After a jury found Francisco Escobedo to be a "sexually violent predator" (SVP), as defined in Iowa Code section 229A.2(11) (2005), the district court committed him to the custody of the department of human services as required by section 229A.7(5). On appeal, Escobedo asserts numerous claims of error, each of which is governed by similar recent cases... Escobedo first claims his rights to due process and equal protection were violated by the provision in Iowa Code section 229A.7(4)...  

After a jury found Scott Bennett to be a "sexually violent predator" (SVP), as defined in Iowa Code section 229A.2(11) (2005), the district court committed him to the custody of the department of human services as required by section 229A.7(5). Bennett appeals and raises several claims of error. On our review, we find the claims were either not preserved or were rejected by other decisions of this court decided during the pendency of this action. We affirm the decision of the district...  

This case involves an appeal of a decision of the district court affirming an award of workers' compensation benefits to a former employee. The employer claims that the workers' compensation commissioner erroneously determined that the claim was timely, that the employer was not entitled to credit for medical expenses paid through COBRA, and that the employer was required to repay medical benefits paid by the employee's private insurer. After a divided court of appeals sitting en banc affirmed...  

This case came before the district court on the father's petition for a determination of paternity and custody. Because paternity was not disputed, the district court promptly adjudged the father, Jeremy Rhyan, to be the actual and legal father of the minor child, Olivia Paschke. The custody issue was, however, vigorously disputed. Rhyan requested joint legal custody with primary physical care awarded to him, while the mother, Kellie Paschke, sought sole legal custody of Olivia with only...  

In this appeal from a district court decision that affirmed a finding by the Iowa Department of Inspections and Appeals (DIA) that a caretaker committed dependent adult abuse, we must decide under our standard of review whether DIA erred in concluding the conduct of the caretaker constituted sexual exploitation of a dependent adult. We agree with the conclusion of the district court and affirm the district court order... I. Background Facts and Proceedings... Anisa Smith was employed as a...  

Cynthia Converse appeals from a district court ruling granting summary judgment in favor of Hills Bank & Trust Company (Hills Bank), David Moore, and John Moore and denying her motion for summary judgment. We affirm in part, reverse in part, and remand for further proceedings... I. BACKGROUND FACTS AND PROCEEDINGS... The summary judgment record reveals the following undisputed facts. On November 14, 1996, David Moore and Lewis Converse, individually and on behalf of Daverse, Inc., d/b/a The...  

I. Background Facts & Proceedings... J.B. has a history of mental health problems and has been adjudicated to be seriously mentally impaired under Iowa Code chapter 229 (2005). She has been involuntarily committed to a mental health institute (MHI) in Iowa.1 The MHI did not recommend continued placement at that facility, however, due to the level of care required for J.B. The MHI staff physician recommended that J.B. be placed at Brookhaven Hospital in Tulsa, Oklahoma, because it was believed...  

Jeanette Dodd appeals from a decision on judicial review upholding the workers' compensation commissioner's denial of her disability claim... I. Background Facts and Prior Proceedings... Since 1960 Dodd has held numerous jobs ranging from a dishwasher, to a waitress, elderly care provider, installer, and a painter. In 1994 she began working at Fleetguard, Inc. as an assembler. On April 10, 2001, she went to her family doctor, Dr. Dennis Colby, and complained of swelling in her right shoulder....  

This case was originally filed on June 25, 2008. Subsequent to that filing, the respondent-appellant filed a petition for rehearing pursuant to Iowa Rule of Appellate Procedure 6.28. This court granted the petition in order to give the case further consideration on those matters raised. The decision filed June 25, 2008, is vacated and the following decision is now filed of record... Debbie Avery appeals the district court's ruling in her dissolution proceeding. She claims the district court...  

Kurt Alexander appeals from the property division and spousal support provisions of the decree dissolving the parties' marriage and from the district court's denial of his motion for new trial. We affirm the judgment of the district court as modified... I. BACKGROUND FACTS AND PROCEEDINGS... Kurt and Lisa Alexander were married in 1988. No children were born during their marriage. Kurt filed a petition for dissolution of marriage in June 2005. The petition came before the court for trial in...  

