Lynch v. Lennon. No. 08-1788.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Webster County, Ronald H. Schechtman, Judge. Britt and Christine Lennon appeal the district court’s ruling finding the Lynches had established a boundary by acquiescence and declining to award damages to the Lennons from the Pierces, who […]
Articles Tagged: 778 N.W.2d 218
STATE v. McCULLOUGH, 778 N.W.2d 218 (Iowa App. 2009)
State v. McCullough. No. 08-1028.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Polk County, Don C. Nickerson, Judge. Defendant appeals his first degree robbery conviction alleging ineffective assistance of counsel. AFFIRMED. Mark C. Smith, State Appellate Defender, and Patricia Reynolds, Assistant State Appellate Defender, for appellant. Thomas J. […]
KONCEL v. STATE, 778 N.W.2d 218 (Iowa App. 2009)
Koncel v. State. No. 07-1518.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Jackson County, Mary E. Howes, Judge. Applicant appeals the district court’s dismissal of his petition for postconviction relief. AFFIRMED. Andrew M. Larson, Moline, for appellant. Joseph J. Koncel, Anamosa, pro se. Thomas J. Miller, Attorney General, […]
STATE v. KOLLASCH, 778 N.W.2d 218 (Iowa App. 2009)
State v. Kollasch. No. 09-0305.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge. The State appeals from the order granting the motion to suppress. AFFIRMED. Thomas J. Miller, Attorney General, Kyle Hanson and Mary Tabor, Assistant Attorneys General, and Todd Holmes, County Attorney, […]
SCOTTSDALE INS. CO. v. APIS, 778 N.W.2d 218 (Iowa App. 2009)
Scottsdale Ins. Co. v. Attorneys Process Investigation Services, INC. No. 08-0944.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Tama County, Denver D. Dillard, Judge. Defendant appeals the district court’s grant of summary judgment to plaintiff in this declaratory judgment action concerning insurance coverage. AFFIRMED IN PART, REVERSEDIN PART, […]
STATE v. HARMON, 778 N.W.2d 218 (Iowa App. 2009)
State v. Harmon. No. 09-0639.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Polk County, Colin J. Witt, Judge. Appeal from conviction of wanton neglect of a resident of a health care facility. REVERSED AND REMANDED. Mark C. Smith, State Appellate Defender, and David Arthur Adams, Assistant State Appellate […]
STATE v. JOHNSON, 778 N.W.2d 218 (Iowa App. 2009)
State v. Johnson. No. 08-0320.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Guthrie County, Paul R. Huscher, Judge. Johnny Lee Johnson appeals from the judgment and sentence entered on his convictions for two counts of murder in the first degree. AFFIRMED. Mark C. Smith, State Appellate Defender, and […]
IN RE BATTLE, 778 N.W.2d 218 (Iowa App. 2009)
In re Estate of Battle. No. 09-0170.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Story County, Michael J. Moon, Judge. Appellants argue the district court incorrectly reinstated a previously-released mortgage after voiding a homestead mortgage not signed by a spouse. REVERSED. Bruce P. Bickel, Ames, for appellant Estate […]
STATE v. JONES, 778 N.W.2d 218 (Iowa App. 2009)
State v. Jones. No. 08-1917.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar (motion to suppress) and Todd A. Geer (trial), Judges. Michael Navaro Jones appeals his convictions for first-degree robbery and felon in possession of a firearm.AFFIRMED. Mark C. Smith, State Appellate […]
TRAVELER’S INDEM. v. FRANZEN, 778 N.W.2d 218 (Iowa App. 2009)
Traveler’s Indem. Co. v. D.J. Franzen, Inc. No. 09-0040.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge. Traveler’s Indemnity Company appeals from the district court’s order granting D.J. Franzen, Inc.’s motion for summary judgment. AFFIRMED. CeCelia C. Ibson and Laurie J. Wiedenhoff of […]
