CAMPBELL v. STATE, 772 N.W.2d 269 (Iowa App. 2009)

Campbell v. State. No. 08-1249.Court of Appeals of Iowa. July 2, 2009. Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. A postconviction relief applicant asserts that trial, appellate, and initial postconviction counsel were ineffective for failing to argue that applicant’s trial information should have been dismissed for failure to bring […]

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IN RE R.A.N., 772 N.W.2d 269 (Iowa App. 2009)

In Re. R.A.N. No. 08-1676.Court of Appeals of Iowa. July 2, 2009. Appeal from the Iowa District Court for Floyd County, Christopher C. Foy, Judge. R.A.N. appeals a district court order committing him to inpatient treatment. AFFIRMED. David A. Kuehner of Eggert, Erb Mulcahy, P.L.C., Charles City, for appellant. Jesse M. Marzen, County Attorney, and […]

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FOX v. CLARK, 772 N.W.2d 269 (Iowa App. 2009)

Fox v. Clark. No. 08-1555.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Pottawattamie County, Gordon Abel, Judge. Becky Fox was granted discretionary review of a district court appeal decision that reversed a judgment in her favor and against the defendant in a small claims action. REVERSEDAND REMANDED. Jon […]

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STATE v. SERRATO, 772 N.W.2d 269 (Iowa App. 2009)

State v. Serrato. No. 08-0799.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Muscatine County, James E. Kelley, Judge. Edgardo Serrato appeals his conviction for obstruction of prosecution. REVERSED AND REMANDED. Lori Kieffer-Garrison, Rock Island, Illinois, for appellant. Thomas J. Miller, Attorney General, Sheryl Soich, Assistant Attorney General, Gary […]

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STATE v. MABLIN, 772 N.W.2d 269 (Iowa App. 2009)

State v. Mablin. No. 08-1180.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Clinton County, Mark D. Cleve, Judge. Defendant appeals his second-degree murder conviction, alleging the district court erred in admitting testimony that was covered by the priest-penitent privilege. AFFIRMED. Mark C. Smith, State Appellate Defender, and Nan […]

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IN RE J.E.C., 772 N.W.2d 269 (Iowa App. 2009)

In Re J.E.C. No. 09-0516.Court of Appeals of Iowa. July 2, 2009. Appeal from the Iowa District Court for Johnson County, Stephen Gerard, District Associate Judge. A father and mother appeal from the order terminating their parental rights. AFFIRMED. Raymond Tinnian, Kalona, for appellant father. Ryan Tang, Cedar Rapids, for appellant mother. Thomas J. Miller, […]

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IN RE S.E., 772 N.W.2d 269 (Iowa App. 2009)

In Re S.E. No. 09-0627.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Scott County, John G. Mullen, District Associate Judge. A father appeals the juvenile court order terminating his parental rights. AFFIRMED. John O. Moeller, Davenport, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney […]

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STATE v. ROBERTS, 772 N.W.2d 269 (Iowa App. 2009)

State v. Roberts. No. 08-1736.Court of Appeals of Iowa. July 2, 2009. Appeal from the Iowa District Court for Black Hawk County, Nathan A. Callahan, District Associate Judge. Aaron Stacy Roberts appeals following conviction and sentence for third-offense possession of marijuana. AFFIRMED. Mark C. Smith, State Appellate Defender, and Thomas Gaul, Assistant Appellate Defender, for […]

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BULDHAUPT v. CITY OF DES MOINES, 772 N.W.2d 269 (Iowa App. 2009)

Buldhaupt v. City of Des Moines. No. 08-1454.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge. The defendants appeal from judgment entered against them on Bruce Buldhaupt’s claims of false arrest and unlawful entry.AFFIRMED. Angela T. Althoff and Gary D. Goudelock, Jr., Assistant […]

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ADDISON INC. Co. v. KNIGHT, 772 N.W.2d 269 (Iowa App. 2009)

Addison Inc. Co. v. Knight, Hoppe, Kurnick Knight, L.L.C. No. 08-1570.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge. Appellant appeals the grant of summary judgment and asserts legal malpractice against its former counsel.AFFIRMED. Robert Hogg and Patrick M. Roby of Elderkin Pirnie, […]

