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| Simon v. Dubuque County Bd. of Supervisors, No. 7-503 / 07-0020,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: County's use of a road had been under claim of right, hostile, open, notorious, and continuous for much longer than the requisite ten-year statutory period under Iowa Code § 564.1; although the owners acquired the property less than ten years ago, the county's adverse use established the prescriptive easement against their predecessors in title.
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| State v. Fowler-Ortiz, No. 7-436 / 06-1934,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Defendant should have been before the district court when it considered the imposition of lifetime parole because the modification of the sentence, by which defendant was sentenced to a lifetime parole in addition to the suspended sentence he was subject to under the original sentence, made the sentence more onerous.
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| State v. Lee, No. 7-461 / 06-0573,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Defendant failed to preserve for appeal claims that audio recordings of call by witness to police and of defendant's conversation with co-defendant about stolen goods were hearsay and violated right to confrontation because he did not object and motion in limine made no mention of the call to the police and did not address hearsay or confrontation.
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| State v. Majors, No. 7-483 / 06-1365,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Counsel was not ineffective in failing to file a motion for a new trial because the evidence that defendant was driving a van containing an amount of drugs and cash consistent with drug dealing and admitted that he had been dealing drugs did not preponderate heavily against the verdict that he was guilty of possession of a controlled substance.
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| State v. Sullivan, No. 7-488 / 06-1611,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Police officer did not violate the Fourth Amendment of the U.S. Constitution or Iowa Const. art. I, § 8 by entering defendant's father's shed in response to a burglar alarm, thus discovering a stolen vehicle inside, because there were exigent circumstances justifying a warrantless entry and the father had superior control of the property.
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| State v. Tracy, No. 7-489 / 06-1612,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Police officer who stopped defendant for a traffic violation violated defendant's rights under Iowa Code § 804.20 by not allow defendant to call a family member because defendant had unequivocally asked to make such calls, notwithstanding that the calls might not have involved advice about his legal predicament.
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| State v. Welch, No. 7-468 / 06-0958,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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| State v. Yang, No. 7-073 / 06-0575,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: A written waiver of jury trial combined with a court's colloquy met the requirements of State v. Liddell and counsel did not breach any duty to defendant; substantial evidence supported the court's findings that defendant assaulted his wife with a dangerous weapon by hitting her with a hammer, causing her to sustain injury.
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| Voll v. State, No. 7-364 / 06-1388,
COURT OF APPEALS OF IOWA, August 22, 2007, Filed
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Overview: Defense counsel did not breach a duty by failing to move to strike a state worker's testimony against defendant because the worker was not a law enforcement official, and the jury would not have assumed that he was testifying about defendant's criminal history in violation of a motion in limine that had been granted to defendant.
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