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| Pranjkovic v. Saychareun, No. 7-431 / 06-1489,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Under Iowa Code § 598.41(3) (2005) and In re Marriage of Winter, it was in child's best interests to award mother physical care; inter alia, mother had been child's primary caretaker throughout her life, father took no financial responsibility for child until ordered by court to do so, and he failed to take advantage of some visitation awarded him.
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| Sciacca v. Iowa Dep't of Human Servs., No. 7-329 / 06-1276,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Iowa Department of Inspections and Appeals properly found that a nurse committed dependent adult abuse under Iowa Code § 235B.2(5)(a)(1)(a) by assaulting a patient as the nurse grabbed the patient's wrists in an overly rough manner and engaged in a second arm struggle with her, which scared the patient and caused bruising on her wrists.
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| State v. Anderson, No. 7-128 / 06-0048,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Court of Appeals of Iowa declined to review constitutionality of Iowa Code § 815.9 (2005) because instant case was similar case to State v. Dudley, issues were fully discussed and decided in Dudley, and court found the reasoning in Dudley persuasive and the authority cited in that case was controlling.
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| State v. Demoss, No. 7-363 / 06-1337,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Evidence was sufficient to convict defendant on 11 counts of second-degree sexual abuse and 12 counts of indecent contact with a child under Iowa Code §§ 709.3, .12 as he made a written confession, a doctor testified about the victim's statements as to the frequency of the sexual contact, and defendant stated that he eased the victim into anal sex.
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| State v. Gray, No. 7-397 / 06-0578,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Evidence was sufficient for conviction of Iowa Code § 124.401(1)(b) possession of cocaine base with intent to deliver because, inter alia, police officers gave expert testimony regarding significance of amount of cocaine found on defendant, which weighed 16 grams, and defendant gave inconsistent explanations for source and denominations of $ 3850.
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| State v. Kakal, No. 7-361 / 06-1262,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Sentence of up to 1 year for second-degree harassment was vacated and remanded for resentencing because the sentence impermissibly imposed an indeterminate term on a serious misdemeanor conviction, and Iowa's indeterminate sentencing law, Iowa Code § 902.3, was inapplicable to misdemeanors.
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| State v. Nosa, No. 7-374 / 06-1809,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: While defense counsel availed himself of the opportunity to address the court during defendant's sentencing for credit card fraud, this was insufficient to meet the requirements of Iowa R. Crim. P. 2.23(3); the trial court's failure to unambiguously provide defendant with the opportunity to exercise his right to allocution required resentencing.
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| State v. Pendleton, No. 7-189 / 06-0208,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Trial court erred in sustaining the State's hearsay objection under Iowa R. Evid. 5.801, 5.802 and excluding defense witness testimony that a person asked defendant to help her move appliances next door as the statement made immediately prior to the burglary was not hearsay and was relevant defendant's theory of defense.
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| State v. Robertson, No. 7-328 / 06-1263,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Police had probable cause for defendant's warrantless arrest under Iowa Code § 804.7 because a reliable informant made a purchase of drugs from defendant less than 48 hours before the arrest, and when stopped, the informant told police that defendant had not yet delivered the agreed upon drugs, so they were either on his person or in the truck.
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| State v. Waltmann, No. 7-319 / 06-0663,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Defendant was not entitled to reversal of her conviction for stalking in violation of Iowa Code § 708.11 based on her claim that counsel was ineffective in failing to object to letters and testimony in which defendant referred to prior improper behavior because there was no prejudice as the evidence of stalking was overwhelming.
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