This writ is also called a "writ of covenant" and is sued out bythe party to whom ...
Supreme Court of Iowa Court Cases
In Re PL (2010)
Thomas J. Miller, Attorney General, Janet L. Hoffman, Katherine S. Miller-Todd, and Bruce Kempkes, Assistant Attorneys General, Patrick Jennings, County Attorney, and David Dawson, Assistant County Attorney, for appellee-State.
Court: Supreme Court of Iowa Docket: 09-1036
Meier v. SENECAUT III (2002)
In this interlocutory appeal, we find appellant failed to preserve error on one of the issues raised on appeal but further find the district court erred in failing to dismiss the petition based on a claim of abusive delay in service of process which was properly preserved for our review. We reverse the decision of the district court and remand the case for entry of an order of dismissal.
Court: Supreme Court of Iowa Docket: 00-0114
State v. Straw (2006)Cary Lee Straw appeals from the judgments and sentences entered by the district court following his guilty pleas to possession of a controlled substance, third offense, and driving while barred. Straw claims the district court erred by not substantially complying with the requirements of Iowa Rule of Criminal Procedure 2.8(2)(b). He also claims his counsel rendered ineffective assistance by failing to file a motion in arrest of judgment after the district court did not inform him of the maximum [...]
Court: Supreme Court of Iowa Docket: 04-0952
In Re CB (2000)
The State seeks further review of a decision by the court of appeals reversing an order by the juvenile court terminating a mother's parental rights. We vacate the decision of the court of appeals, and affirm the decision of the juvenile court.
Court: Supreme Court of Iowa Docket: 98-1719
Ledezma v. State (2001)In this postconviction relief action, we are asked to find ineffective assistance of counsel in the trial of a case which resulted in a conviction for first-degree kidnapping and second-degree sexual abuse. The claim of ineffective assistance of trial counsel is based upon a variety of allegations, including inadequate trial preparation and denial of right to testify. The district court found trial counsel was ineffective, but found no resulting prejudice. On our review, we find the claim of [...]
Court: Supreme Court of Iowa Docket: 99-1019
In Re Marriage of Winter (1974)
Both parties appeal provisions of a trial court decree in a dissolution proceeding. Respondent Earl George Winter appeals the child custody provisions, and petitioner Joan Irene Winter appeals the financial provisions. We affirm the decree on Earl's appeal and modify it on Joan's cross-appeal.
Court: Supreme Court of Iowa Docket: 2-57244
In Re Marriage of Hansen (2007)In this case, we review physical care and property issues related to the parties' dissolution of marriage. The district court granted joint legal custody and joint physical care of the two children to Lyle and Delores Hansen. The district court also distributed the property in the marital estate, ordered Lyle to pay alimony, and established child and medical support. Delores appealed. We transferred the case to the court of appeals. The court of appeals reversed the district court on the [...]
Court: Supreme Court of Iowa Docket: 06-0191
In Re JE (2006)
Due to a mother's neglect of her ten-year-old son, a juvenile court terminated her parental rights. The Iowa Court of Appeals reversed the juvenile court's decree. Because the child cannot be safely returned to his mother's care and because termination is in the child's best interests, we vacate the court of appeals' decision and affirm the decree of the juvenile court.
Court: Supreme Court of Iowa Docket: 06-0459
State v. Formaro (2002)This is an appeal by Robert Formaro from a judgment and sentence for burglary in the second degree. He contends the district court relied upon unprosecuted and unproven charges in imposing the sentence and abused its discretion by failing to suspend the sentence of incarceration or grant a deferred judgment. Formaro further claims the appeal bond set by the district court in the sentencing order was excessive, and the district court lacked jurisdiction to later increase the amount of the appeal [...]
Court: Supreme Court of Iowa Docket: 00-1082
State v. Robinson (1980)
The case arose out of an attempted robbery at Robert's Lounge in Des Moines, Iowa, at an early morning hour on July 19, 1978. Two armed, masked men entered the lounge, one from the front entrance and the other from the rear. A crowd of thirty to forty persons was present. The man who entered through the back door ordered everyone in the establishment to get down. An employee of the lounge then fired shots, and the two men fled.
