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| State v. Dohrn, No. 6-548 / 05-1582,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Appellate court reversed defendant's conviction for third degree theft in violation of Iowa Code § 714.2(3) as the evidence did not support a conviction.
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| State v. Johnson, No. 6-446 / 05-0535,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Where defendant processed methamphetamine and a liquid during the manufacturing process and the liquid contained a detectable amount of methamphetamine, under Iowa Code § 124.401(1)(b) (2003), the total weight of the liquid was properly considered in determining whether he manufactured more than five grams of methamphetamine.
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| State v. Lamoreux, No. 6-213 / 04-1958,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: In an assault with intent to commit sexual abuse case, the trial court erred by excluding evidence of the victim's drug use under Iowa R. Evid. 5.403 as it was used to impeach the victim's credibility and was relevant to the issue of the victim's ability to perceive, recall, and relate the events which occurred at the time of the crime charged.
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| State v. Leveke, No. 6-505 / 06-0137,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Decision to revoke probation was reversed and the matter remanded. Although there was sufficient evidence to support a finding that defendant had not complied with the requirements that he complete a sex offender treatment program, there was insufficient evidence for the finding that defendant did not comply with polygraph testing.
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| State v. Long, No. 6-573 / 05-1550,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: In a drug case, defendant's rights to allocution during sentencing under Iowa R. Crim. P. 2.23(3)(d) were not violated when the trial court merely asked him if he had anything else to say during his testimony because the use of specific language was not required.
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| State v. Orr, No. 6-563 / 05-1864,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Defendant's conviction for operating while intoxicated or drugged, third offense, in violation of Iowa Code §§ 321J.2(1)(a) , (b), and 321J.2(2)(c) because a sheriff's testimony regarding defendant's field sobriety tests was sufficient to support his conviction.
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| State v. Perez-Castillo, No. 6-363 / 05-0362,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: In a murder case, while a prosecutor's comments about defendant could have been categorized as condescending or snide, defendant did not receive ineffective assistance of counsel when they failed to object to the comments as the comments did not rise to the level of prosecutorial misconduct as they were based on a legitimate view of the evidence.
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| State v. Thornton, No. 6-528 / 05-0837,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Evidence was sufficient to support defendant's conviction of second-degree theft by deception, Iowa Code §§ 714.1, 714.2(2) (2003), because defendant informed medical personnel he was injured in a car accident, which he was not, and he sought medical treatment for his alleged injuries, thus constituting deception under Iowa Code § 702.9(1) and (2).
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| Thompson v. State, No. 6-452 / 05-1231,
COURT OF APPEALS OF IOWA, August 23, 2006, Filed
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Overview: Court affirmed judgment dismissing appellant's application for postconviction relief because appellant failed to show that he suffered any prejudice from the alleged ineffective assistance of counsel in matters involving the victim's video deposition, counsel's investigation of appellant's competency to stand trial, and counsel's choice of defense.
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