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| Annett Holdings, Inc. v. Allen, No. 7-270 / 06-1009,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: In a worker's compensation matter, truck driver was resident of Illinois, and employer was Iowa corporation. Commissioner properly determined that jurisdiction in Iowa was correct, pursuant to Iowa Code § 85.71(1), because definition of "regularly" required an employee's physical presence in state.
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| Bear v. State, No. 7-149 / 06-1048,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: In a second degree murder case, while the prosecutor's "was he lying" question to defendant about the veracity of a State's witness's testimony was improper, defendant suffered no prejudice as the question was a single, isolated incident and was not revisited in closing argument.
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| Govan v. State, No. 7-280 / 06-0609,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Counsel was not ineffective for failing to challenge sufficiency of evidence to support jury's finding that defendant was guilty of second-degree robbery, in violation of Iowa Code § 711.3, because contrary to defendant's assertion, fact that he relinquished packages of meat before leaving a grocery store did not negate "intent to deprive" element.
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| Heath v. State, No. 7-227 / 06-0492,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Postconviction relief was denied after a conviction for first-degree murder because neither trial counsel nor appellate counsel were ineffective for failing to object to or raise an issue relating to the admission of an expert in gang activity; the defense theory of pointing the finger at someone else required the admission of some of the evidence.
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| In re Delehoy, No. 7-160 / 06-1852,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Despite prior instability due to a violent relationship and a criminal record, a mother was given physical care of a child because she had ended the relationship and had made efforts to improve her instability; however, a father was given additional visitation since it was in the best interest of the child under Iowa Code § 598.41(1)(a).
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| In re Marriage of Hansen, No. 6-1088 / 06-1112,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Because the father failed to show a substantial change in circumstances since the entry of the original dissolution decree and failed to prove he possessed the ability to provide superior care for the teenaged children, denial of his application to modify the dissolution decree to place physical care of the children with him was proper.
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| In re Marriage of Minnaert, No. 7-298 / 06-2003,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Trial court erred in terminating an ex-husband's alimony obligation to his former wife when she was remarried as extraordinary circumstances supported her need for alimony, including that she had health problems and expensive medical insurance, and that she was only employed part-time and her new husband was only partly able to assist her.
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| In re Marriage of Palek, No. 7-113 / 06-1552,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Despite one child's preference, a father was properly awarded physical care of two minor children because a mother was not more financially stable based on her acceptance of a job in Illinois right before the divorce that did not significantly improve her financial situation; moreover, the father's work and home environments were established.
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| In re Marriage of Salkil, No. 7-333 / 06-1697,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Trial court erred in ordering former wife to pay former husband the value of personal property that he had left in the marital home two years before the marriage dissolution hearing because the items were already lost at the time of the hearing, which was relevant date in terms of property distribution, and the assets' value at that time was zero.
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| In re Marriage of Shilling, No. 7-031 / 06-0820,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: A former husband's request for the termination of military benefits paid to his former wife was denied because the husband was unable to prove by a preponderance of the evidence that the wife and her boyfriend had a common law marriage; there was no substantial holding out to the public in general.
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