Articles Tagged: 759 N.W.2d 4

State v. Pitts. No. 08-0237.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Jackson County, Patrick J. Madden, Judge. Craig Pitts appeals his conviction for operating a motor vehicle while intoxicated, third offense. AFFIRMED. John Kies, Bellevue, for appellant. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Phil […]

In re A.H. No. 08-1377.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Polk County, Louise Jacobs, District Associate Judge. A mother appeals the adjudication of her child to be in need of assistance. AFFIRMED. Jeffrey Mains of Mains Law Office, Des Moines, for appellant mother. Todd Babich, Des Moines, […]

In re T.A.H. No. 08-1277.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Carroll County, James A. McGlynn, Associate Juvenile Judge. A father appeals from the order terminating his parental rights. AFFIRMED. Joel Baxter of Beverly Wild Law Office, P.C., Guthrie Center, for appellant. Thomas J. Miller, Attorney General, Kathrine […]

Halligan v. Shimon. No. 07-1693.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Pocahontas County, Joel E. Swanson, Judge. Primary obligors appeal from the district court’s ruling in favor of a guarantor. AFFIRMED. William Alexander, Laurens, and William Thomas of Shors Thomas, Pocahontas, for appellants. Donald Beneke, Pocahontas, for appellee. […]

In re N.L.S. No. 08-1272.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, District Associate Judge. A mother and father appeal the termination of their parental rights. AFFIRMED. Joseph W. Flannery, LeMars, for appellant-father of C.M.S. Peter M. Monzel, Sioux City, for appellant-mother. Thomas J. […]

Jordan v. Second Injury Fund of Iowa. No. 08-0346.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Linn County, Patrick Grady, Judge. Linda Jordan appeals from the district court order affirming the workers’ compensation commissioner’s finding that her claim against the Second Injury Fund was time barred.AFFIRMED. Thomas M. Wertz […]

State v. Ewing. No. 07-1830.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Scott County, Nancy Tabor, Judge. Frederick D. Ewing appeals the sentence imposed upon his conviction for possession of marijuana. SENTENCE VACATEDAND REMANDED FOR RESENTENCING. Mark C. Smith, State Appellate Defender, and Dennis Hendrickson, Assistant State Appellate Defender, […]

Perez v. Newton. No. 07-1820.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge. Plaintiffs appeal from summary judgment granted in favor of defendant Joe Leja. AFFIRMED. Kyle T. Reilly of Thomas J. Reilly Law Firm, P.C., Des Moines, for appellants. Martha L. Shaff and […]

In re T.R. No. 07-1777.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Scott County, John G. Mullen, District Associate Judge. A minor appeals from the dispositional order finding her delinquent. AFFIRMED. Jack E. Dusthimer, Davenport, for appellant minor child. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, […]

Daniels v. State. No. 07-1275.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Jasper County, Peter Keller, Judge. Plaintiff appeals a district court’s dismissal of his lawsuit on claim and issue preclusion grounds. He also contends that a civil penalty rendered against him in an underlying proceeding is void. AFFIRMED. […]

State v. Garrity. No. 08-0330.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge. Defendant appeals the district court’s denial of his motion to suppress in an OWI prosecution, claiming that evidence should have been suppressed because the arresting officer failed to inform him […]

In re D.W. No. 08-1271.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge. A mother appeals the termination of her parental rights to her children. AFFIRMED. Jesse A. Macro, Jr. of Gaudineer, Comito George, L.L.P., West Des Moines, for appellant mother. Jared […]

Wernett v. Waste Management of Iowa. No. 08-0431.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Linn County, William L. Thomas, Judge. Workers’ compensation claimant appeals from the judicial review ruling affirming the commissioner’s denial of benefits for a shoulder injury. AFFIRMED. Gerald J. Kucera of Tom Riley Law Firm, […]

State v. Summers. No. 08-0164.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge. Lance Summers appeals from the sentence imposed following his guilty plea to second-degree theft. AFFIRMED. Alfredo Parrish and Andrew Dunn of Parrish, Kruidenier, Dunn, Boles, Gribble, Parrish, Gentry Fisher, L.L.P., […]

In re Marriage of Pint. No. 07-1796.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Buchanan County, James C. Bauch, Judge. David Pint appeals the district court’s order increasing his child support obligation and refusing to modify his dissolution decree to change his son’s last name. AFFIRMED. D. Raymond Walton […]

In re A.A. No. 08-1275.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Scott County, Mary Howes, District Associate Judge. A father appeals a juvenile court decision declining to terminate the parental rights of a child’s mother.REVERSED AND REMANDED. Lauren Phelps, Bettendorf, for appellant father. Carrie Coyle, Davenport, for appellee […]

Horsfield Const., Inc. v. City of Dyersville. No. 07-1419.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Dubuque County, Monica L. Ackley, Judge. Contractor appeals from the dismissal of its declaratory judgment action against city with whom it had contracted.AFFIRMED. Todd J. Locher of Locher Locher, Farley, for appellant. Michael […]

Greenup v. State. No. 07-0542.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge. Chester Greenup appeals the district court decision denying his application for postconviction relief. AFFIRMED. Christopher Kragnes of Kragnes Associates, P.C., Des Moines, for appellant. Thomas J. Miller, Attorney General, Linda Hines, […]

In re X.S. No. 08-1276.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Franklin County, Peter Newell, District Associate Judge. A mother appeals the district court’s termination of her parental rights. AFFIRMED. Marilyn Dettmer of Dettmer Law Office, Charles City, for appellant mother. Michael Cross, Hampton, for appellee father. Thomas […]

Wermers v. Corbett. No. 07-2025.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Woodbury County, Gary E. Wenell, Judge. Karen Wermers appeals from the district court’s grant of summary judgment for defendants. AFFIRMED. Karen Wermers, Omaha, pro se. Francis Goodwin of Baron, Sar, Goodwin, Gill Lohr, Sioux City, for appellee […]