Randy Blanchard appeals from judgment, convictions, and sentences for first-degree murder, in violation of Iowa Code section 707.2(5) (2007), and child endangerment resulting in death, in violation of section 726.6(4). He challenges the sufficiency of the evidence. He also argues that based upon Heemstra principles, the murder conviction cannot stand. We affirm... I. Background... Aliya was born by caesarean delivery to Annette E. on January 30, 2008. Her father was Randy Blanchard. Aliya came...  

I. Background Facts and Proceedings... On December 19, 2008, Vincent Dowdell stopped his vehicle at a stop sign with his blinker on. With his blinker still on, Dowdell proceeded straight through the stop sign. State Trooper Keith Duenow was in the area and noticed Dowdell. He testified that he could smell antifreeze burning and saw smoke coming out of the back of Dowdell's car. Duenow stopped Dowdell, the registered owner, the driver, and the only person in the car... Duenow asked for Dowdell's...  

I. Background Facts and Proceedings... Gregory and Tamara were married in 1984. Tamara filed a petition for dissolution of marriage in July 2007. On the morning of the scheduled trial, the parties reached an agreement regarding the division of marital assets. On February 15, 2008, the district court entered a decree of dissolution, which adopted the parties' stipulation. As part of the property settlement, Gregory was ordered to pay $127,000 to Tamara within sixty days of the decree being...  

Marvin and Ana Smith appeal the grant of summary judgment for defendant State Farm Fire & Casualty Insurance Company (State Farm). They assert the district court erred in finding they were barred by the one-year limitation period contained in the State Farm policy for filing a suit. We affirm... I. Background Facts and Proceedings... On the morning of July 16, 2006, the Smiths reported their 2000 Mercury Mountaineer stolen. They reported that it was last seen in their driveway at approximately...  

James Craft appeals the district court's orders dismissing his application to hold Julie Craft now known as Julie Stueve in contempt and modifying his visitation. We affirm... I. Background Facts and Proceedings... When James and Julie's marriage was dissolved by stipulated decree in December 2002, Julie was given physical care of their daughters, Kaitlyn, age eight, and Kimberly, age four. Visitation for James was set for every other weekend, a three-hour, mid-week visitation on Wednesday...  

This case arises from the sale of an 1880s farmhouse with a leaky basement. The buyers of the house, Randall and Cheryl Lowe, appeal from a district court ruling on their claims alleging the sellers, Jimmie and Diana Myers, failed to fully disclose certain problems with the house. We affirm the judgment of the district court... I. Background Facts and Proceedings... During a torrential downpour in May 2004, the Lowes were sitting in the living room of the house they purchased from the Myers in...  

Raquel "Rocky" Chipokas appeals from the custodial and alimony provisions of the decree dissolving her marriage to Mark Chipokas. She contends the court erred in granting them shared care of their children and not awarding her their physical care. Rocky further asserts error for the court's refusal to award her spousal support. Both parties request an award of their appellate attorney fees. We affirm... I. Background Facts and Proceedings... Rocky and Mark were married in their...  

Lora Myott appeals from the district court's order granting Thomas McKee physical care of their son. She contends that she should have been granted physical care and challenges the calculation of child support. We affirm... I. Background Facts and Proceedings... Lora and Thomas met in 1983 and had an on-again, off-again relationship for several years, but never married. The parties ended their romantic relationship prior to July 1994, when their second son, Austin, was born. After his birth,...  

Marquette Walterman appeals from the district court order of November 13, 2007, denying his motion to reconsider (considered as a motion to quash) child support order entered April 20, 2006... On October 24, 2007, Walterman filed a "Motion for Reconsideration to Hold in Abeyance Child Support Because of Extreme Hardship and Below Poverty Level." He asked that his child support obligation await payment until he would be "released from federal custody and is able to proceed with said...  

Kenneth Heard appeals his conviction and sentence for first-degree murder. He claims the district court erred in denying his motion for new trial and imposing surcharges as part of his sentence. He additionally claims his trial counsel was ineffective in several respects. We affirm Heard's conviction and sentence and preserve all but one of his ineffective-assistance-of-counsel claims for postconviction relief proceedings... I. Background Facts and Proceedings... On the morning of December 13,...  

