State v. Henderson. No. 08-1840.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Marshall County, Carl D. Baker (plea proceedings) and Michael H. Moon (sentencing), Judges. Defendant appeals from the conviction and sentence for possession of a controlled substance. CONVICTIONSAFFIRMED; SENTENCES VACATED AND REMANDED FORRESENTENCING. Mark C. Smith, State […]
Articles Tagged: 776 N.W.2d 110
STATE v. GILLELAND, 776 N.W.2d 110 (Iowa App. 2009)
State v. Gilleland. No. 08-0847.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Montgomery County, James M. Richardson, Judge. Defendant appeals from the judgment and sentence entered on her convictions of first-degree arson and attempted murder.REVERSED AND REMANDED FOR RETRIAL. Mark C. Smith, State Appellate Defender, and Nan Jennisch, […]
STATE v. DECKER, 776 N.W.2d 110 (Iowa App. 2009)
State v. Decker. No. 08-1441.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Union County, Monty W. Franklin, District Associate Judge. A defendant appeals following his conviction of operating while intoxicated, second offense. AFFIRMED. Gordon Darling of Darling Darling, Winterset, for appellant. Thomas J. Miller, Attorney General, Bruce Kempkes, […]
STATE v. CRUTCHER, 776 N.W.2d 110 (Iowa App. 2009)
State v. Crutcher. No. 07-1307.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge. Defendant appeals from the conviction and sentence for possession of a controlled substance. AFFIRMED. Mark C. Smith, State Appellate Defender, and Theresa Wilson, Assistant Appellate Defender, for appellant. Thomas J. […]
STATE v. BIRKHOLZ, 776 N.W.2d 110 (Iowa App. 2009)
State v. Birkholz. No. 08-0335.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Cerro Gordo County, Paul W. Riffel, Judge. Mark Robert Birkholz appeals his conviction for possession with intent to deliver a controlled substance (methamphetamine). He claims the district court erred in denying his motion to suppress evidence. […]
STATE v. LANGSTRAAT, 776 N.W.2d 110 (Iowa App. 2009)
State v. Langstraat. No. 08-1283.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Mahaska County, Richard J. Vogel, Judge. Defendant appeals his conviction for sexual abuse in the third degree. AFFIRMED. Mark C. Smith, State Appellate Defender, and David Adams, Assistant State Appellate Defender, for appellant. Thomas J. Miller, […]
RUNNER v. KRIEGEL, 776 N.W.2d 110 (Iowa App. 2009)
Runner v. Kriegel. No. 08-1629.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Poweshiek County, Joel D. Yates, Judge. Plaintiff appeals an adverse decision on his breach of fiduciary duty claim. AFFIRMED. Gail E. Boliver and Christopher Clausen of Boliver Bidwell Law Firm, Marshalltown, for appellant. Reyne L. See […]
McGINNIS v. IOWA CLINIC, 776 N.W.2d 110 (Iowa App. 2009)
McGinnis v. Iowa Clinic, P.C. No. 08-1005.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Polk County, Glenn E. Pille, Judge. The plaintiffs appeal from the district court order granting summary judgment in favor of the defendants on one count and dismissing another count. AFFIRMED. Nick Critelli and Tre […]
STATE v. URBAN, 776 N.W.2d 110 (Iowa App. 2009)
State v. Urban. No. 08-0891.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Plymouth County, James D. Scott, Judge. Defendant appeals his conviction for unlawful possession of animal furs. AFFIRMED. Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney […]
HARTSFIELD v. STATE, 776 N.W.2d 110 (Iowa App. 2009)
Hartsfield v. State. No. 07-2118.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Scott County, Gary D. McKenrick, Judge. Napoleon Hartsfield appeals the district court decision denying his application for postconviction relief.AFFIRMED. Gary K. Koos, Bettendorf, for appellant. Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, […]
IN RE BABCOCK, 776 N.W.2d 110 (Iowa App. 2009)
In re Detention of Babcock. No. 08-1644.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge (motion for order prohibiting counsel from attending psychiatric evaluation); George L. Stigler, Judge (trial). James Babcock appeals from an order prohibiting counsel from attending his compelled psychiatric […]
STATE v. GARLICK, 776 N.W.2d 110 (Iowa App. 2009)
State v. Garlick. No. 08-1134.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Polk County, Robert A. Hutchinson, Judge. Matthew Alan Garlick appeals from the judgment and sentence entered following his conviction of homicide by vehicle.AFFIRMED. Mark C. Smith, State Appellate Defender, and David Adams, Assistant Appellate Defender, for […]
MARTIN v. CROOK, 776 N.W.2d 110 (Iowa App. 2009)
Martin v. Crook. No. 08-1711.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge. Plaintiffs-appellants appeal from a jury verdict in favor of the defendants-appellees in a case involving a collision by the side of a highway. AFFIRMED IN PART, REVERSED IN PART, ANDREMANDED. […]
STATE v. BESSLER, 776 N.W.2d 110 (Iowa App. 2009)
State v. Bessler. No. 08-1732.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge. Defendant appeals his conviction for operating a motor vehicle while intoxicated. REVERSED AND REMANDED. Steven Hanna, Moline, Illinois, for appellant. Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant […]
IN RE McCABE, 776 N.W.2d 110 (Iowa App. 2009)
In re Marriage of McCabe. No. 08-1579.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Winneshiek County, Michael J. Shubatt, Judge. Anthony McCabe appeals the district court’s dismissal of his application for an order holding his former wife, Kristi McCabe, in contempt of court. AFFIRMED. Dale Putnam, Decorah, for […]
ORTIZ v. SWIFT CO., 776 N.W.2d 110 (Iowa App. 2009)
Ortiz ex rel. Acosta v. Swift Co. No. 08-2016.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Polk County, D.J. Stovall, Judge. Petitioner appeals the district court order affirming the decision of the workers’ compensation commissioner denying her request for benefits as a surviving spouse. AFFIRMED. Nathaniel R. Boulton […]
MELENDEZ v. STATE, 776 N.W.2d 110 (Iowa App. 2009)
Melendez v. State. No. 08-1153.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Muscatine County, Patrick J. Madden, Judge. Jorge Melendez appeals the district court’s denial of his application for postconviction relief. AFFIRMED. Mark C. Smith, State Appellate Defender, and Thomas Gaul, Assistant State Appellate Defender, for appellant. Jorge […]
STATE v. NEARMAN, 776 N.W.2d 110 (Iowa App. 2009)
State v. Nearman. No. 08-1622.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge. Appeal from conviction of and sentence for possession with intent to deliver a controlled substance. AFFIRMED. Stanley Munger and Jay Denne of Munger, Reinschmidt Denne, L.L.P., Sioux City, for appellant. […]
STATE v. BYRD, 776 N.W.2d 110 (Iowa App. 2009)
State v. Byrd. No. 07-1936.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge. Defendant appeals his conviction and sentence for first-degree robbery. AFFIRMED. Mark C. Smith, State Appellate Defender, and Patricia Reynolds, Assistant Appellate Defender, for appellant. Joe Louis Byrd, Newton, appellant pro […]
STATE v. PEREZ, 776 N.W.2d 110 (Iowa App. 2009)
State v. Perez. No. 08-0991.Court of Appeals of Iowa. August 6, 2009. Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. Jorge Martinez Perez appeals following conviction and sentence for possession of a controlled substance with intent to deliver and failure to possess a tax stamp. AFFIRMED. Mark C. Smith, State […]