STATE v. WALKER, 801 N.W.2d 32 (Iowa App. 2011)

State v. Walker. No. 10-0525.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Polk County, James D. Birkenholz, Judge. Following the granting of discretionary review, the State requests reversal of a district court order suppressing the results of a breath test administered to the defendant.REVERSED AND REMANDED. Thomas J. […]

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IN RE C.S., 801 N.W.2d 32 (Iowa App. 2011)

In re C.S. No. 11-0284.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Fayette County, Alan D. Allbee, Associate Juvenile Judge. A mother appeals from the order terminating her parental rights. AFFIRMED. John J. Sullivan of Sullivan Law Office, P.C., Oelwein, for appellant mother. John Hofmeyer III, Oelwein, for […]

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LOVRIEN v. DIST. COURT, 801 N.W.2d 32 (Iowa App. 2011)

Lovrien v. District Court for Butler County. No. 10-1174.Court of Appeals of Iowa. April 27, 2011. Certiorari from the Iowa District Court for Butler County, Christopher C. Foy, Judge. Glenda Lovrien asserts the district court did not properly apply the law in its denial of her application for waiver of conciliation counseling, and therefore the […]

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IN RE D.L., 801 N.W.2d 32 (Iowa App. 2011)

In re D.L. No. 11-0260.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Webster County, James A. McGlynn, Associate Juvenile Judge. A mother appeals the district court’s order terminating her parental rights. AFFIRMED. Douglas E. Cook of Cook Law Office, Jewell, for appellant mother. Thomas J. Miller, Attorney General, […]

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IN RE M.A., 801 N.W.2d 32 (Iowa App. 2011)

In re M.A. No. 10-1788.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Polk County, Constance Cohen, Associate Juvenile Judge. A father appeals from the order terminating his parental rights. AFFIRMED. Steven E. Clarke of Pargulski, Hauser Clarke, Des Moines, for appellant father of M.A., C.A., and K.A. Jeffery […]

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STATE v. BRIONES, 801 N.W.2d 32 (Iowa App. 2011)

State v. Briones. No. 10-1045.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Scott County, Paul L. Macek, Judge. Estephen Briones appeals from the sentence imposed upon his conviction of escape, in violation of Iowa Code section 719.4(1) (2009). SENTENCE VACATED AND REMANDED. Mark C. Smith, State Appellate Defender, […]

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IN RE GENSLEY, 801 N.W.2d 32 (Iowa App. 2011)

In re Marriage of Gensley. No. 10-1010.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Iowa County, Marsha M. Beckelman, Judge. Kelly Gensley appeals the district court’s order refusing to find his ex-wife in contempt of provisions of the dissolution decree involving the summer visitation schedule for their three […]

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FLORES v. STATE, 801 N.W.2d 32 (Iowa App. 2011)

Flores v. State. No. 10-0020.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Polk County, Don C. Nickerson, Judge. The State appeals from the district court’s postconviction-relief order granting a new trial.AFFIRMED. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, John P. Sarcone, County Attorney, and Joe […]

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IN RE S.C., 801 N.W.2d 32 (Iowa App. 2011)

In re S.C. No. 11-0110.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. A mother and father appeal the termination of their parental rights. AFFIRMED. Christine Frederick of Zamora, Taylor, Woods Frederick, Davenport, for appellant-father of S.C. Brenda Drew-Peeples, Davenport, for appellant-mother. Thomas […]

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IN RE Z.V., 801 N.W.2d 32 (Iowa App. 2011)

In re Z.V. No. 11-0258.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge. A mother and father appeal a ruling terminating their parental rights to their two children. AFFIRMED. Lauren M. Phelps, Davenport, for appellant father. Steven W. Stickle of Stickle […]

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HONSEY v. BD. OF DIRECTORS, 801 N.W.2d 32 (Iowa App. 2011)

Honsey v. Board of Directors of Des Moines Independent Community School Dist. No. 09-1921.Court of Appeals of Iowa. April 27, 2011. Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. A teacher facing termination of her employment contract seeks reversal of the district court’s dismissal of her petition for writ of […]

