Articles Tagged: 759 N.W.2d 3

Baker v. State. No. 06-1530.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Bremer County, Jon Stuart Scoles, Judge. Applicant appeals the district court order granting summary judgment to the State on his request for postconviction relief.REVERSED AND REMANDED. Philip B. Mears of Mears Law Office, Iowa City, for appellant. […]

State v. Binning. No. 08-0226.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Decatur County, Gary G. Kimes, Judge. The State appeals a district court ruling granting Richard G. Binning’s motion to suppress. REVERSED AND REMANDED. Thomas J. Miller, Attorney General, Jean Pettinger, Assistant Attorney General, and Lisa Hynden-Jeanes, County […]

State v. Fountain. No. 07-0999.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Story County, Lawrence E. Jahn, District Associate Judge. Defendant appeals his conviction for domestic abuse assault.AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Kevin […]

In re Davis. No. 06-1853.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Des Moines County, R. David Fahey, Judge. Mother appeals default judgment awarding legal custody of the parties’ child to the child’s father. AFFIRMED. Mindy B. Harlan, West Burlington, pro se. Scott E. Schroeder of Schroeder Law Office, […]

McGee v. State. No. 07-1516.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge. The applicant appeals from the denial of his postconviction relief application. AFFIRMED. Brian Farrell, Cedar Rapids, for appellant. Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Michael J. Walton, […]

State v. McKibbin. No. 07-2146.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Jasper County, Thomas A. Renda, Judge. The State was granted discretionary review of the district court’s grant of the defendant’s motion to suppress evidence based on an alleged violation of Iowa Code section 804.20 (2007). REVERSED AND […]

In re P.L.F. No. 08-1165.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Woodbury County, Brian Michaelson, Associate Juvenile Judge. A mother and father appeal separately from the part of the termination order transferring guardianship and custody of the child. AFFIRMED. Suzan Boden of Vriezelaar, Tigges, Edgington, Bottaro, Boden Ross, […]

In re K.A.L.R. No. 08-0440.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Johnson County, Sylvia A. Lewis, District Associate Judge. A minor appeals a district court order finding he committed the delinquent act of aiding and abetting attempted burglary in the third degree. REVERSED. Lars Anderson of Holland Anderson, […]

State v. Negrete-Ramirez. No. 07-1059.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge. Defendant appeals his judgment and sentences for robbery in the first degree, burglary in the first degree, and assault causing serious injury. AFFIRMED IN PART, VACATED IN PART, ANDREMANDED. Mark C. […]

State v. Anderson. No. 08-0053.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Black Hawk County, Bruce Zager, Judge. Martez Anderson appeals his sentence for intimidation with a dangerous weapon and carrying weapons. SENTENCING ORDERVACATED AND REMANDED. Mark C. Smith, State Appellate Defender, and Martha Lucey, Assistant Appellate Defender, for […]

In re Marriage of Blubaugh. No. 08-0119.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. Petitioner appeals from the district court’s ruling on his petition for declaratory judgment concerning the division of his pension. AFFIRMED. Leslie Babich and Kodi Petersen of Babich, Goldman, Cashatt […]

State v. Bustamante. No. 07-2138.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Story County, Carl D. Baker, Judge. Defendant appeals his guilty plea claiming ineffective assistance of counsel requires resentencing. AFFIRMED. Mark C. Smith, State Appellate Defender, and Nan Jennisch, Assistant State Appellate Defender, for appellant. Thomas J. Miller, […]

Pickinpaugh v. Great Western Ry. Co. of Iowa, L.L.C. No. 07-1699.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Pottawattamie County, J.C. Irvin, Judge. Plaintiff appeals the summary judgment entered in favor of defendants on plaintiff’s unpaid wages claim. AFFIRMED. Christopher Welsh of Welsh Welsh, P.C., Omaha, Nebraska, for appellant. […]

Wilder v. State. No. 07-1343.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge. Applicant appeals from the dismissal of his postconviction relief action. AFFIRMED. John Audlehelm of Audlehelm Law Office, Des Moines, for appellant. Thomas J. Miller, Attorney General, Thomas Andrews, Assistant Attorney […]

State v. Onnen. No. 08-0710.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Calhoun County, William C. Ostlund, Judge. The defendant appeals from the sentence imposed by the district court following his plea of guilty to second-offense operating while intoxicated. AFFIRMED. Kurt T. Pittner, Fort Dodge, for appellant. Thomas J. […]

Mujkic v. State. No. 07-1144.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Black Hawk County, James C. Bauch, Judge. Applicant appeals the district court decision denying his request for postconviction relief from his guilty pleas to third-degree sexual abuse and assault while displaying a dangerous weapon. AFFIRMED. Michael M. […]

State v. Jefferson. No. 07-1730.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Scott County, Gary D. McKenrick, Mary Howes, and Marlita A. Greve, Judges. Michael Deangelo Jefferson appeals from judgment and sentence entered following a guilty plea to third-degree sexual abuse.CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FORRESENTENCING. Mark C. […]

In re Marriage of Voorhees. No. 08-0186.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge. A mother appeals the child custody provisions of a dissolution decree. AFFIRMED. Stephen Jackson of Jackson Jackson, P.L.C., Cedar Rapids, for appellant. Crystal Usher of Nazette, Marner, Wendt, Knoll […]

State v. Bell. No. 07-0048.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge. Michael Bell appeals from the judgment and sentence entered upon his convictions of first-degree harassment and domestic assault. AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephan Japuntich, Assistant […]

Winke v. Winke. No. 05-1899.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Lee (North) County, Daniel P. Wilson, Judge. Defendant appeals from district court rulings in a temporary receivership proceeding. AFFIRMED. James Winke, Fort Madison, pro se. No appearance by appellee. W. Scott Power of Aspelmeier, Fisch, Power, Engberg […]