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| In the Interest of C.S., No. 6-645 / 06-1022,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Termination of mother's parental rights was upheld under Iowa Code § 232.116(1)(f) because her child could not be safely returned to her care, as the mother was in a residential correctional facility and could not have a child in her care, and she had been unable to maintain sobriety for an extended period of time outside the correctional system.
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| In the Interest of D.B., No. 6-651 / 06-0938,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: A permanency order entered by the juvenile court was affirmed. The father's failure to raise the issue of visitation at the permanency hearing left it nothing to review on appeal; similarly, the father's failure to make a specific objection to the admission of exhibits into evidence at the hearing left the court nothing to review.
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| In the Interest of M.B., No. 6-598 / 06-0906,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Termination of parents' rights to their child pursuant to Iowa Code § 232.116(1)(f) (2005) was affirmed because the child could not be returned to their care, termination of their rights was in the child's best interest, and the juvenile court did not err in denying the mother's request for a continuance on the eve of the termination hearing.
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| In the Interest of W.R., No. 6-600 / 06-0993,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Court affirmed judgment terminating parents' parental rights pursuant to Iowa Code § 232.116(1)(f) and (h) (2005) because parents were unable to meet children's needs despite receipt of services to correct the problems, including father's mental health issues and mother's brain injury, that led children to be adjudicated in need of assistance.
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| Knupp v. State, No. 6-569 / 05-0330,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: As an inmate's attorney testified from memory that the inmate waived his right to a jury trial under Iowa Const. art. I, §§ 9, 10, that was sufficient to satisfy the State's obligation to provide a record. Thus, the denial of the inmate's application for postconviction relief was affirmed.
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| Rees v. City of Shenandoah, No. 6-223 / 05-0508,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Because city substantially complied with relevant statutory provisions in providing notice of and passing a resolution authorizing issuance of general obligation capital loan notes, court affirmed summary judgment in favor of the city in a city resident's action against it, arguing that issuance of the notes did not comply with Iowa Code ch. 384.
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| State v. Brodsack, No. 6-536 / 05-1253,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: As defendant's counsel did not object to evidence pursuant to Iowa R. Evid. 5.403 that the trailer from which defendant had allegedly stolen was extremely dirty after defendant left the premises, the appellate court held that defendant was deprived of effective assistance of counsel and her theft conviction was reversed.
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| State v. Buffington, No. 6-610 / 05-1305,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: After a new attorney appeared for defendant, appellate court preserved any ineffective assistance of trial counsel claims raised in defendant's original and amended posttrial motions that district court declined to address; issues which were raised in posttrial motions and rejected by district court after consideration on merits were not preserved.
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| State v. Christian, No. 6-518 / 04-0900,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: In a sexual abuse case, a motion to suppress biological evidence recovered from a fork and a water bottle defendant used at an interview was properly denied because there was no violation of his Fourth Amendment rights; defendant abandoned the items when he left the premises.
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| State v. Debruin, No. 6-308 / 05-0833,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Drug convictions were reversed in a case where an affidavit under Iowa R. Evid. 5.606(b) showed that a juror referenced defendant's prior drug convictions during the latter part of deliberations; a new trial was required under Iowa. R. Crim. P. 2.24(2)(b)(2) due to juror misconduct since the three-part test was satisfied.
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