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| State v. Buchanan, No. 7-324 / 06-1126,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: State had not violated defendant's rights under Batson v. Kentucky or the Fourteenth Amendment during jury selection because, although the only two African-American prospective jurors were struck from the panel, the court accepted the explanation for the strikes and found that State had struck the two prospective jurors for race-neutral reasons.
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| State v. Chiavetta, No. 7-311 / 05-1911,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Where defendant was convicted of second-degree murder and administering a harmful substance, her confession was not subject to suppression under the Fifth Amendment, the Fourteenth Amendment, and Iowa Const. art. I, § 9 because her interrogation in a hospital bed was noncustodial and her confession was voluntary; redaction of statement was proper.
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| State v. D'Amico, No. 7-337 / 06-1871,
COURT OF APPEALS OF IOWA, June 27, 2007, FiledFiled
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Overview: A restitution amount was not excessive under Iowa Code § 910.1(4) (2005) because it bore a reasonable relationship to the damage caused by defendant's criminal act of stealing an automobile from a dealership; the dealership was required to reveal to potential buyers that the car had been stolen, and that made the car worth less than it was before.
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| State v. Davis, No. 7-095 / 05-1339,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Trial court did not err in denying defendant's new trial motion after jury convicted him of first-degree robbery under Iowa Code § 711.2 because, despite inconsistencies in witnesses' statements and testimony, which were largely attributable to witnesses' familial relationships to defendant, guilty verdict was not contrary to weight of evidence.
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| State v. Dudley, No. 7-129 / 06-0049,
COURT OF APPEALS OF IOWA, June 27, 2007, FiledFiled
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Overview: Iowa Code § 815.9 did not violate acquitted defendant's rights to equal protection or procedural due process because statute provided him with protections not afforded to convicted indigent defendants, and he was afforded a hearing and provided with adequate notice of his responsibility to reimburse the State for his court-appointed attorney fees.
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| State v. Frey, No. 7-205 / 06-1081,
COURT OF APPEALS OF IOWA, June 27, 2007, FiledFiled
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Overview: Defendant's ineffective assistance of counsel claim based on defense counsel's failure to object to use of term "victim" during trial was rejected on direct appeal because defendant did not establish that occasional references to the term "victim" by the prosecutor, the trial court, or defense counsel prejudiced him for Sixth Amendment purposes.
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| State v. Heno, No. 7-323 / 06-1103,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Trial court erred in ordering the sentences on each count of delivery of a controlled substance (marijuana) in violation of Iowa Code § 124.401(1)(d) to run consecutively, because although the court expressed its reasons for incarcerating rather than placing defendant on probation, it failed to state its reasons for imposing consecutive sentences.
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| State v. Mabie-Bahr, No. 7-188 / 06-0143,
COURT OF APPEALS OF IOWA, June 27, 2007, FiledFiled
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Overview: Evidence was sufficient to sustain a conviction for enticing away a minor under Iowa Code § 710.10 because the victim's mother told defendant that the victim was only twelve, the victim and defendant exchanged pictures, and defendant had sexually explicit conversations with the victim online and on the telephone.
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| State v. Mussmann, No. 7-282 / 06-1173,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Defendant was precluded, by the doctrine of res judicata, from collaterally attacking the Iowa Department of Public Safety's decision finding that he failed to comply with the sex offender registry residency requirements as he did not seek judicial review of the final agency action pursuant to Iowa Code ch. 17A.
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| State v. Rolan, No. 7-359 / 06-1105,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: While defendant's conviction for possession of controlled substance was upheld, her claim of ineffective assistance of counsel was preserved for postconviction relief because whether arrest warrant was valid or invalid at time of her arrest was unclear from record; the record was inadequate to determine whether the warrant involved clerical error.
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