I. Background Facts & Proceedings... Clifford Hughes, under the on-line name of "lostit18," initiated a conversation with "Mariah" in an on-line chat room on July 19, 2006. Hughes was fifty-five years old, residing in Postville, Iowa. "Mariah" stated she was a twelve-year-old female from Iowa. She was, in fact, an undercover police officer... Hughes quickly turned the conversation to one with a sexual content. He sent "Mariah" a picture of his penis and asked...  

A Waterloo postal carrier filed an action against a dog's caretaker, alleging she was negligent in the "handling of a dangerous animal" and, by reason of the negligence, he "suffered serious injuries and damages." A jury returned a verdict in favor of the defendant. On appeal, the postal carrier challenges the district court's (1) refusal to instruct the jury on two theories and (2) exclusion of certain evidence... I. Background Facts and Proceedings... Kathleen Spees loved...  

Gada Hamoda appeals from the custody provisions of the decree dissolving her marriage to Saadildin Shakshak. She claims the court should have granted her sole legal custody of the parties' two children due to Saadildin's history of domestic abuse. She also asserts the court erred in refusing to take judicial notice of a criminal file in which Saadildin plead guilty to assault causing injury. We conclude that, due to Saadildin's history of domestic abuse, Gada should have been awarded sole legal...  

An insurer appeals a judgment entered on a workers' compensation award. As the judgment is inconsistent with recent precedent on the issue, we reverse and remand... I. Background Facts and Proceedings... Clifford Ayers injured his knee while working for D & N Fence Co., Inc. He petitioned for workers' compensation benefits. In pertinent part, the workers' compensation commissioner ordered "that defendants pay all of claimant's expenses under section 85.27 associated with a knee injury and...  

An injured employee appeals from the district court's ruling on judicial review reversing the workers' compensation commissioner's award of temporary partial disability and industrial disability benefits. The district court's ruling on judicial review is reversed, and the decision of the workers' compensation commissioner is affirmed in part, reversed in part, and remanded with instructions... I. Background Facts and Proceedings... Judy Cecil was employed by Employers Mutual Insurance Companies...  

Rodney Whitmore appeals from the decree dissolving his marriage to Stephanie Whitmore. Rodney contends that he and Stephanie should have been granted joint physical care of their daughter. We affirm... Rodney and Stephanie were married in June 2002. Their marriage resulted in one child: Sadie, born in July 2003. In September 2006, Stephanie filed a petition for dissolution of marriage. Subsequently, Rodney moved out of the family home. During the pending litigation, the parties agreed Sadie...  

I. Background Facts & Proceedings... On November 19, 2003, Raymond Miller and Rebecca Miller, husband and wife, were stopped at a red light near Harrah's Council Bluffs Casino, when their vehicle was struck in the rear by a vehicle driven by Ronald Shellberg, an employee of Harrah's Casino, during the course of his employment. The Millers filed suit against Shellberg and Harrah's Casino, alleging they were injured during the accident. Defendants admitted negligence, but disputed that their...  

Jacobson Trucking Company (Jacobson) and its insurance carrier, Liberty Mutual Insurance, appeal from the ruling on judicial review affirming the award of workers' compensation benefits to Russell Harris. We affirm in part and reverse in part... Background Facts and Proceedings... Harris, who was born in 1951, began working as an over-the-road truck driver for Jacobson in April of 2003. Prior to that time, his work history had mainly consisted of truck driving, heavy labor, maintenance, and...  

Alf Clark appeals from the district court's dismissal of his application for postconviction relief. We affirm... In 2000, a jury found Clark guilty of attempted murder and terrorism with intent and the district court sentenced Clark to concurrent terms of twenty-five and ten years in prison. Clark appealed and this court affirmed his convictions. State v. Clark, No. 00-1317 (Iowa Ct. App. Feb. 20, 2002). After his direct appeal, Clark filed an application for postconviction relief. Following a...  

Alfred Lucius appeals his judgment and sentence for first-degree robbery. Iowa Code §§ 711.1,... 2 (2005). He argues his trial attorney was ineffective in failing to move for judgment of acquittal on the ground that a BB gun is not a dangerous weapon. We agree with Lucius that this issue requires reversal... I. Background Facts and Proceedings... After Benjamin O'Malley and Walter Link finished their shifts at a bar and grill in Dubuque, they decided to buy some marijuana. As they...