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Iowa Consent Law
 
Martha Duban v. Waverly Sales Co.

Thomas and Martha Duban brought a negligence action against Waverly Sales
Company (Waverly) arising out of injuries Martha sustained when she was stepped
on by a horse at a Waverly draft horse auction. The district court1 denied Waverly’s
1The Honorable Jon Stuart Scoles, United States Magistrate Judge for the
Northern District of Iowa, to whom the case was referred for final dis... More...
   $237535 (07-28-2014 - IA)

Teresa Wagner v. Carolyn Jones

Teresa Wagner appeals from the district court's denial of her motion for new
trial, arguing that significant errors in the verdict formulation process entitle her to
a new trial. Under the standard we apply today, we conclude that the district court
abused its discretion in denying Wagner's motion. Accordingly, we reverse and
remand for a new trial.
I. BACKGROUND
This case ... More...
   $0 (07-15-2014 - IA)

Teresa Karen Bearinger v. Iowa Department of Transportation, Motor Vehicle Division

This appeal requires us to decide whether the prescription-drug defense to the criminal charge of operating a motor vehicle while under the influence, see Iowa Code § 321J.2(11) (2011), applies in administrative license revocation proceedings under Iowa Code sections 321J.12 through .13. Teresa K. Bearinger drove her car off the road and destroyed a brick mailbox. At the request of the investigat... More...   $0 (03-14-2014 - IA)

Larry Dean White v. State of Iowa

In 2002, Larry Dean White was convicted of first-degree kidnapping, in violation of Iowa Code sections 710.1 and .2 (2001).1 White appeals the denial of his second application for postconviction relief, which he filed in January 2012. Because several claims in the application were time-barred, see Iowa Code § 822.3 (2011), and because we reject his claim that his sentence constitutes cruel and un... More...   $0 (02-05-2014 - IA)

Roberto Ledesma v. Daniela Estrada Gutierrez and Juan Antonio Cisneros

At issue in this case is the paternity of A.C., who is now four years old. A.C.’s biological father, Roberto Ledesma, challenges the district court’s denial of his petition to establish paternity, custody, visitation, and support, and to terminate the rights of A.C.’s legally established father, Juan Cisneros. Ledesma contends the district court misapplied Iowa Code sections 600B.41 and 600B... More...   $0 (02-05-2014 - IA)

State of Iowa v. Larry Gene Morris

Larry Morris appeals the district court’s denial of his motion to suppress evidence. He contends the district court erred by admitting evidence obtained after his arrest because the arrest was without probable cause. In the alternative, he maintains the results of the breath test must be suppressed even if the arrest was lawful because his initial refusal to submit to testing was irrevocable. Be... More...   $0 (02-05-2014 - IA)

State of Iowa v. Patrick Michael Dudley

Patrick Dudley appeals his judgment and sentence for two counts of second-degree sexual abuse. He raises several arguments in support of reversal, one of which we find dispositive: whether the district court abused its discretion in admitting a psychologist’s opinion that a child’s physical manifestations and symptoms “were consistent with a child dealing with sexual abuse trauma.”

... More...
   $0 (02-05-2014 - IA)

NEIL A. LEMASTER and STEPHANIE KEMPKER, Plaintiffs-Appellees/Cross-Appellants, vs. JOSEPH FRANKLIN POWERS and MERRY LYNN POWERS, husband and wife, Defendants-Appellants, JOSHUA BURCH and CHRISTY BURCH, husband and wife, Respondents-Appellants/Cross-Appellees. LARRY SUNDEN and LINDA SUNDEN, husband and wife, Plaintiffs-Appellants, vs. NEIL A. LEMASTER and STEPHANIE KEMPER, Defendants-Appellees/Cross-Appellants.

This appeal arises from a dispute between neighboring landowners in a residential development in North Lee County. The dispute concerns the scope of certain express easements.

I. Background Facts and Proceedings

It is often stated that a picture is worth a thousand words. That is the case here.
We begin with a 1977 plat map of the residential development.

