 05-1102,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: In a conspiracy to delivery marijuana case, the trial court improperly imposed a 10-dollar drug abuse resistance education (DARE) surcharge as Iowa Code § 453B.3 was not included in the crimes listed in Iowa Code § 911.2 as being subject to a DARE surcharge.
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| State v. Hoosman, No. 5-831 / 04-1364,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Judge had not abused his discretion by failing to recuse himself from proceedings in which defendant was found to be a third time offender because even though judge had prosecuted him on a 1979 charge, and was presiding judge during a 1991 trial, defendant had not shown judge had any personal bias or prejudice arising from an extrajudicial source.
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| State v. Meyer, No. 5-981 / 04-1305,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Defendant's job description and training as a certified nursing assistant established as a matter of law that she did not provide mental health services as contemplated by Iowa Code § 709.15(1)(f), and therefore her conviction under that statute was reversed.
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| State v. Mueller, No. 6-377 / 05-1315,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Substantial evidence supported defendant's conviction for third-offense operating while intoxicated due to the odor of alcohol emanating from him, his slurred speech, his statement to the police that he had stopped drinking only a half hour earlier, and his initial claim to the police that he was not driving a vehicle that collided with parked car.
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| State v. Murray, No. 6-341 / 05-0769,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Evidence was sufficient for defendant to have been convicted of assault causing bodily injury, in violation of Iowa Code §§ 708.1 and 708.2(2), as it was reasonable for the jury to have found that an admitted angry and upset assailant burst through two secured doors and punched a man found in his girlfriend's apartment at an unusual hour.
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| State v. Peterson, No. 6-227 / 05-0582,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Evidence was sufficient to sustain defendant's drug delivery convictions because a witness was not an accomplice, Iowa R. Crim. P. 2.21, where his only involvement was as a witness to the events or a recipient of the drugs; that fell short of demonstrating that the witness could have been charged with and convicted of delivering methamphetamine.
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| State v. Taylor, No. 6-224 / 05-0538,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Judgment convicting defendant of second-degree burglary and extortion was affirmed because although defendant expressed a desire for substitute counsel, he did not follow through on his request and no further record was made on the matter; the court did, however, preserve the issue for a possible postconviction relief application.
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| State v. Wright, No. 6-228 / 05-0587,
COURT OF APPEALS OF IOWA, June 14, 2006, Filed
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Overview: Sufficient evidence supported defendant's conviction of possession of more than 10 grams of crack cocaine with the intent to deliver when evidence included testimony that a cocaine rock on ground where defendant ran from officers was similar to other cocaine found on him and that number of rocks on defendant was consistent with intent to deliver.
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