STATE v. GUSTAFSON, 778 N.W.2d 218 (Iowa App. 2009)
State v. Gustafson. No. 08-1429.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Guthrie County, Darrell Goodhue, Judge. The State seeks reversal of the district court’s ruling granting the defendant’s motion to suppress all evidence garnered after the stop of his vehicle. REVERSED ANDREMANDED. Mark C. Smith, State Appellate […]
IN RE JOHNSON, 778 N.W.2d 218 (Iowa App. 2009)
In re Marriage of Johnson. No. 08-1716.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Dallas County, Arthur E. Gamble, Judge. Michele Johnson appeals the physical care and property provisions of a dissolution decree. AFFIRMED ASMODIFIED. R.A. Bartolomei of Bartolomei Lange, P.L.C., Des Moines, for appellant. Vicki R. Copeland […]
STATE v. KNAPP, 778 N.W.2d 218 (Iowa App. 2009)
State v. Knapp. No. 08-1918.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Black Hawk County, Kellyann Lekar (motion to suppress) and George Stigler (trial), Judges. Douglas Ray Knapp appeals from the judgment and sentence entered following several drug-related convictions.AFFIRMED. Mark C. Smith, State Appellate Defender, and David Adams, […]
KIRSHEN v. DIELINGEN, 778 N.W.2d 218 (Iowa App. 2009)
Kirshen v. Von Dielingen. No. 08-0473.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Montgomery County, James H. Heckerman, Judge. Petitioners appeal the district court’s rulings dismissing claims against the county assessor and finding it had no jurisdiction to consider the claims against the county board of review. AFFIRMED […]
STATE v. WELLS, 778 N.W.2d 218 (Iowa App. 2009)
State v. Wells. No. 07-1478.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge. Defendant appeals from her convictions for two counts of theft in the second degree and ongoing criminal conduct.AFFIRMED. Shane C. Michael, Des Moines, for appellant. Sharon L. Wells, pro se […]
WOODS v. SONNEMAN, 778 N.W.2d 218 (Iowa App. 2009)
Woods v. Sonneman. No. 09-0267.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Polk County, Richard G. Blane II, Judge. A buyer appeals a district court ruling denying his request for attorney fees and awarding the sellers attorney fees in a dispute arising from a real estate contract. AFFIRMED […]
SCHULTE v. HARVEY, 778 N.W.2d 218 (Iowa App. 2009)
Schulte v. Harvey. No. 09-0327.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Dubuque County, Bradley J. Harris, Judge. Brian and Linda Harvey appeal from the district court order denying their claims arising from a real estate transaction.AFFIRMED IN PART, REVERSED IN PART, AND MODIFIED. William H. Roemerman of […]
EASTMAN v. STATE PUBLIC DEFENDER, 778 N.W.2d 218 (Iowa App. 2009)
Eastman v. State Public Defender. No. 09-0632.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Cerro Gordo County, Peter B. Newell, Judge. The State Public Defender appeals a district court order approving a court-appointed attorney’s motion to exceed the fee guidelines. REVERSED AND REMANDED. Tomás Rodríguez, State Public Defender, […]
IN RE HAYNES, 778 N.W.2d 218 (Iowa App. 2009)
In re Marriage of Haynes. No. 09-0803.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Van Buren County, Annette J. Scieszinski, Judge. A mother appeals from a district court ruling modifying the physical care and visitation provisions of the parties’ dissolution decree. AFFIRMED. Jeffrey R. Logan of Curran Law […]
HUGHES v. STATE, 778 N.W.2d 218 (Iowa App. 2009)
Hughes v. State. No. 09-0499.Court of Appeals of Iowa. December 17, 2009. Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge. John Hughes appeals from the denial of his application for postconviction relief. AFFIRMED. Lynn C. H. Poschner of Borseth Law Office, Altoona, for appellant. Thomas J. Miller, Attorney General, […]