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Iowa Consent Law
 
State of Iowa v. Clifford Lynn McNeal

In October 2011, police began to suspect Clifford McNeal received
stolen property from a burglary that occurred in Ottumwa, Iowa.
Thereafter, they received an anonymous tip from a concerned citizen
informing them that McNeal had moved a trailer from Ottumwa to a rural
area in Wapello County, Iowa. After police confirmed the location of the
trailer and that it belonged to a comp... More...
   $0 (06-19-2015 - IA)

Sioux Pharm, Inc. and Sioux Biochemical, Inc. v. Eagle Laboratories, Inc.

In this case involving claims for misappropriation of trade secrets,
we have before us an interlocutory appeal on a discovery issue. In
particular, the plaintiffs ask us to review a district court order requiring
the redesignation of the plaintiffs’ standard operating procedures (SOPs)
from “attorneys’ eyes only” to “confidential.” The underlying protective
order al... More...
   $0 (06-26-2015 - IA)

Danny Homan v. Terry Branstad

During the 2013 legislative session, the Iowa General Assembly appropriated funds for the operation of the Iowa Juvenile Home (IJH) in Toledo for the 2014 fiscal year (July 1, 2013 to June 30, 2014). Approximately five months into that fiscal year, the Iowa Department of Human Services (DHS) decided to close the home and find alternative, judicially approved placements for the twenty-one girls who... More...   $0 (05-29-2015 - IA)

Mary Virginia McMahon v. David Rousselow, Pamela S. Rousselow a/k/a Pamela S. Rousselow, et al.

Mary McMahon appeals the denial of her petition to establish a boundary
by acquiescence between adjoining properties. Adjoining property owners,
David and Pamela Rousselow contend the trial court was correct in denying
McMahon’s petition and in granting their counterclaim to quiet title in the disputed
land.
“[T]he party seeking to establish a boundary line other than the b... More...
   $0 (02-11-2015 - IA)

In re the Marriage of Terry L. Carlson and William J. Carlson

A former husband appeals from the entry of a military pension division order, contending the order violates federal law prohibiting the division of disability benefits. See 10 U.S.C. § 1408(a)(4)(C) (defining “disposable retired pay,” which is subject to division, and specifically excluding disability pay). For the reasons that follow, we modify the military pension division order.
I. Bac... More...
   $0 (02-11-2015 - IA)

United States of America v. Nichols Media

Cedar Rapids, IA - In a stipulated judgment entered by the district court, the Billion Auto Group, which has facilities in Sioux City, Iowa City, and Clive, and an advertising company, Nichols Media, have agreed to a $360,000 judgment to resolve claims that they violated a Federal Trade Commission consent order prohibiting deceptive advertising when marketing the cost of buying or leasing a car. <... More...   $360000 (12-16-2014 - IA)

United States of America v. Richard Allen Shaffer

Sioux City, IA - An Omaha man was sentenced to life imprisonment when, in a case of first impression, his conviction for unpremeditated murder in an Army court-martial was determined to qualify as a triggering offense for application of 18 U.S.C. § 3559(c)—the federal three strikes law.

Richard Allen Shaffer, age 54, from Omaha, Nebraska, received the prison term on September 5, 2014, ... More...
   $0 (10-08-2014 - IA)

Christine Wagner v. State of Iowa

Christine Wagner, individually and as the executor of Janice Brissey’s estate, appeals from the district court’s denial of her motion for new trial and judgment notwithstanding the verdict. She asserts the verdict is inconsistent with the facts of the case because the driver of the vehicle that struck Brissey’s car was—at least to some degree—negligent. Because we conclude that, given th... More...   $0 (10-15-2014 - IA)

Richard Welsh v. Carolyn W. Colvin

Richard Welsh applied for Social Security disability and supplemental security
income benefits. Following an administrative hearing, the ALJ denied the application,
concluding that Welsh’s severe impairments precluded return to his past relevant
*The Honorable Catherine D. Perry, Chief Judge, United States District Court
for the Eastern District of Missouri, sitting by designatio... More...
   $0 (09-02-2014 - IA)

IN RE THE MARRIAGE OF KATHERINE J. McGUIRE-LITTLE AND KEITH R. LITTLE Upon the Petition of KATHERINE J. McGUIRE-LITTLE, Petitioner-Appellee, And Concerning KEITH R. LITTLE, Respondent-Appellant.

Keith Little appeals the economic provisions of the dissolution decree. Specifically, he appeals the district court’s award to him of $19,425.59 out of the proceeds from the sale of the marital home. He contends it was inequitable for the court to not return the parties to their pre-marital state of equity and divide the excess proceeds from the sale of the marital home. Because we find the dist... More...   $0 (08-13-2014 - IA)

STATE OF IOWA, Plaintiff-Appellee, vs. KENDALL LEE WARE, Defendant-Appellant.

Kendall Lee Ware appeals his conviction for homicide by vehicle by operating while intoxicated, in violation of Iowa Code sections 321J.2 and 707.6A(1) (2011). Ware claims the district court erred in refusing to instruct on homicide by vehicle by reckless driving as a lesser included offense. See Iowa Code §§ 321.277, 707.6A(2)(a). We find homicide by vehicle by reckless driving is not a lesser ... More...   $0 (08-14-2014 - IA)

In the interest of T.E.

A mother appeals the juvenile court’s termination of her parental rights with respect to her daughter. We affirm.
I. Factual and Procedural Background
The mother and child came to the attention of the Iowa Department of Human Services (DHS) in January, 2013. DHS found the mother to have denied critical care and to have failed to provide proper supervision for the child due to the motherâ... More...
   $0 (08-13-2014 - IA)

In the interest of K.B.

A young father appeals the juvenile court order severing his parental rights to his one-year-old son. He contends the State did not prove a statutory ground for termination and argues maintaining his rights would be in the child’s best interests. But primarily, the father seeks an additional six months to work toward reunification—pointing to an exhibit detailing his candid revelations concern... More...   $0 (08-13-2014 - IA)

In the Interest of A.M.M.

A mother appeals from the order terminating her parental rights. She contends the evidence failed to prove she abandoned the child or that termination is in the best interest of the child. We conclude the district court properly terminated the mother’s parental rights on the ground of abandonment under Iowa Code section 600A.8(3)(b) (2011). We conclude termination of the mother’s parental righ... More...   $0 (08-13-2014 - IA)

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)

 
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