I. Background Fact & Proceedings... In December 2005, Hana Hassan purchased a GMC Envoy. She financed the purchase through the University of Iowa Community Credit Union. Documents at the time of the purchase show Hassan's address as 1711 A Ave. Northeast, Cedar Rapids. Roger McMorris, who was the boyfriend of Hassan's friend Inaam Al-Yasiri, co-signed a credit application and motor vehicle purchase agreement. In order to qualify for financing through the credit union, Hassan opened a savings...  

Mark Eckles appeals the revocation of his driver's license for operating a motor vehicle while intoxicated. He contends the district court should have allowed him to introduce additional evidence... I. Background Facts and Proceedings... Early one morning, at approximately 1:50 a.m., Oskaloosa police officers responded to a complaint that a vehicle's headlights were pointed at a trailer home and it appeared the vehicle was attempting to ram into the side of the home. The officers went to an...  

I. Background Facts & Proceedings... On March 24, 2009, Lewis Michaloff was involved in a motor vehicle accident. He suffered several lacerations on his face and head, bruising, and he lost control of his bowels. At the hospital, deputy Doug Glenn of the Polk County Sheriff's Department noticed Michaloff smelled of an alcoholic beverage and had slurred speech... Deputy Glenn read the Implied Consent Advisory to Michaloff. Deputy Glenn testified it would have been very difficult, if not...  

Stephen E. Sparks, M.D., appeals the district court's dismissal of his petition against the Iowa Board of Medicine (Board). The district court's decision rested on its finding that Sparks had not exhausted his administrative remedies under Iowa Code section 17A.19(1) (2009). We review jurisdictional challenges of an administrative proceeding before the district court for corrections of errors at law. Shors v. Johnson, 581 N.W.2d 648, 650 (Iowa 1998)... The Board sent a "formal investigative...  

The issue in this unemployment insurance benefits case is whether Judy Determann voluntarily quit her employment or was terminated by her employer. The district court found the record inadequate due to "at least five locations in the transcript that are stated as being inaudible." Accordingly, the district court remanded to the agency for further proceedings. The employer and the Employment Appeal Board appeal arguing the record is sufficient to decide the matter... We affirm pursuant...  

Thomas and Renee Kersey were married in November 1998 and separated in March 2009. This was Thomas's second marriage and Renee's third. At the time of trial, Renee was forty-nine and Thomas was fifty-five. They each have two adult children from prior relationships whose welfare is not affected by the dissolution... Thomas is a truck driver employed by Liberty Tire Recycling. He works sixty hours per week and is paid $17.55 per hour for eighty hours every two weeks and $26.325 per hour for forty...  

Lamont Butler appeals his conviction and sentence for second-degree burglary. He contends his trial counsel was ineffective for failing to object to improper hearsay evidence. We affirm... I. Background Facts and Proceedings... In September 2008, Lamont Butler was charged with second-degree burglary for the burglary of Cynthia Kirk's home. A jury trial was held on April 13, 2009. The following testimony was presented at trial:... Kirk awoke in the early morning of August 9, 2008, to find an...  

Danielle Casey appeals her conviction and sentence for operating while intoxicated (OWI), first offense, in violation of Iowa Code section 321J.2 (2007). Casey contends the district court erred in denying her motion to suppress and finding the arresting officer had reasonable grounds to stop her vehicle. We reverse and remand... I. Background Facts and Proceedings... At around 2:45 a.m. on November 19, 2007, Algona Police Officer Kendall Pals was parked in his patrol car in a residential area...  

I. Background Facts & Proceedings... On Saturday, March 21, 2009, a citizen informant, who gave her name and telephone number, reported a green Chevrolet pickup traveling west on Highway 20 and gave the vehicle's license number. The citizen informant was on the telephone with the dispatch center for about seven minutes and reported the pickup was "all over the road," "he almost ran into us," and the vehicle "kept going off the shoulder of the road." The citizen informant...  

An Ames police officer found Michael Patrick Wiezorek asleep in the driver's seat of his vehicle in the early morning hours of April 4, 2009. The vehicle was parked in a lot, but the engine was running. The officer determined Wiezorek had been drinking and arrested him. Following a jury trial, Wiezorek was convicted of operating while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2 (2009). Wiezorek now appeals. He contends the district court erred in preventing his...