Articles Tagged: 739 N.W.2d 504

McGlothlin v. State. No. 06-1246.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Davis County, Michael R. Mullins, Judge. Ricardo McGlothlin appeals the district court’s decision denying his request for postconviction relief from his conviction for second-degree murder. AFFIRMED. Justin Swaim of Swaim Law Firm, Bloomfield, for appellant. Thomas J. […]

In re Seay. No. 06-1353.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Lee (South) County, Cynthia H. Danielson, Judge. DeAngelo Seay appeals from the child support order in the district court’s decree. AFFIRMED. Curtis Dial, Keokuk, for appellant. James F. Dennis, Keokuk, for appellee. Considered by HUITINK, P.J., and […]

In re D.W. No. 07-0966.Supreme Court of Iowa. August 8, 2007. Appeal from the Iowa District Court for Fayette County, Alan D. Allbee, Associate Juvenile Judge. A father appeals from the juvenile court’s order in a child in need of assistance case. AFFIRMED. John W. Hofmeyer III, Oelwein, for appellant-father. Thomas J. Miller, Attorney General, […]

State v. Lee. No. 06-0573.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Appanoose County, Kirk A. Daily, District Associate Judge. Phillip Earl Lee appeals his conviction for second-degree theft. AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephan Japuntich, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, […]

Voll v. State. No. 06-1388.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Mills County, James S. Heckerman, Judge. Karl Voll appeals from the district court’s denial of his application for postconviction relief. AFFIRMED. Ryan M. Sewell, Council Bluffs, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney […]

Estate of Cooper v. Isle of Capri Bettendorf, L.C. No. 06-1667.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Scott County, James E. Kelley, Judge. The Estate of Martha Cooper appeals from the district court order granting Isle of Capri Bettendorf, L.C.’s motion for directed verdict. REVERSED AND REMANDED. Daniel […]

State v. Majors. No. 06-1365.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. Robert C. Majors appeals from the judgment and sentence entered after his conviction for possession of a controlled substance with the intent to deliver, failure to possess a tax stamp, and […]

Linn County v. Andrews. No. 06-0801.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Linn County, David L. Baker, Judge. Defendants appeal a district court order that found they neglected livestock and ordered them to reimburse Linn County for the costs on maintaining the animals after they were seized.AFFIRMED IN […]

Crawley v. State. No. 05-1666.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Black Hawk County, John J. Bauercamper, Judge. Charles Crawley appeals from the district court’s denial of his application for postconviction relief. AFFIRMED. Jeffrey L. Garland of Garland Law Office, Grinnell, for appellant. Thomas J. Miller, Attorney General, […]

State v. Sullivan. No. 06-1611.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Polk County, Artis I. Reis (motion to suppress) and Robert A. Hutchison (trial), Judges. Defendant appeals from his conviction of second-degree burglary. AFFIRMED. William Kutmus, Des Moines, and Catherine Levine, Des Moines, for appellant. Thomas J. Miller, […]

Bergstrom v. Iowa Health System. No. 06-1053.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Polk County, Glenn E. Pille, Judge. Plaintiff appeals a district court summary judgment ruling dismissing her medical malpractice action against defendants.AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. G. Stephen Walters and Mark L. Smith […]

State v. Fowler-Ortiz. No. 06-1934.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Black Hawk County, Bruce B. Zager, Judge. Robert Jose Fowler-Ortiz appeals from a supplemental order amending a sentence previously entered. SUPPLEMENTAL ORDERVACATED; SENTENCE VACATED; AND REMANDED FOR RESENTENCING. Mark C. Smith, State Appellate Defender, and Nan Jennisch, […]

Damiano v. Universal Gym Equipment. No. 06-1118.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Linn County, Amanda Potterfield, Judge. Employer appeals from a district court judgment entered to enforce an award of workers’ compensation benefits.AFFIRMED. Chad M. Von Kampen of Simmons, Perrine, Albright Ellwood, P.L.C., Cedar Rapids, for appellant. […]

Carter v. State. No. 06-1219.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge. Fredrick Carter appeals from the district court’s denial of his application for postconviction relief. AFFIRMED. Christopher Kragnes, Des Moines, for appellant. Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, […]

Simon v. Dubuque County Bd. of Sup’rs. No. 07-0020.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Dubuque County, George L. Stigler, Judge. Property owners appeal from a decision establishing that Dubuque County has a prescriptive easement across their property. AFFIRMED AS MODIFIED. Dale Putnam, Decorah, for appellants. Ralph Potter, […]

In re Marriage of McFadden. No. 06-1212.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Emmet County, David A. Lester (stipulation, decree, associated motions) and Don E. Courtney (trial), Judges. John L. McFadden appeals from the trial court’s ruling on the enforceability of a stipulated settlement and resulting dissolution decree […]

In re N.G. No. 07-0967.Supreme Court of Iowa. August 8, 2007. Appeal from the Iowa District Court for Clinton County, Arlen J. Van Zee, District Associate Judge. A father appeals from the order terminating his parental rights to a daughter. AFFIRMED. Marsha Arnold, Davenport, for appellant father. Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant […]

State v. Tracy. No. 06-1612.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge. The defendant appeals from his conviction, following a bench trial, for operating while intoxicated, first offense.REVERSED AND REMANDED. Matthew T. Lindholm of Gourley, Rehkemper Lindholm, P.L.C., Des Moines, for appellant. […]

State v. Shujun Yang. No. 06-0575.Supreme Court of Iowa. August 22, 2007. Appeal from the Iowa District Court for Johnson County, Sylvia A. Lewis, Judge. The defendant appeals from his conviction of domestic abuse assault while displaying a dangerous weapon. AFFIRMED. Mark C. Smith, State Appellate Defender, and Robert P. Ranschau, Assistant State Appellate Defender, […]

In re Q.S. No. 06-1653.Supreme Court of Iowa. August 8, 2007. Appeal from the Iowa District Court for Polk County, Louise Jacobs, District Associate Judge. A father appeals from a juvenile court order terminating his parental rights to three children. AFFIRMED. Jeffrey Mains, Des Moines, for appellant-father. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, […]