143 N.W.2d 278 STATE OF IOWA, appellee, v. GERALD GENE RULLESTAD, appellant. No. 52018.Supreme Court of Iowa. June 14, 1966. Rehearing Denied July 13, 1966. HOMICIDE: Manslaughter by drunken driving. Operating a motor 1 vehicle while intoxicated in violation of a criminal statute is not merely malum prohibitum but malum in se and is clearly […]
Category: Iowa Court Opinions
STATE v. EBELSHEISER, 242 Iowa 49 (1950)
43 N.W.2d 706 STATE OF IOWA, appellee, v. EDWARD EBELSHEISER, appellant. No. 47509.Supreme Court of Iowa. August 1, 1950. Rehearing Denied January 9, 1951. CRIMINAL LAW: Homicide — exclusion of testimony not error 1 where same facts shown by another witness. In a prosecution for murder where the exclusion of testimony on cross-examination violated the […]
STATE v. SANTACRUZ, 773 N.W.2d 562 (Iowa App. 2009)
State v. Santacruz. No. 08-1947.Court of Appeals of Iowa. Filed August 19, 2009. Appeal from the Iowa District Court for Crawford County, Duane E. Hoffmeyer, Judge. Defendant appeals his conviction for sexual abuse in the third degree. AFFIRMED. Mark C. Smith, State Appellate Defender and Robert P. Ranschau, Assistant State Appellate Defender, for appellant. Thomas […]
DETTMAN v. CLAYTON CTY. BD. OF SUPERVISORS, 705 N.W.2d 107 (Iowa App. 2005)
HARLAN DETTMAN, GREGORY KOETHER, RONALD KLEINOW, and TIMOTHY MASON, Plaintiffs-Appellants, v. CLAYTON COUNTY BOARD OF SUPERVISORS, Defendants-Appellees. No. 5-402 / 04-1629Court of Appeals of Iowa. Filed July 13, 2005 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Clayton County, James L. Beeghly, Judge. Plaintiffs […]
IN RE BOOMGARDEN, 776 N.W.2d 111 (Iowa App. 2009)
In re Marriage of Boomgarden. No. 08-2011.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Butler County, Bryan J. McKinley, Judge. Julie A. Boomgarden appeals the property division provisions of the decree dissolving her marriage to Michael Scott Boomgarden.AFFIRMED. D. Raymond Walton of Beecher Law Offices, Waterloo, for appellant. […]
PIRELLI-ARMSTRONG TIRE CO. v. REYNOLDS, 562 N.W.2d 433 (Iowa 1997)
PIRELLI-ARMSTRONG TIRE COMPANY and Travelers Insurance Company, Appellants, v. Vern REYNOLDS, Appellee. No. 96-471.Supreme Court of Iowa. April 23, 1997. APPEAL FROM DISTRICT COURT, POLK COUNTY, DONNA L. PAULSEN, J. Page 434 Steven M. Nadel of Ahlers, Cooney, Dorweiler, Haynie, Smith Allbee, P.C., Des Moines, for appellants. Robert W. Pratt and Max Schott, Des Moines, […]
STATE v. WHITE, 797 N.W.2d 621 (Iowa App. 2011)
STATE OF IOWA, Plaintiff-Appellee, v. ROBERT JACKSON WHITE, Defendant-Appellant. No. 0-730 / 09-1463.Court of Appeals of Iowa. Filed January 20, 2011. Appeal from the Iowa District Court for Polk County, Douglas F. Staskal (motion to suppress) and Robert A. Hutchinson (trial and sentencing), Judges. White appeals from the judgment and sentence entered following his convictions […]
CURRIES v. McCURDY, 746 N.W.2d 278 (Iowa App. 2008)
Curries Co. v. McCurdy. No. 07-0427.Court of Appeals of Iowa. January 16, 2008. [EDITORS’ NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).] Appeal from the Iowa District Court for Polk County, Don C. Nickerson, […]
KNEBEL v. KA-BOOS BAR GRILL, 03-0653 (Iowa App. 2-27-2004)
TIMOTHY KNEBEL, Plaintiff-Appellant, v. KA-BOOS BAR GRILL, Defendant-Appellee. No. 4-030 / 03-0653Court of Appeals of Iowa. Filed February 27, 2004 Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge. Timothy Knebel appeals the district court’s order granting summary judgment in favor of Ka-Boos Bar Grill. AFFIRMED. Bryan Tingle of Tingle, […]
ROBY v. STATE, 777 N.W.2d 128 (Iowa App. 2009)
Roby v. State. No. 08-1921.Court of Appeals of Iowa. November 12, 2009. Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge. A postconviction relief applicant appeals the district court’s decision dismissing his application for postconviction relief, contending that his original trial and appellate counsel were ineffective in failing to challenge […]
