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| State v. Kirk, No. 7-433 / 06-1705,
COURT OF APPEALS OF IOWA, July 25, 2007, Filed
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Overview: Case worker should have been allowed to testify at defendant's sentencing hearing because her testimony went to key sentencing issue of whether imprisonment or lesser punishment was warranted under Iowa Code § 901.5, the delay defendant requested to allow the case worker to return to the courtroom was minimal, and her testimony was not cumulative.
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| State v. Mosher, No. 7-439 / 06-1974,
COURT OF APPEALS OF IOWA, July 25, 2007, Filed
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Overview: Defendant's conviction for possession of marijuana was reversed and remanded because the evidence did not allow a reasonable inference that he had control and dominion over the contraband, when one bag was in the living room on the main floor, and the rest of the bags were found upstairs in a bedroom used by a second individual.
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| State v. Walker, No. 7-472 / 06-1005,
COURT OF APPEALS OF IOWA, July 25, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of two counts of first-degree murder, because defendant's DNA was present on a bloody ski mask found at the scene of the crime, and a discharged bullet casing found at defendant's home matched those found at the scene of the murder.
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| Std. Printing & Design, Inc. v. Shell Rock Prods., No. 7-147 / 06-1041,
COURT OF APPEALS OF IOWA, July 25, 2007, Filed
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Overview: Record revealed defendant clearly did not accept all price point cards because it immediately discontinued use of the cards once it learned it was being billed more than $ 60,000, as defendant's owner only distributed several dozen cards before he learned the price for the order was much higher than expected, Iowa Code § 554.2602.
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| Struve v. Payvandi, No. 7-204 / 06-1067,
COURT OF APPEALS OF IOWA, July 25, 2007, Filed
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Overview: In a tenant's suit against her landlord for brain injuries she sustained allegedly due to a gas leak in her apartment, because Iowa Code § 562A.15(1)(d) did not contain a specific standard of conduct from which the fact finder could have found a violation, the tenant's negligence-per-se theory was properly not submitted to the jury.
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| Tejeda v. State, No. 7-428 / 06-1255,
COURT OF APPEALS OF IOWA, July 25, 2007, Filed
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Overview: Postconviction court did not err in rejecting appellant's claim there was complete breakdown in communication with his defense counsel at trial which prevented appellant from divulging new evidence; inter alia, during his postconviction testimony appellant could not recall any of the specific information he had allegedly withheld from his attorney.
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| Wilkerson v. State, No. 7-442 / 07-0128,
COURT OF APPEALS OF IOWA, July 25, 2007, Filed
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Overview: Denial of postconviction relief was affirmed because the petitioner had not proven that his postconviction counsel's performance fell below the standard of a reasonably competent attorney, when the petitioner's postconviction counsel did not breach an essential duty when she did not discover the judge's personal note to himself.
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