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CITY OF RIVERDALE v. DIERCKS, 801 N.W.2d 32 (Iowa App. 2011)

City of Riverdale v. Diercks. No. 09-1670.Court of Appeals of Iowa. April 27, 2011. Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. Appeal from an award of attorney fees. REVERSED. Michael Motto of Bush, Motto, Creen, Koury Halligan, P.L.C., Davenport, for appellant. Michael Meloy of Koos Meloy, Bettendorf, for appellees. […]

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AMLING v. STATE FARM INS. CO., 801 N.W.2d 32 (Iowa App. 2011)

Amling v. State Farm Ins. Co. No. 10-1130.Court of Appeals of Iowa. April 27, 2011. Appeal from the Iowa District Court for Dubuque County, Lawrence Fautsch, Judge. Plaintiffs appeal the district court order granting summary judgment on their claims of negligence, negligent misrepresentation, bad faith, and punitive damages against their insurer and their insurance agent. […]

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IN RE A.G., 801 N.W.2d 32 (Iowa App. 2011)

In re A.G. No. 10-2121.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge. A mother and father appeal from the termination of parental rights to two children. AFFIRMED. Allen A. Anderson of Spayde, White Anderson, Oskaloosa, for appellant father. Michael O. […]

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MOGENSEN v. DES MOINES REGL., 801 N.W.2d 32 (Iowa App. 2011)

Mogensen v. Des Moines Regional Transit Authority. No. 10-1012.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Polk County, Don C. Nickerson, Judge. Plaintiff appeals the judgment entered for defendants in his tort suit based on a motor vehicle-pedestrian accident.AFFIRMED. John P. Dougherty of Lawyer, Dougherty, Palmer Flansberg, P.L.C., […]

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HOTCHKISS v. INT’L PROFIT ASSOCIATES, 801 N.W.2d 32 (Iowa App. 2011)

Hotchkiss v. International Profit Associates, Inc. No. 09-1632.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Black Hawk County, Richard D. Stochl, Judge. A defendant appeals the district court’s denial of its motion to dismiss based upon forum selection language contained within a contract between the parties. AFFIRMED ANDREMANDED. […]

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IN RE B.M.M., 801 N.W.2d 32 (Iowa App. 2011)

In re B.M.M. No. 11-0203.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Carroll County, James A. McGlynn, Associate Juvenile Judge. A father appeals the termination of his parental rights to his two children. AFFIRMED. Robert E. Peterson, Carroll, for appellant father of J.S.R.M. and R.S.M. Thomas J. Miller, […]

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IN RE C.M., 801 N.W.2d 32 (Iowa App. 2011)

In re C.M. No. 10-1627.Court of Appeals of Iowa. April 13, 2011. Appeal from the Iowa District Court for Polk County, Louise Jacobs, District Associate Judge. A mother and father each appeal from the order terminating their parental rights. AFFIRMED ON BOTH APPEALS. Christopher A. Kragnes of Kragnes Associates, P.C., Des Moines, for appellant mother. […]

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SMITH v. STATE, 801 N.W.2d 32 (Iowa App. 2011)

Smith v. State. No. 10-1020.Court of Appeals of Iowa. April 27, 2011. Appeal from the Iowa District Court for Humboldt County, Kurt L. Wilke, Judge. Applicant appeals from the dismissal of her application for postconviction relief. REVERSED AND REMANDED. Darren D. Driscoll of Johnson Kramer, Good, Mulholland, Cochrane Driscoll, P.L.C., Fort Dodge, for appellant. Thomas […]

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STATE v. ENRIQUEZ, 801 N.W.2d 32 (Iowa App. 2011)

State v. Enriquez. No. 09-1460.Court of Appeals of Iowa. April 27, 2011. Appeal from the Iowa District Court for Muscatine County, Mary E. Howes (motion to suppress) and James E. Kelley (trial), Judges. A defendant appeals from his drug and firearm convictions.AFFIRMED. Mark C. Smith, State Appellate Defender, Patricia Reynolds, Assistant Appellate Defender, and Keith […]

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