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| State v. Hoaglund, No. 6-450 / 05-1104,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: An order of restitution on behalf of the Iowa Crime Victim Assistance Division was upheld where the trial court was not required to establish a causal connection between the assaults committed by defendant on his girlfriend's ex-husband and the repayments sought on behalf of the Crime Victim Assistance Division.
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| State v. Lucas, No. 6-309 / 05-0942,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Assuming without deciding that defendant was in custody before he received Miranda warnings, the admission of his statement was harmless, given the substantial evidence against him that supported his first-degree murder conviction; defendant admitted to his role in the murder and the physical evidence also supported the verdict.
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| State v. Mark, No. 6-421 / 05-0992,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Defendant was convicted of third-degree kidnapping. Defendant was not prejudiced by testimony about a polygraph test. Also, counsel did not render ineffective assistance by not objecting to drug testimony, under Iowa R. Evid. 5.404(b), because this was intricate part of testimony, and defendant was not prejudiced about reference to sexual history.
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| State v. McAlister, No. 6-216 / 05-0204,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Judgment convicting defendant of first-degree robbery was affirmed because district court did not err in refusing to include victim's name within a jury instruction on prior inconsistent statements and because, with the exception of one issue that was preserved for post conviction relief proceedings, ineffective assistance claims were meritless.
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| State v. Morris, No. 6-499 / 05-1819,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: In a prosecution of defendant for willful injury and going armed with intent, district court did not err in not sentencing defendant to probation. District court considered requisite factors and stated that probation would have unduly depreciated the seriousness of defendant's crimes and that there was need to protect the public from defendant.
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| State v. Nelson, No. 6-343 / 05-0882,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: In a first-degree murder case, defendant did not receive ineffective assistance of counsel based on a failure to object to a dying declaration under Iowa R. Evid. 5.805(b)(2) because the statement was not excludable merely because it was given in a car, and the victim believed death was imminent due to a gunshot wound to the head.
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| State v. Roby, No. 6-231 / 05-0630,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: In a sexual abuse case, a trial court did not err by imposing a five-year no-contact order under Iowa Code § 901.5(7A) for crimes that occurred prior to its enactment. Although this restricted defendant's freedom of movement, § 901.5(7A) and Iowa Code § 709.20 were civil in nature, so no ex post facto violation occurred.
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| State v. Salinas, No. 6-415 / 05-0772,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Defendant's Sixth Amendment right to a jury comprised of a fair cross section of the community was not violated where the evidence did not establish his ethnic background, the selection of Hispanics was fair and reasonable, the number of Hispanics in the community was not shown, and the selection complied with Iowa Code § 607A.22.
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| State v. Serykh, No. 6-460 / 05-1781,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Defendant's sentence for possession with intent to deliver psilocybin and possession with intent to deliver marijuana, Iowa Code §§ 124.401(1)(c), (d), 124.204(4) (2003), was affirmed because transcription of the district court's explanation for choosing probation demonstrated that it considered all pertinent factors pursuant to Iowa Code § 907.5.
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| State v. Sullivan, No. 6-466 / 05-1924,
COURT OF APPEALS OF IOWA, July 12, 2006, Filed
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Overview: Where the record showed that a conviction for driving while barred under Iowa Code §§ 321.555(1), 321.561 was at least defendant's tenth offense and prior rehabilitation efforts were unsuccessful, a district court did not abuse its discretion when it ordered consecutive sentences for that crime and leaving the scene of an accident.
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