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| Parisi Enters. v. CRST Van Expedited, Inc., No. 6-235 / 05-0844,
COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Freight hauler invalidly terminated commission agreement with independent sales representative because 30-days notice was not given, and court erred in not fully compensating representative for commission it was due for 30-day period after the invalid termination as hauler had received revenue from 3 of representative's accounts during that period.
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| S.E. v. T.E. (In re Guardianship of J.M.E.), No. 6-504 / 06-0110,
COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Guardians sufficiently rebutted the presumption of Iowa Code § 633.559 that it was in the children's best interests to award custody and guardianship to the mother as she had not taken action to affirmatively assume the role of parent after nine years, instead limiting her role in parenting the children to exercising weekend visitation.
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| State v. Allen, No. 6-298 / 05-0284,
COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Trial court properly denied Batson challenge because prosecutor gave race-neutral reason for strike based on juror's occupation as a drug counselor rendering her partial to defendant, and no intent to discriminate based on race was shown; also evidence supported finding that the board used in robbery was a dangerous weapon under Iowa Code § 702.7.
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| State v. Ayala, No. 6-502 / 05-2003,
COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: District court did not abuse its discretion in sentencing defendant where its first comment referencing the protection of victims of possible sexual abuse was appropriate as the victim was fourteen years old; as to the second challenged comment, defendant failed to show that the judge in sentencing him relied on unproven charges.
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| State v. Craig, No. 6-023 / 05-0784,
COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: On appeal, defendant claimed that the State breached an agreement to recommend a deferred judgment; however, because defendant's claim on appeal, a right to have the State recommend a deferred judgment, was different than the claim asserted in the trial court, entitlement to a deferred judgment, he had not preserved the claimed error on that claim.
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| State v. D'Amico, No. 6-491 / 05-1250,
COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Court affirmed an order requiring defendant to pay restitution for his stalking victim's slashed tires even though he asserted that he did not agree to accept responsibility for having slashed her tires; evidence, including testimony by the State's attorney regarding the terms of the plea agreement, supported district court's findings.
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| State v. Sahir, No. 5-940 / 04-2042,
COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Defendant was convicted of felony stalking; his violation of protective order was used to enhance sentence. Defendant could not allege violation of Sixth Amendment, when enhancement was not submitted to jury, because he failed to raise issue before district court. Defendant failed to show prejudice for ineffective assistance of counsel claim.
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