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| State v. Smith, No. 7-207 / 06-1117,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Where defendant was charged with possession of a controlled substance, the trial court properly suppressed evidence obtained as a result of a consent search as it was unreasonable for the officer to believe that the consent given by the driver to search the car authorized a search of the purse owned by defendant, the only female on the car.
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| State v. Willette, No. 7-290 / 06-1659,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Defendant's sentence for third-degree sexual abuse and special sentence under Iowa Code § 903B.1 were affirmed. Although defendant's counsel breached an essential duty by failing to file motion in arrest of judgment after district court failed to properly inform him of the special sentence when defendant pled guilty, defendant showed no prejudice.
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| State v. Woodard, No. 7-283 / 06-1177,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: When defendant pled guilty to forgery in violation of Iowa Code § 715A.2(a) and waived his right to file a motion in arrest of judgment by asking a district court to sentence him immediately after his guilty plea, and no motion in arrest of judgment was filed as required by Iowa R. Crim. P. 2.24(3)(a), no error was preserved for appellate review.
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| State v. Workman, No. 7-130 / 06-0151,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Although there was insufficient evidence to support a finding that defendant violated probation by possessing a hunting knife since the term "weapon" should have been defined as a dangerous weapon under Iowa Code § 702.7, the evidence showed that defendant violated other provisions by having pornography and failing to call in by curfew.
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| State v. York, No. 7-047 / 05-0885,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: In defendant's manslaughter case, a court erred by admitting a shaken baby syndrome video because it was more prejudicial than probative under Iowa R. Evid. 5.403; the depictions of profoundly disabled shaken baby syndrome victims were sufficient to invite a sympathetic or emotional response from even the most detached and objective viewer.
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| Taylor v. State, No. 7-292 / 06-1743,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Defendant's application for postconviction relief was properly dismissed because there was no reasonable probability that an early attempt by defense counsel to determine the admissibility of prior bad acts evidence would have prompted defendant to accept plea offer; defendant had rejected the plea agreement because its terms required imprisonment.
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| Thacker v. Thacker, No. 7-277 / 06-1766,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: An action seeking to partition real property was time barred under Iowa Code § 614.17A since an alleged mistake in a deed was made in 1987; even under the delayed discovery rule, the cause of action was still untimely since it would have accrued in 1994.
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| Tomkins v. State, No. 7-289 / 06-1529,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Trial court did not err in denying defendant's application for postconviction relief because the record did not support defendant's claim that he was not informed of maximum possible sentence; defense counsel testified that he advised defendant he could face up to 10 years in prison. Defendant failed to prove that counsel failed in essential duty.
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| Tyson Foods, Inc. v. Labor Comm'r, No. 7-262 / 06-0604,
COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: When Iowa Labor Commissioner And Employment Appeal Board issued a repeat violation to an employer, the board acted in a manner that was irrational, illogical, or wholly unjustified or was erroneous, pursuant to Iowa Code section 17A.19(10), because a settlement that had been reached made a prior violation de minimis.
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