(Image Not ... More...
   $0 (02-05-2014 - IA)

PAMELA SUE HOOK vs. TITO TREVINO, Individually, and TITO TREVINO d/b/a TREVINO LAW OFFICES

This legal malpractice action presents three questions of first impression. In Hook v. Lippolt, we held the defendants in plaintiff Pamela Hook’s personal injury action—the State of Iowa and a volunteer driver for the Iowa Department of Human Services—were entitled to summary judgment under the statute of limitations and volunteer-immunity provisions of the Iowa Tort Claims Act, respectively... More...   $0 (01-08-2014 - IA)

Larry D. Schaefer v. Dale L. Putnam

In this appeal, we are asked to interpret Iowa Code section 654A.6(1) (2009) when a farm creditor, after being sued regarding the validity of its mortgages, brought a counterclaim to foreclose the mortgages without first obtaining a mediation release. Larry and Elaine Schaefer filed suit against their sons, their former attorney, Dale Putnam, a limited liability company, SMP, L.L.C. (SMP), and oth... More...   $0 (12-13-2013 - IA)

United States v. Michael Goodale

Michael A. Goodale was convicted of five counts including aggravated sexual abuse, interstate transportation of a minor with intent to engage in criminal sexual activity, and accessing child pornography. He appeals his conviction and sentence.

Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

On Saturday, September 17, 2011, thirteen-year-old M.R. showed his ... More...
   $0 (12-30-2013 - IA)

State of Iowa v. Ryan Caine Conard

Ryan Conard appeals from his convictions for theft in the second degree, forgery, identity theft, and driving while license was denied or revoked. On appeal, he maintains that he received ineffective assistance of counsel at trial. He asks that we reverse his convictions and remand to the district court. We conclude Conard’s counsel did not provide ineffective assistance at trial, and we affirm.... More...   $0 (06-12-2013 - IA)

In the Interest of and Regarding the Guardianship of D.J.M.

Guardians, Roland and Deanna Martzahn, appeal the district court’s December 20, 2012 order, which disapproved the final report they filed seeking to terminate the guardianship and also sanctioned them in the amount of $300 “for failing to abide by the previous orders of this Court.” They claim their final report should have been approved and the guardianship terminated because the guardiansh... More...   $0 (06-12-2013 - IA)

State of Iowa v. Keith Allen Gogel

Keith Gogel appeals from his convictions for possession of methamphetamine and unlawful possession of prescription drugs, arguing the contraband found in his car after a search during a traffic stop should have been suppressed. We agree and, therefore, reverse the judgment of the district court and remand the case to the district court for further proceedings.

I. Background Facts and Procee... More...
   $0 (06-12-2013 - IA)

Jarrod Dale Majors v. State of Iowa

Jarrod Majors appeals from the district court order granting the State’s motion for summary judgment in his second application for postconviction relief. Majors contends (1) the district erred in granting summary judgment because there was a genuine issue of material fact regarding competency and intoxication, (2) he was denied his right to effective assistance of counsel because all previous at... More...   $0 (06-12-2013 - IA)

State of Iowa v. Gary Edward Rockow

Gary Rockow appeals his judgment and sentence for operating while intoxicated (first offense). He contends the district court should have suppressed the result of his breath sample provided at the police station.

I. Background Facts and Proceedings

Clear Lake Police Officer Zachary Hall, responding to a citizen complaint of an erratic driver, followed Rockow’s motorcycle as he proc... More...
   $0 (06-12-2013 - IA)

In Re The Marriage of Karen Ann Pelletier and Paul Jeffrey Pelletier

Paul Pelletier appeals, and Karen Pelletier cross-appeals, from the district court’s decree dissolving their marriage. The parties challenge the ruling as it relates to custody, visitation, support, alimony, property distribution, attorney fees, contempt, and a request for an injunction. Because we agree with the findings and analysis of the district court, we affirm.

I. Background Facts ... More...
   $0 (06-12-2013 - IA)

Esad Osmic v. Nationwide Agribusiness Insurance Company

Esad Osmic was injured in a motor vehicle collision while riding as a passenger in his brother’s SUV. Two years and thirty-one days later, Esad sued Nationwide Agribusiness Insurance Company (Nationwide) seeking recovery for damages under the underinsured motorist (UIM) provisions of his brother’s personal auto policy. Nationwide filed a motion for summary judgment asserting Esad’s petition ... More...   $0 (05-15-2013 - IA)