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IN RE YOUNG, 772 N.W.2d 269 (Iowa App. 2009)

In Re Young. No. 08-1369.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Black Hawk County, Jon Fister and Nathan Callahan, Judges. Young appeals the State’s in rem forfeiture of his handgun. AFFIRMED. Michael W. Young, Tama, pro se. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, […]

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STATE v. HARKINS, 772 N.W.2d 269 (Iowa App. 2009)

State v. Harkins. No. 07-1561.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Cedar County, J. Hobart Darbyshire, Judge. Harkins appeals his sentence for third-degree sexual abuse.AFFIRMED. Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Elisabeth […]

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STATE v. WILLIAMS, 772 N.W.2d 269 (Iowa App. 2009)

State v. Williams. No. 09-0060.Court of Appeals of Iowa. July 2, 2009. Appeal from the Iowa District Court for Scott County, J. Hobart Darbyshire, Judge. Keith Ray Williams appeals the sentence imposed following his guilty plea. AFFIRMED. Mark C. Smith, State Appellate Defender, and Thomas J. Gaul, Assistant Appellate Defender, for appellant. Thomas J. Miller, […]

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STATE v. SHERROD, 772 N.W.2d 269 (Iowa App. 2009)

State v. Sherrod. No. 08-1136.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson (motion to suppress) and Greg W. Steensland (trial), Judges. Antony Sherrod appeals his conviction for second-degree robbery. AFFIRMED. Mark C. Smith, State Appellate Defender, and Shellie Knipfer, Assistant Appellate Defender, for […]

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GEAR v. STATE, 772 N.W.2d 269 (Iowa App. 2009)

Gear v. State. No. 08-1150.Court of Appeals of Iowa. July 2, 2009. Appeal from the Iowa District Court for Hardin County, Carl D. Baker, Judge. Applicant appeals following the district court’s denial of his application for postconviction relief. AFFIRMED. John J. Haney of Hinshaw, Danielson, Kloberdanz Haney, P.C., Marshalltown, for appellant. Thomas J. Miller, Attorney […]

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STATE v. SALLIS, 772 N.W.2d 269 (Iowa App. 2009)

State v. Sallis. No. 08-0088.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Dubuque County, Monica A. Ackley, Judge. The defendant appeals his sentence for third-degree sexual abuse. AFFIRMED. Mark C. Smith, State Appellate Defender, and David Arthur Adams, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney […]

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STATE v. COSBY, 772 N.W.2d 269 (Iowa App. 2009)

State v. Cosby. No. 08-0998.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Black Hawk County, Todd A. Geer, Judge. A defendant appeals his judgment and sentence for first-degree arson, contending (1) the evidence was insufficient to support the jury’s finding of guilt, (2) the district court abused its […]

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STATE v. THOMPSON, 772 N.W.2d 269 (Iowa App. 2009)

State v. Thompson. No. 08-1386.Court of Appeals of Iowa. Filed July 2, 2009. Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan, District Associate Judge. Shaun Lee Thompson appeals from his conviction and sentence for harassment in the first degree. SENTENCE VACATED ANDREMANDED FOR FURTHER PROCEEDINGS. Mark C. Smith, State Appellate Defender, […]

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OEHLERT v. CAMPBELL, 772 N.W.2d 269 (Iowa App. 2009)

Oehlert v. Campbell. No. 08-1450.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Clarke County, Gary G. Kimes, Judge. Frank Campbell appeals from a district court ruling denying his motion for new trial following a judgment in favor of William and Mabel Oehlert on a promissory note and dishonored […]

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STATE v. WING, 772 N.W.2d 269 (Iowa App. 2009)

State v. Wing. No. 08-1048.Court of Appeals of Iowa. July 22, 2009. Appeal from the Iowa District Court for Scott County, Hobart Darbyshire, Judge. Jason Wing appeals from his conviction of possession of marijuana with intent to deliver. AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephan Japuntich, Assistant Appellate Defender, for appellant. Thomas J. […]

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