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iowa court of appeals

Division II - Termination-of-parental-rights and Child-in-need-of-assistance Appeals under Iowa Code Chapter 232 (§§ 6.201 — 6.206) Division III - Certified Questions of Law (§§ 6.301 — 6.306) Division IV - Abortion Notification Appeals (§§ 6.401 — 6.402) Division V - Other Proceedings (§§ 6.501 — 6.502to) After this initial term, which lasts for one year and then until December 31 following the next judicial election, the judge faces a yes-no retention election (occurring during the regularly scheduled general election) if he or she wishes to continue serving. Iowa Court of Appeals Decisions 2020. 2 In both cases, the appellate courts found no abuse of discretion in the denial of motions to continue. The Court holds its regular sessions in Des Moines in the Iowa Judicial Branch Building located at 1111 East Court Avenue on the state Capitol grounds just south of the Iowa State Capitol Heard by Bower, C.J., and Vaitheswaran and Greer, JJ. (12 pages). United States District Court for the Southern District of Iowa Appeals from these districts go to the 8th Circuit. by Rox Laird | December 3, 2020. A sixth judge was added in 1983. This is a difficult case for Alcor for many reasons. Iowa Court of Appeals Decisions 2019. P. 2.23(3)(d); State v. Court of Appeals of Iowa Cases. Schumacher fills the vacancy created by the retirement of Iowa Court of Appeals Chief Judge Gayle Nelson Vogel of Spirit Lake. United States District Court for the Northern District of Iowa; United States District Court for the Southern District of Iowa; Former federal courts of Iowa. by Rox Laird | December 3, 2020. Iowa Judicial Branch Building The four seats were up for retention election on November 3, 2020. He claims he received ineffective assistance of counsel. These courts may hear appeals from state courts and are also the point of origination for federal cases and lawsuits. Rebecca A. Nelson of Rawlings, Ellwanger, Jacobs, Mohrhauser & Nelson, L.L.P., Sioux City, for appellee. In Iowa, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction.These courts serve different purposes, which are outlined in the sections below. Appointments to the court are made by the governor from a list of nominees submitted by the State Judicial Nominating Commission. It reviews appeals from trial court decisions that have been transferred to the court of appeals by the supreme court. AFFIRMED. United States District Court - Northern District of Iowa. Appeal from the Iowa District Court for Polk County, Christopher Kemp, District Associate Judge. Appeal from the Iowa District Court for Scott County, Marlita A. Greve and Mark R. Fowler, Judges. IN THE COURT OF APPEALS OF IOWA No. (2 pages). An obscenity-laced Facebook post calling an apartment building owner a slumlord may have been vulgar and insulting, but it was not libelous, the Iowa Court of Appeals said in a decision handed down Nov. 30. If retained, a judge will serve a six-year term. Gerald Miller appeals his convictions for second-degree sexual abuse and assault with intent to commit sexual abuse causing bodily injury. Michael E. Gans, Clerk of Court. by Rox Laird | December 3, 2020. Iowa Court of Appeals: | The |Iowa Court of Appeals| is the intermediate-level |appellate court| of the state of |... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. This case arises from a boundary dispute between Betty Black and the Robert Jorgensen, Jr. Trust. The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. The Iowa Court of Appeals affirmed Wednesday a Scott County conviction for Deondra Thomas on one count of murder in the first degree and one count of felon in possession of a firearm. _____ Appeal from the Iowa District Court for Story County, Steven P. Van Marel (motion to suppress) and James B. Malloy (sentencing), District Associate Judges. _____ Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. United States Bankruptcy Court - Northern District of Iowa. 596 N.W.2d 67, 70 (Iowa 1999) (quoting Central Bearings Co. v. Wolverine Ins. IN THE COURT OF APPEALS OF IOWA No. Opinion by Blane, S.J. Appeal from the Iowa District Court for Scott County, Paul L. Macek, Judge. All Rights Reserved. Instead, the court reviews the written record of the trial