State of Iowa v. Jonathan Richard Armstrong

Jonathan Armstrong appeals his convictions and sentences following a jury trial on multiple offenses related to a home invasion. After the merger of some charges, he was sentenced and convicted of nine offenses. He alleges ineffective assistance of trial counsel and insufficient evidence to sustain his convictions. We agree that counsel’s failure to object to flawed jury instructions on kidnappi... More...   $0 (05-15-2013 - IA)

Columbia Casualty Co. v. Curtis W. McGhee

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More...   $0 (04-30-2013 - IA)

American Family Mutual Ins. Co v. Richard Hollander

American Family Mutual Insurance Company ("American Family") appeals the district court's1 order denying its motion for judgment as a matter of law or, in the alternative, for a new trial and awarding Richard N. Hollander $261,781.53 in attorney's fees pursuant to section 91A.8 of the Iowa Wage Payment Collection Law ("IWPCL"). We affirm.

I

American Family is a mutual insurance c... More...
   $0 (02-01-2013 - IA)

Gail Bierman v. Scott Weier

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.” It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad terms” from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering ... More...   $0 (01-18-2013 - IA)

Dennis Mart v. Mike Mart

Farmland landlords appeal from the denial of this forcible entry and detainer action. Where the farm tenant cured his material breach by restoration of wetlands and the landlords1 incurred no damages, the landlords are not entitled to forcible entry and detainer.

I. Background Facts and Proceedings.

George Mart previously owned the leased property at issue here─240 acres of farmlan... More...
   $0 (10-17-2012 - IA)

Ted Joseph White v. The Iowa District Court for Clinton County

Ted White challenges the district court’s finding he was in contempt of a domestic abuse protective order. He claims he cannot be held in contempt because the protective order was void. If not void, he claims the protective order had expired by operation of law and thus, was ambiguous. White also contends the district court erred in finding his conduct was willful and abused its discretion in im... More...   $0 (05-23-2012 - IA)

ABF Freight System, Inc. v. Marvin Veenendaal

An employer appeals the district court decision affirming an award of workers’ compensation benefits to an employee by the workers’ compensation commissioner. The employer contends there is not substantial evidence in the record to show the employee’s back problems were causally related to a work-related injury. The employer also claims there is not substantial evidence in the record to show... More...   $0 (05-23-2012 - IA)

In re the Marriage of Roger Stephen Duffield and Sheri Lynn Pettit

The uncommon question we must answer in this dissolution appeal is whether Sheri Pettit is entitled to a one-half interest in property Roger Stephen Duffield (Steve) transferred into joint tenancy with her before their short-lived marriage. We conclude the district court was correct in finding the “nuptial failure should not operate to rescind the transfers that were made between the parties in ... More...   $0 (05-23-2012 - IA)

Daniel Budreau v. Steve Schmitz

Daniel Budreau filed trespass and nuisance claims against Steve and Romy Schmitz; the Schmitzes counterclaimed with a quiet title action and trespass claim against Daniel and his wife, Julie. We affirm the quiet title action because substantial evidence supported that from 1987 until 2009, the four steel posts marking the corners of the Schmitz property were recognized as drawing the boundary line... More...   $0 (05-23-2012 - IA)

Upon the Petition of Michael W. Konzen

A mother appeals from the district court’s April 2011 order regarding custody, visitation, and child support of the parties’ two children, and from the June 2011 order denying her motion to reconsider. On de novo review, we vacate all orders and judgments after the October 26, 2010 settlement conference, except the November 2, 2010 order concerning custody and visitation that memorialized the ... More...   $0 (05-23-2012 - IA)

Melvin Hayes v. Vermeer Manufacturing Co.

Melvin Hayes appeals from entry of summary judgment in favor of the defendant, Vermeer Manufacturing Company. Hayes brought suit against his former employer, Vermeer, for retaliation and violation of his rights under the Family Medical Leave Act (FLMA) after Hayes was terminated for repeated tardiness allegedly caused by side effects of medication taken for his mental health condition. The distric... More...   $0 (05-09-2012 - IA)

Remcey Peeples v. CRST Van Expedited, Inc.

