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| In the Interest of S.J.T., No. 7-391 / 07-0675,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Inter alia, court did not err in terminating mother's parental rights under Iowa Code §§ 232.116(1)(d) and (f) as there was clear evidence children could not be returned to her care; they had been out of her care for more than 20 months and she had struggled with mental health issues, illegal activities, substance abuse, and violent relationships.
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| In the Interest of T.H., No. 7-388 / 07-0650,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Termination of mother's parental rights was upheld under Iowa Code § 232.116(1)(f) because mother acknowledged a positive cocaine test less than two months before the termination hearing, she admitted a history of minimizing substance abuse, she also acknowledged that child did not want to return home, and termination was in child's best interests.
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| John Deere Des Moines Works v. Galvan, No. 7-266 / 06-0759,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Commissioner erred in awarding benefits on a worker's claims for bilateral carpal tunnel (a scheduled injury under Iowa Code § 85.34(2)(s)) and tinnitus as the carpal tunnel and tinnitus were not a single injury; permanent partial disability resulting from a scheduled injury was compensated on a functional basis, not for a loss of earning capacity.
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| Kula v. Boone County Hosp., No. 7-369 / 06-1781,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: The denial of plaintiffs' motion for a new trial after a verdict was rendered in favor of a hospital in plaintiffs' medical-malpractice action was proper under Iowa R. Evid. 5.401 and 5.403 because the questioned medical records were admissible since plaintiffs' pleading put both the patient's physical and mental condition at issue in the case.
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| Morris v. State, No. 7-279 / 06-0069,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Applicant's request for post-conviction relief was properly dismissed by trial court because counsel was not ineffective for failing to raise felony murder/merger doctrine when that doctrine had not yet been adopted, and reasonably competent counsel would not have been expected to challenge well-established law.
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| Ransom v. Zeien, No. 7-401 / 06-1051,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: In a passenger's suit against the other driver for injuries sustained in a car accident, denial of the passenger's motion for new trial was proper as the jury found the passenger's driver was negligent by failing to keep his vehicle under control, and the passenger's medical expenses and pain and suffering awards were proper questions for the jury.
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| Reelfs v. Empl. Appeal Bd., No. 7-334 / 06-1750,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Denial of claim for unemployment compensation benefits was affirmed because there was substantial evidence for the conclusion that the employer did not receive timely authorization for the employee's absence, and the evidence indicated the employee was absent for more than three consecutive work days without proper notification and authorization.
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| Shebetka v. Worley Warehousing, Inc., No. 7-276 / 06-1430,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: In a workers' compensation case, a benefits claimant failed to establish a prima facie case that he was unemployable under the odd-lot doctrine where a vocational rehabilitation counselor testified that the clamant should have been able to obtain employment in the fields of sales or sales management. Moreover, his education was properly considered.
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| State v. Bailey, No. 7-320 / 06-0837,
COURT OF APPEALS OF IOWA, June 27, 2007, FiledFiled
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Overview: In a third degree burglary case, defendant's claims of ineffective assistance of counsel related to the testimony of law enforcement officers and the victim were preserved for postconviction relief, because the record was not fully developed.
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