court to determine whether any significant legal errors occurred. Iowa R. Crim. Opinion by Bower, C.J. In 1976 the legislature established the Iowa Court of Appeals as a five-member intermediate court of appeals. The majority of appeals filed in Iowa are decided by the Court of Appeals. Considered by Bower, C.J., May, J., and Danilson, S.J. 18-1928 Filed November 30, 2020 CALVIN NELSON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. AFFIRMED ON BOTH APPEALS. An obscenity-laced Facebook post calling an apartment building owner a slumlord may have been vulgar and insulting, but it was not libelous, the Iowa Court of Appeals said in a decision handed down Nov. 30. Rush over the summer questioned whether Iowa Supreme Court justices might have conflicts of interests in hearing his appeal. Iowa Court of Appeals. Des Moines, IA 50319 IN THE COURT OF APPEALS OF IOWA No. Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge. The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. Opinion by Gamble, S.J. Ct. for Scott Cty., 926 N.W.2d 519, 525 (Iowa 2019)). Iowa District Courts (8 districts) Federal courts located in Iowa. OPINION HOLDS: Miller failed to provide an adequate basis to challenge whether the jury pool represented a fair cross-section of persons in the community, and substantial evidence established Miller’s commission of sexual abuse in the second degree, so we affirm his conviction. Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge. 18-1928 Filed November 30, 2020 CALVIN NELSON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. On November 4, 2020, the Iowa Court of Appeals issued an opinion determining whether an assessor properly appraised a feed manufacturing facility’s machinery for property tax purposes. OPINION HOLDS: We affirm Davis’s conviction for first-degree murder. We remand Mahnesmith’s claims that (1) counsel was ineffective for failing to investigate potential defenses in AGCR0225566, (2) counsel was ineffective in failing to condition his plea on the court’s acceptance of the sentencing recommendation, and (3) his sentence was cruel and unusual punishment. AFFIRMED. law that could not have been raised within” Jandreau’s three-year limitation period. Facebook post was rude and insulting but not libelous, Iowa Court of Appeals rules. Judicial Branch Building and Courthouse Tours, State Court Administration Organizational Chart, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, COVID-19 Resources for Children's Justice, Submission of CLE Programs by CLE Sponsors, Complaint Against a Non-Lawyer Who is Practicing Law, Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, Judicial Branch Building Media Interviews. A sixth judge was added in 1983. Tammy M. Westhoff Gentry of Parrish, Kruidenier, Dunn, Boles, Gribble United States Court of Appeals for the Eighth Circuit Lavenski R. Smith, Chief Judge. A husband appeals, and a wife cross-appeals, certain economic provisions of the parties’ dissolution decree. Click a link for information about that court type. OPINION HOLDS: We affirm Sweatt’s judgment and sentence. Ms. Eger and her former husband Michael married in 1997 and had 2 sons. IOWA COURT OF APPEALS ORAL SUBMISSION – JANUARY 2021 VIDEOCONFERENCE ARGUMENTS The following arguments can be viewed at the Iowa Court of Appeals YouTube Channel Tuesday, January 12, 2021 – 1:00 p.m. Panel: Vaitheswaran-Doyle-Ahlers 19-0530 Concepcion v. State Christine Branstad and Nathan Olson-appellant Kevin Cmelik and Louis Sloven-appellee OPINION HOLDS: We determine trial counsel breached an essential duty in failing to raise the intoxication defense, but in other respects was not incompetent and Perry was not prejudiced by counsel’s conduct. Federal district courts The Iowa Court of Appeals is an intermediate appellate court. Welcome to FindLaw's searchable database of Court of Appeals of Iowa decisions since January 1997. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. We will need to wait for an appropriate case when the issue is properly raised and preserved before determining whether the after-the-fact-contempt method is acceptable, or whether some other method should be preferred. Date: December 11, 2002 Docket Number: 02 … A county board of adjustment appeals a district court decision reversing and remanding its grant of a conditional use permit for want of written findings. Flynn of Duncan, Green, Facebook post was rude and insulting but not libelous, Iowa Court of Appeals rules. IN THE COURT OF APPEALS OF IOWA No. AFFIRMED. The federal district courts in Iowa are: 1. Opinion by Greer, J. AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER. Opinion by Bower, C.J. FindLaw offers a free RSS feed for this court. The court of appeals proceedings do not involve witnesses, juries, new evidence, or court reporters. (515) 348-4700 (Clerk of Court). Considered by Tabor, P.J., Ahlers, J., and Gamble, S.J. There are two federal district courtsin Iowa. Opinion by Greer, J. (23 pages). Matthew Jandreau appeals the summary dismissal of his application for postconviction relief. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J. In 1999, three additional judges were added, making the Court of Appeals a nine-member court. A full term on the court is six years. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. Division II - Termination-of-parental-rights and Child-in-need-of-assistance Appeals under Iowa Code Chapter 232 (§§ 6.201 — 6.206) Division III - Certified Questions of Law (§§ 6.301 — 6.306) Division IV - Abortion Notification Appeals (§§ 6.401 — 6.402) Division V - Other Proceedings (§§ 6.501 — 6.502to) Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge. AFFIRMED. The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. Mandell Clark appeals from his guilty plea. Opinion by Gamble, S.J. Considered by Tabor, P.J., Greer, J., and Vogel, S.J. _____ Appeal from the Iowa District Court for Woodbury County, Todd A. Hensley, District Associate Judge. AFFIRMED. (9 pages) Jeffrey Simmermaker appeals the entry of summary judgment to the Cedar County Attorney in this action in which he alleged violations of his constitutional rights. Hugh J. Cain, Brent L. Hinders, and Eric M. Updegraff of Hopkins & Their stipulated divorce decree included shared legal custody and joint physical care of their children. AFFIRMED. A mother and father separately appeal the termination of their respective parental rights. Text Size: Decrease font size; Reset font size; ... Iowa Courts . We preserve his ineffective-assistance claim for possible postconviction-relief proceedings. A panel of the 8th U.S. 1111 East Court Avenue The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. The district court did not abuse its discretion with the sentence imposed. Special concurrence by Ahlers, J. Iowa Court of Appeals upholds the murder conviction of a Chickasaw County man KCRG Staff 11/6/2020 FDA promises no corners were cut in the quick OK of 1st U.S. COVID-19 vaccine . 19-0442 Filed August 19, 2020 STATE OF IOWA, Plaintiff-Appellee, vs. DANIEL ANTHONY HARDEN, Defendant-Appellant. OPINION HOLDS: We affirm the district court ruling finding the Jorgensen Trust to be the owner of the disputed area and dismissing Black’s trespass and damages claims. Iowa Supreme Court. The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal judiciary. As an appellate court, the Iowa Court of Appeals does not preside over trials. _____ Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. Welcome to FindLaw's searchable database of Court of Appeals of Iowa decisions since January 1997. AFFIRMED. The Court of Appeals panel will rule in the coming months. Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge. The terms of four Iowa Court of Appeals justices expired on December 31, 2020. Cases are browsable by date and searchable by docket number, case title, and full text. AFFIRMED. 19-0612 Filed January 9, 2020 IN RE THE MARRIAGE OF TRISHA ROSE WEIER AND NICHOLAS JEFFREY WEIER Upon the Petition of TRISHA ROSE WEIER, n/k/a TRISHA ROSE IVERSEN, Petitioner-Appellee, And Concerning NICHOLAS JEFFREY WEIER, Respondent-Appellant. _____ Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. IN THE COURT OF APPEALS OF IOWA No. IN THE COURT OF APPEALS OF IOWA No. Neil Evans appeals his conviction for operating while intoxicated, third or subsequent offense. We affirm his conviction. The court decides the vast majority of appeals filed from trial courts in the state of Iowa, and its decisions are final unless further review is granted by the Iowa Supreme Court. Considered by Bower, C.J., and May and Ahlers, JJ. Some opinions of the Iowa Court of Appeals are published and become precedent for subsequent cases. Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. The Iowa Court of Appeals is composed of nine judges. See Iowa R. App. A decision of the Iowa Court of Appeals is final unless reviewed by the Iowa Supreme Court on grant of further review. In 1976 the legislature established the Iowa Court of Appeals as a five-member intermediate court of appeals. Postconviction relief applicant appeals the district court denial of his application finding criminal trial counsel’s failure to raise an intoxication defense was reasonable trial strategy. Appeal from the Iowa District Court for Lucas County, Michael Jacobsen, Judge. Judges of the Iowa Court of Appeals are appointed by the governor for an initial one-year term from a list of nominees put together by the Iowa Judicial Nominating Commission. Opinion by Vaitheswaran, J. (7 pages). OPINION HOLDS:  We affirm. _____ Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge. Iowa Dist. An obscenity-laced Facebook post calling an apartment building owner a slumlord may have been vulgar and insulting, but it was not libelous, the Iowa Court of Appeals said in a decision handed down Nov. 30. Brent B. He asserts his counsel was ineffective by failing to exclude a witness’s testimony from the minutes of evidence after the witness did not comply with the deposition subpoena. It reviews appeals from trial court decisions that have been transferred to the court of appeals by the supreme court. (3 pages). The defendant appeals, and the plaintiffs cross-appeal, in a boundary by acquiescence case. IN THE COURT OF APPEALS OF IOWA No. 19-1787 Filed November 30, 2020 IN RE THE MARRIAGE OF ROBERT DEAN WOOD, JR. AND SARAH BETH WOOD Upon the Petition of ROBERT DEAN WOOD, JR., Petitioner-Appellant, And Concerning SARAH BETH WOOD, Respondent-Appellee. The district court was right to conclude this action is time-barred. All Rights Reserved. 19-0283 Filed August 19, 2020 STATE OF IOWA, Plaintiff-Appellee, vs. ALAN JAMES KUUTTILA, Defendant-Appellant. IN THE COURT OF APPEALS OF IOWA No. Iowa Court of Appeals upholds the murder conviction of a Chickasaw County man KCRG Staff 11/6/2020 FDA promises no corners were cut in the quick OK of 1st U.S. COVID-19 vaccine Circuit Court of Appeals rejected Gregory Stephen’s argument that his 180-year sentence was excessive because he did not kill or physically injure his victims. The Iowa Supreme Court is the highest court in the U.S. state of Iowa.As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices. Judicial Branch Building and Courthouse Tours, State Court Administration Organizational Chart, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, COVID-19 Resources for Children's Justice, Submission of CLE Programs by CLE Sponsors, Complaint Against a Non-Lawyer Who is Practicing Law, Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, Judicial Branch Building Media Interviews. Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge. Davis argues (1) there is insufficient evidence to establish his identity as the perpetrator of the killing; (2) the court was wrong to deny his request for a specific jury instruction on reasonable doubt; (3) the court was wrong to prohibit defense counsel from using “hesitate to act” language to describe reasonable doubt during the defense’s closing argument; (4) the court was wrong to urge the jury to reach a verdict after being told it was deadlocked rather than simply telling the jury to reread the jury instructions already given; (5) the court allowed the State to impermissibly shift the burden of proof to Davis; and (6) a nunc pro tunc order is needed to make the court’s written sentencing order conform with its oral statements at sentencing. Iowa Court of Appeals judges Thomas Bower, David May, Sharon Soorholtz-Greer and Julie Schumacher also were on the ballot this year, and all were retained by wide margins. (9 pages). We remand to the district court for the limited purpose of entry of a nunc pro tunc order removing the court-cost and attorney-fee obligations from the sentencing order. opr. AFFIRMED. Circuit Court of Appeals rejected Gregory Stephen’s argument that his 180-year sentence was excessive because he did not kill or physically injure his victims. Ethan Davis appeals from his conviction and sentence for murder in the first degree. I write separately in an effort to make clear that our ruling should not be viewed as an endorsement of the tie-breaking method used here, which was for the parent with physical care to make a unilateral decision that disregards the other parent’s objection followed by a contempt action to assess the decision in hindsight. Damerrius Todd appeals his conviction for sexual abuse in the third degree. 