Articles Tagged: 759 N.W.2d 4

Gray v. See. No. 08-0023.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Scott County, Nancy Tabor, Judge. Plaintiff appeals following a trial in which the jury found the automobile accident between plaintiff and defendant was not a proximate cause of any damage to the plaintiff.AFFIRMED. William J. Bribriesco of […]

American Eyecare v. Department of Human. No. 07-1698.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Lee (South) County, Michael J. Schilling, Judge. Petitioner appeals from the district court’s judicial review of agency action upholding the department of human services’ finding that petitioner improperly billed for comprehensive eye exams. AFFIRMED. […]

Wolfe ex rel. Wolfe v. Weeks. No. 07-1880.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Linn County, Thomas L. Koehler, Judge. Wolfes appeal from district court ruling granting summary judgment in favor of insurance company based on named driver exclusion. AFFIRMED. Daniel D. Bernstein, Davenport, for appellant. James P. […]

In re P.P. No. 08-1121.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge. A father and mother appeal from the order terminating their parental rights. AFFIRMED. Judy Johnson, Des Moines, for appellant father. Joey Hoover, Des Moines, for appellant mother. Thomas J. […]

State v. Staples. No. 07-1916.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge. Defendant appeals his sentence in an OWI, third offense, case, claiming (1) the district court erred in concluding it did not have discretion to suspend the fine levied against […]

McDuffen v. State. No. 07-0382.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Dallas County, William H. Joy, Judge. Applicant appeals the district court’s denial of his request for postconviction relief on his conviction for first-degree robbery. AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant Appellate […]

State v. Clifton. No. 07-2073.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Black Hawk County, Jon Fister, Judge. Defendant appeals from the judgment and sentence entered upon her conviction of possession of marijuana with intent to deliver. AFFIRMED. Mark C. Smith, State Appellate Defender, and Dennis Hendrickson, Assistant Appellate […]

State v. Hunt. No. 07-0181.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Black Hawk County, Stephen C. Clarke, Judge. Ramale Hunt appeals from his first-degree murder conviction.AFFIRMED. Mark C. Smith, State Appellate Defender, and David Arthur Adams, Assistant Appellate Defender, for appellant. Ramale Antron Hunt, pro se. Thomas J. […]

In re C.W. No. 08-1274.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Black Hawk County, Stephen C. Clarke, Judge. A mother appeals from the district court’s permanency order.AFFIRMED. Michael Bandy, Waterloo, for appellant mother. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, Thomas J. Ferguson, County Attorney, […]

State v. Marcott. No. 08-0402.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Scott County, Gary D. McKenrick, Judge. Dominick Marcott appeals his sentences for third-degree theft and operating a motor vehicle without the owner’s consent.AFFIRMED. Mark C. Smith, State Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for […]

Sherwin-Williams Co. v. Iowa Dept. of Revenue. No. 07-1534.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge. The Iowa Department of Revenue appeals from the district court?s judicial review decision finding that Sherwin-Williams was exempt from Iowa?s sales and use tax. AFFIRMED. Thomas J. […]

In re Neiers. No. 08-0256.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Linn County, Douglas S. Russell, Judge. Mother appeals and father cross-appeals from a district court ruling establishing child custody and visitation.AFFIRMED. Stephen B. Jackson Jr., Cedar Rapids, for appellant. Jean C. Lawrence, Marion, for appellee. Considered by […]

State v. Burow. No. 07-1783.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Woodbury County, Gary E. Wenell, and Duane E. Hoffmeyer, Judges. Defendant appeals her judgment and sentence for conspiracy to possess with intent to deliver marijuana. AFFIRMED. Mark C. Smith, State Appellate Defender, and Robert P. Ranschau, Assistant […]

State v. Byars. No. 08-0100.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Scott County, J. Hobart Darbyshire, Judge. Defendant appeals his sentence following a guilty plea.AFFIRMED. Kent A. Simmons, Davenport, for appellant. Thomas J. Miller, Attorney General, Cristen Douglass, Assistant Attorney General, Michael Walton, County Attorney, and Rob Cusack, […]

Bellamy v. Iowa Dist. Court for Polk County. No. 07-1378.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Polk County, Richard G. Blane II, Judge. Domestic abuse order’s protected party seeks certiorari review of the court’s ruling finding her in contempt. WRITSUSTAINED. Michelle Mackel-Wiederanders, Iowa Legal Aid, Des Moines, for […]

State v. Michel. No. 07-1990.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Hancock County, Paul W. Riffel, Judge (restitution hearing). Defendant appeals the amount of a restitution order following plea of guilty to first-degree theft. AFFIRMED. Mark C. Smith, State Appellate Defender, and E. Frank Rivera, Assistant Appellate Defender, […]

Sugar Loaf Amusement v. Iowa Dept. of Inspections and Appeals, Social and Charitable Gaming Div. No. 08-0415.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Polk County, Artis Reis, Judge. The State appeals from the district court’s order on judicial review that reversed the agency’s revocation of registrations of electrical […]

State v. Quigley. No. 07-2005.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Marshall County, Michael J. Moon, Judge. Nancy Quigley appeals her conviction for possession of methamphetamine (more than five grams) with intent to deliver and a drug tax stamp violation. REVERSED AND REMANDED FORDISMISSAL. Mark C. Smith, State […]

Goodwin v. State. No. 08-0173.Supreme Court of Iowa. October 15, 2008. Appeal from the Iowa District Court for Pottawattamie County, Timothy O’Grady, Judge. Shawn Goodwin appeals from the trial court’s ruling dismissing his application for postconviction relief. AFFIRMED. Marti Nerenstone, Council Bluffs, for appellant. Thomas J. Miller, Attorney General, Sharon Hall, Assistant Attorney General, Matthew […]

In re T.B.V. No. 08-1222.Supreme Court of Iowa. October 1, 2008. Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge. A father appeals from a juvenile court order terminating his parental rights to his child. AFFIRMED. Jesse Macro of Gaudineer, Comito George, L.L.P., West Des Moines, for appellant. Thomas J. […]