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| Bergstrom v. Iowa Health Sys., No. 7-088 / 06-1053,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Trial court erred in granting a doctor's motion for summary judgment finding a patient's medical malpractice action filed August 16, 2005 barred by Iowa Code § 614.1(9)(a) statute of limitations; genuine issue existed as to whether patient's physical and mental condition on August 15, 2003 prevented her from knowing of or discovering her injuries.
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| Crawley v. State, No. 7-354 / 05-1666,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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| Damiano v. Universal Gym Equip. , No. 7-473 / 06-1118,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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| Edwards v. State, No. 7-535 / 06-0154,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: In a first-degree robbery prosecution, defense counsel did not fail to perform an essential duty by not requesting a jury instruction on the definition of the terms "willful injury" and "murder" because she made a reasonable strategic decision not to give such an instruction, and defendant did not prove resulting prejudice.
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| Estate of Cooper v. Isle of Capri Bettendorf, L.C., No. 7-494 / 06-1667,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: A trial court erred by directing a verdict in favor of defendant casino in a negligence suit filed by the estate of a patron who collided with a security guard and was knocked down; although both the patron and her husband died before trial without giving depositions, a surveillance tape created a fact issue as to whether the guard was negligent.
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| In re McFadden, No. 7-284 / 06-1212,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Trial court had not erred in awarding life time alimony to wife under Iowa Code § 598.21(3); inter alia, court had no confidence wife could obtain employment in future, nor could she be re-trained to find appropriate employment and husband's earning capacity justified, inter alia, traditional alimony award of $ 1000 per month until wife reached 62.
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| In re Seay, No. 7-430 / 06-1353,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Where the physical care ratio between the parties was not the same as the physical care ratio required for application of Iowa Ct. R. 9.14, i.e., 50-50, child support was correctly calculated using the traditional child support guidelines and granting the father an extraordinary visitation credit instead of using the offset method.
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| Linn County v. Andrews, No. 7-194 / 06-0801,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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| McGlothlin v. State, No. 7-327 / 06-1246,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: In a second degree murder case, counsel was not ineffective for failing to challenge an instruction that allegedly kept the jury from reaching voluntary manslaughter under Iowa Code § 707.4 because defendant returned to the scene of an argument with the victim, walked up to the victim, placed the gun against the victim's back, and shot him.
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