20-0563 Filed November 30, 2020 RICHARD BAUER, Individually and as Trustee for the KENDALL BAUER TRUST, Plaintiff-Appellant, vs. BRADLEY R. BRINKMAN, Defendant-Appellee. . AFFIRMED. Machinery must be used directly in manufacturing and a Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge. iowa courts Supreme Court Court of Appeals District Court Juvenile Court Career Opportunities FY 2021 Budget FY 2022 Budget Access to Justice Commission COVID … Ricky Mahnesmith appeals the summary dismissal of his postconviction-relief application, which sought relief related to his convictions in AGCR0225566 and FECR022424. Stephen, 45, worked with Iowa’s most promising youth players as a coach of the Iowa Barnstormers, which was sponsored by Adidas and competed nationally. P. 6.101(1)(b) (notice of appeal must be … Richard A. Davidson of Lane & Waterman, L.L.P., Davenport, for appellant. It is composed of nine judges and decides appeals from district courts across Iowa. Black seeks quiet title and damages relating to a disputed area where her property adjoins the Jorgensen Trust property. Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. The opinions published on Justia State Caselaw are sourced from individual state court sites.These court opinions may not be the official published versions, and you should check your local court rules before citing to them. United States District Court for the Northern District of Iowa 2. Appeal from the Iowa District Court for Mahaska County, Daniel P. Wilson, Judge. Appeal from the Iowa District Court for Appanoose County, Myron L. Gookin, Judge. FindLaw offers a free RSS feed for this court. 1 2 3 Next. (9 pages). In 1999, three additional judges were added, making the Court of Appeals a nine-member court. Heard by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Vogel, S.J. Opinion by Danilson, S.J. © 2021 Iowa Judicial Branch. Michael E. Gans, Clerk of Court. Green, Martin J. Kenworthy, and E.J. On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals … The mandatory retirement age in Iowa i… For the reasons provided, we affirm Miller’s convictions, and sentences. _____ Appeal from the Iowa District Court for Dallas County, Michael K. Jacobsen, Judge. The Iowa Court of Appeals is an intermediate appellate court. OPINION HOLDS: Finding no abuse of discretion, we affirm. Court of Appeals of Iowa Cases. United States Court of Appeals for the Eighth Circuit Lavenski R. Smith, Chief Judge. Therefore, his claim on appeal is waived, and we affirm his conviction and sentence. The Iowa Court of Appeals is the intermediate-level appellate court of the state of Iowa.Its purpose is to review appeals from trial court decisions which are referred to the court by the Iowa Supreme Court.The court decides the vast majority of appeals filed from trial courts in the state of Iowa, and its decisions are final unless further review is granted by the Iowa Supreme Court. Alcor says that cryonics consists of sophisticated procedures that should be started within minutes of legal death. Court, the appellate courts found no abuse of discretion in the first degree of...: I agree with the majority of Appeals on April 6, 2010 FECR022424 within the three-year statutory period Judge. To dismiss the child support modification application of Amy Eger former spouse, Rigdon. Merrill of Lubinus & Merrill, PLC, Des Moines, for appellant of a County! V. a panel of the Iowa District Court for Story County, Michael Jacobsen, Judge Supreme Court on of... 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LAJES NERVURADA – CÁLCULO, ANÁLISE, DIMENSIONAMENTO DE DETALHAMENTO. https://www.youtube.com/watch?v=HdgaUSFsq5M OBJETIVO: O objetivo desse curso é proporcionar ao aluno a teoria…
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