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| State v. Wise, No. 6-541 / 05-1343,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Appellate court affirmed the denial of defendant's motion to suppress and her conviction for possession of cocaine third offense as an officer's investigatory stop was constitutional as based on his conversations with defendant and observing her actions, the officer had reasonable suspicion to believe that criminal activity was afoot.
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| Stensrud v. Helgeson, No. 6-534 / 05-1078,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Court affirmed dismissal of petition for declaratory judgment against widow arising out of her receipt of certain property from a decedent because there was not clear, convincing, and satisfactory evidence of undue influence or proof that widow violated implied covenant of good faith and fair dealing in her performance of the premarital agreement.
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| Strickler v. Iowa Bd. of Med. Exam'rs, No. 6-558 / 05-1721,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Board of medical examiners properly found that a doctor violated Iowa Code §§ 148.6(2)(g), (i), 147.55(2), 272C.10(2) as he discharged a patient who came into the emergency room with abdominal cramping, low back pain, and heavy vaginal bleeding without performing a pelvic examination, and documented a pelvic examination that he did not perform.
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| Tomlinson v. State, No. 6-489 /05-1221,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Denial of postconviction relief was upheld because nothing in record supported applicant's argument that, if appellate counsel and postconviction counsel raised issues regarding venue continuance, there was reasonable probability that result of appeal and postconviction proceeding would have been different; no prejudice was evident.
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| Tucker v. Duda, No. 6-560 /05-1754,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Jury verdict was affirmed because the jury's verdict was consistent with both the law and the evidence, when it was not inconsistent for the jury to determine a driver was negligent, but that the driver was not the proximate cause of the claimant's damages.
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| WSH Props., LLC v. Daniels, No. 6-301 / 05-0404,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: In a corporation's replevin suit for items the former real property owner took from the property, denial of the owner's motion for new trial under Iowa R. Civ. P. 1.1004 was improper as the verdict was the result of passion and prejudice in that the award for wrongful detention and the items' values significantly exceeded the highest estimates.
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| Wildner v. Wendorff, No. 6-441 / 05-1998,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Grant of new trial was abuse of discretion because although defendant was cited by police regarding parties' collision, the jury's fault determination was supported by sufficient evidence. Evidence of payments, write-offs, and adjustments to billed medical expenses was properly admitted as relevant to establish reasonable value of those services.
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| Wycoff v. Menke, No. 6-544 /05-1483,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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