The Equal Employment Opportunity Commission (EEOC) filed suit in its own name against CRST Van Expedited, Inc. (CRST), alleging that CRST subjected Monika Starke "and approximately 270 similarly situated female employees" to a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. Starke and Remcey Jeunenne Peeples intervened i... More...   $0 (05-08-2012 - IA)

Terry Christiansen v. West Branch Community School

Plaintiff Terry Christiansen, a licensed Iowa educator, filed suit in Iowa state court against his employer, school officials, and private citizens following his termination, alleging various state-law claims as well as violations of his procedural and substantive due process rights under 42 U.S.C. § 1983. The case was removed to federal district court1 where the court denied Christiansen's motio... More...   $0 (03-22-2012 - IA)

Brandy L. Barton v. Brad L. Barton

Brandy L. Barton appeals from the February 1, 2011 decree dissolving her marriage to Brad L. Barton contending the district court erred in awarding the parties joint legal custody and awarding physical care to Brad. For the reasons stated below, we affirm.

I. BACKGROUND AND PROCEEDINGS.

The parties were married in June of 2008, when Brandy was twenty-seven and Brad was thirty. They ... More...
   $0 (12-21-2011 - IA)

Ahepa 192-1 Apartments v. Harry E. Smith

This appeal concerns the proper interpretation of a lease and the interplay with federal regulations, Iowa Code section 562A.27A, and chapter 648 (2009). The district court determined this forcible-entry-and-detainer (FED) cause of action accrued at the time of the tenant’s physical assault or the threat of physical assault upon other tenants. Consequently, the court found the cause of action w... More...   $0 (12-21-2011 - IA)

Crystal M. Blanchard v. Jeffrey A. Houdek

Crystal Blanchard appeals from the district court’s ruling that declined to divide property accumulated by unmarried persons after cohabitation. She asserts the district court erred in not clearly ruling whether it had jurisdiction to address the property issues. She alternatively contends the district court erred in not equitably dividing the property. We find the court made a clear ruling that... More...   $0 (12-21-2011 - IA)

Rachel A. McDermott v. Stephen J. McDermott

Stephen McDermott appeals from a December 2010 decree dissolving his marriage to Rachel McDermott. Stephen contends the property division was not equitable and his child support obligation should be modified. We affirm and modify the property division and the child support.

SCOPE OF REVIEW. Our review is de novo. See In re Marriage of Zinger, 243 N.W.2d 639, 640 (Iowa 1976). In undertaking ... More...
   $0 (12-21-2011 - IA)

Penford Corporation v. Natl. Union Fire Insurance Co.

A severe flood struck Cedar Rapids, Iowa, in 2008, damaging many of its businesses, including a manufacturing facility owned and operated by Penford Corporation (Penford). Penford submitted claims to its insurers, National Union Fire Insurance Company (National Union) and ACE American Insurance Company (ACE) (collectively, insurers), and a coverage dispute ensued. The insurers asserted that certai... More...   $0 (11-29-2011 - IA)

Robert L. Kettler v. The Security National Bank of Sioux City

In this appeal we examine a case where a joint bank account holder unilaterally withdrew funds from several accounts and placed them in his own name. The district court found this action did not destroy the right of survivorship held by his wife and ordered the return of all the funds to the wife. We conclude that because the withdrawals were valid transactions made with the intent to terminate th... More...   $0 (09-21-2011 - IA)

Charles Furnald v. Anthony Hughes

This case requires that we consider the scope of Iowa’s savings statute that continues the deadline imposed by the statute of limitations for six months when “the plaintiff, for any cause except negligence in its prosecution, fails therein.” Iowa Code § 614.10 (2009). In this case, the plaintiff brought a personal injury action arising out of an automobile accident. The plaintiff voluntaril... More...   $0 (09-30-2011 - IA)

Lisa Schmidt v. Des Moines Public Schools

This case arises out of a contentious and long-running dispute between Lisa Schmidt and her ex-husband over the education and custody of their three minor children. Schmidt brought this action against two separate groups of defendants. The first is the City of Des Moines and police officers Michelle Strawser1 and Matthieu Dahlen (the “City Defendants”); Schmidt alleges that they unlawfully imp... More...   $0 (09-14-2011 - IA)

Merlin Taylor v. Allied Property and Casualty Insurance Co.

We must decide whether a claim for underinsured motorist coverage had to be brought within a two-year contractual limitations period set forth in an insurance policy.

I. Background Facts and Proceedings

Merlin Taylor had automobile insurance, including underinsured motorist coverage, through Allied Property and Casualty Insurance Company. His policy provided that any suit for underin... More...
   $0 (08-10-2011 - IA)

 
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