IN RE J.T.C., 723 N.W.2d 451 (Iowa App. 2006)
IN THE INTEREST OF J.T.C., JR., A.L.C., and M.R.Y., Minor Children, J.S., SR., Father, Appellant. No. 06-0830Court of Appeals of Iowa. July 12, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, District Associate Judge. A father appeals the […]
IN RE MARRIAGE OF SCHILLING, 791 N.W.2d 711 (Iowa App. 2010)
IN RE THE MARRIAGE OF SARAH RAE SCHILLING AND MARK JOSEPH SCHILLING Upon the Petition of SARAH RAE SCHILLING, Petitioner-Appellant, And Concerning MARK JOSEPH SCHILLING, Respondent-Appellee. No. 0-752 / 10-0615.Court of Appeals of Iowa. Filed November 10, 2010. Appeal from the Iowa District Court for Delaware County, Monica L. Ackley, Judge. A mother appeals the […]
IN THE MATTER OF OLSEN, 99-2059 (Iowa App. 3-14-2001)
IN THE MATTER OF THE ESTATE OF JERILYN J. OLIVER OLSEN, Deceased, AMY OLIVER and JOHN OLIVER, Plaintiffs-Appellants/Cross-Appellees, v. GEORGE A. OLSEN, SR., and CYNTHIA LEE METSGER, et al., Defendants-Appellees/Cross-Appellants, and GEORGE A. OLSEN, JR., Defendant. No. 0-796 / 99-2059Court of Appeals of Iowa. Filed March 14, 2001 [EDITOR’S NOTE: This case is unpublished as […]
JONES v. IOWA STATE TAX COMMISSION, 247 Iowa 530 (1956)
74 N.W.2d 563 JOHN PAUL JONES, appellant, v. IOWA STATE TAX COMMISSION, appellee. No. 48878.Supreme Court of Iowa. February 7, 1956. TAXATION: Exemption — showing required of claimant. Taxation 1 is the rule and exemption therefrom the exception, and the claimant of such exemption must show his right thereto by evidence which leaves the question […]
IN RE FAMILY TRUST OF WINDUS, 758 N.W.2d 840 (Iowa 2008)
In re Family Trust of Windus. No. 07-2006.Supreme Court of Iowa. August 27, 2008. Appeal from the Iowa District Court for Muscatine County, Patrick J. Madden, Judge. Delores Windus appeals from the district court ruling following a contested hearing on her reports as trustee of the Windus family trust. REVERSED AND REMANDED. Thomas D. Hobart […]
GARTIN’S GROCERY v. LUCAS CO. ASSN., 231 Iowa 204 (1941)
1 N.W.2d 275 GARTIN’S GROCERY, Appellee, v. LUCAS COUNTY CO-OPERATIVE CREAMERY ASSOCIATION, Appellant. No. 45542.Supreme Court of Iowa. December 9, 1941. PRINCIPAL AND AGENT: Salesman’s fraud on customer — altered 1 sales slips — scope of authority — liability of employer. A butter salesman for a creamery association who delivered butter to a grocery store, […]
SKAIEN v. WITWER GROCER CO., 224 Iowa 391 (1937)
276 N.W. 623 DOROTHY H. SKAIEN, Appellee, v. WITWER GROCER COMPANY, Appellant. No. 44021.Supreme Court of Iowa. December 14, 1937. PLEADING: Petition — competent allegations — striking in toto improper. A motion to strike an entire amended and substituted petition, being too broad, is properly overruled when such pleading, although replete with objectionable matters, nevertheless […]
ROSS v. ALBER, 227 Iowa 408 (1939)
288 N.W. 406 CARROLL M. ROSS, Appellee, v. HENRY A. ALBER et al., Appellants. No. 44916.Supreme Court of Iowa. November 14, 1939. HABEAS CORPUS: Assignments of error — insufficiency — affirmance. Where only assignment of error was to the effect that trial court erred in sustaining a writ of habeas corpus because record showed that […]
STATE v. WALKER, 574 N.W.2d 280 (Iowa 1998)
STATE of Iowa, Appellee, v. Terrance Dwayne WALKER, Appellant. No. 96-1148.Supreme Court of Iowa. January 21, 1998. Rehearing Denied March 9, 1998. As Corrected February 16, 1998. APPEAL FROM DISTRICT COURT, STORY COUNTY, DALE E. RUIGH, J. Page 281 Anita M. Olson of the Olson Law Office, Altoona (until withdrawal), Alan Bernard, Bernard Law Firm, […]
STATE v. BILYEU, 801 N.W.2d 628 (Iowa App. 2011)
STATE OF IOWA, Plaintiff-Appellee, v. BRADLEY ALLEN BILYEU, Defendant-Appellant. No. 1-267 / 10-1218.Court of Appeals of Iowa. Filed May 25, 2011. Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge. The defendant appeals his convictions for assault with intent to commit serious injury and robbery in the first degree.AFFIRMED. Mark […]