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| Rapp v. Abraham, No. 7-260 / 06-0451,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Trial court did not err in changing child's surname to that of his father in custody and visitation dispute under Iowa code § 600B.40 because change was in child's best interest as he would not be harmed by the change and the father's bond go the child would be positively affected by a change while the mother's bond would not be adversely affected.
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| Spears v. Iowa Workers' Comp. Comm'r, No. 6-1070 / 06-0603,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Workers' Compensation Commissioner properly found that an employee sustained a 20 percent industrial disability under Iowa Code § 85.34 as a doctor assigned a 10 percent impairment rating, with one-half apportioned to pre-existing degenerative disc disease and one-half to the work injury, and the employee had a limited educational background.
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| State v. Asling, No. 7-195 / 06-0836,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: In a domestic abuse assault case, the trial court did not abuse its discretion in conditionally admitting evidence of a prior alleged assault against the victim, pursuant to Iowa R. Evid. 5.104(b), as defendant did not seek a mistrial based on the State's failure to properly connect the evidence to him, nor seek to have the evidence stricken.
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| State v. Blow, No. 7-358 / 06-1096,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: A motion to suppress evidence was properly denied in a drug case because there was no violation of rights under the Fourth Amendment and Iowa Const. art. 1, § 8 since there was probable cause for a warrant; statements given to a magistrate regarding the location of marijuana plants did not constitute a reckless disregard of the truth.
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| State v. Davis, No. 7-312 / 06-0059,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Defendant's conviction for indecent acts with a child in violation of Iowa Code § 709.12(2) was affirmed. An expert proposed testimony regarding allegations of sexual abuse by defendant's nephew would have been a comment on the nephew's veracity and defendant's guilt, and the error was harmless when the expert's report was entered into evidence.
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| State v. Gomez-Rodriguez, No. 7-193 / 06-0527,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: In a double murder case, defense counsel was not ineffective by failing to argue the defense of imperfect self-defense as the defense had not been adopted in Iowa, and it was unlikely that a defense under Iowa Code § 704.3 would have succeeded as defendant tracked down the victims to their home and waited for them with loaded weapons.
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| State v. Newman, No. 7-325 / 06-1149,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Ineffective assistance of counsel resulted when there was no effort to ensure that a jury waiver substantially complied with Iowa R. Crim. P. 2.17(1); a colloquy conducted did not touch upon any of the applicable five factors, and prejudice was presumed.
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| State v. Schofield, No. 7-132 / 06-0301,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Trial court did not err by denying defendant's motion to sever under Iowa R. Crim. P. 2.6(1) 17 charges arising from drug sale from two charges arising from drugs officers found in defendant's home because two marijuana-related charges involved many of the same officers and witnesses with other 17 counts and the prejudicial effects were minimal.
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| State v. Shine, No. 7-368 / 06-1678,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: A trial court erroneously granted defendant's motion to suppress in defendant's prosecution for marijuana possession because a police officer had reasonable cause to stop defendant, who was identified as someone attempting a burglary, and defendant consented to a pat down, which revealed an object that defendant claimed was a pocket knife.
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