Court: Supreme Court of Iowa Docket: 62842
State v. Graves (2003)The defendant, Deon Graves, claims he received ineffective representation by his attorney in Graves' prosecution for manufacturing and possessing marijuana. Graves asserts his counsel should have objected when the prosecutor asked the defendant whether a police officer had fabricated the incriminating statements the officer testified the defendant had made upon his arrest. Graves also contends his attorney should have objected during closing arguments when the prosecutor repeatedly accused [...]
Court: Supreme Court of Iowa Docket: 02-0358
State v. McKettrick (1992)Defendant Kenneth Raymond McKettrick appeals from the judgment and sentence entered by the district court after his conviction by a jury of assault with intent to commit serious injury, Iowa Code sections 708.1 and 708.2(1) (1989), assault causing bodily injury, Iowa Code sections 708.1 and 708.2(2), and escape, Iowa Code section 719.4(3). On this appeal, McKettrick contends that he was denied effective assistance of counsel because of his trial attorney's failure to object, on double jeopardy [...]
Court: Supreme Court of Iowa Docket: 90-1836
Marriage of Frederici (1983)The question here concerns the effect on custodial rights of an out-of-state move by a mother with physical care of her children under a joint custody decree. In this case the trial court modified the father's visitation rights but refused to award him physical care. Upon appeal, the court of appeals reversed the trial court, terminated joint custody and awarded sole custody of the children to the father. Upon further review, we vacate the decision of the court of appeals and affirm the trial [...]
Court: Supreme Court of Iowa Docket: 68656
In Re Marriage of Sullins (2006)Ray Sullins seeks further review of a decision by the court of appeals affirming the property-distribution and attorney-fee provisions of a district court decree for dissolution of marriage. He argues: (1) the division of a retirement account was inequitable, (2) the court did not properly consider his premarital retirement savings, (3) the division of the parties' other assets and liabilities was inequitable, (4) he should not have been ordered to pay attorney fees, and (5) the court should [...]
Court: Supreme Court of Iowa Docket: 04-0950
State v. Bruegger (2009)
In this case, we are confronted with a claim by a defendant convicted of statutory rape that a twenty-five-year prison sentence amounts to cruel and unusual punishment. His term of incarceration was substantially lengthened based upon a prior incident of sexual misconduct committed by the defendant as a juvenile. For the reasons expressed below, we vacate the sentencing order of the district court and remand for further proceedings.
Court: Supreme Court of Iowa Docket: 07-0352
In Interest of Dameron (1981)Under review here is the propriety of the Polk County Juvenile Court's order dismissing the State's petition to terminate the parental rights of Wallace Dameron, Jr., and Carol Lynn Dameron. The juvenile court concluded the State had failed to prove by clear and convincing evidence that the parent-child relationships should be terminated. The State, aggrieved by the order, appeals. Our examination of the underlying record convinces us that we must vacate the juvenile court's ruling and order [...]
Court: Supreme Court of Iowa Docket: 65773
State v. Turner (2001)
The defendant, Tyson Turner, challenges his conviction of the crime of felon in possession of a firearm. See Iowa Code § 724.26 (1997). He claims the court erred in admitting inculpatory statements he made prior to being given Miranda warnings. The State contends Miranda warnings were not required at the time Turner made the statements because Turner was not in custody and the statements were volunteered.
Court: Supreme Court of Iowa Docket: 99-1247
DeVoss v. State (2002)Jodi A. DeVoss appealed from a district court ruling denying her application for postconviction relief based on a claim of prosecutorial misconduct and a claim of ineffective assistance of counsel for failing to cross-examine the victim about the claimed misconduct. DeVoss also complained because the district court did not allow her to call the victim as a witness to establish the prosecutorial misconduct. We transferred the case to the court of appeals and that court affirmed. It did so on the [...]
Court: Supreme Court of Iowa Docket: 00-0633
In Re Marriage of Weidner (1983)Appellant Marvin Weidner (Marvin) appeals from several provisions of a dissolution decree under which appellee Betsy Weidner (Betsy) was granted sole custody of the parties' two children. The principal issue is whether the court should have provided for joint custody as requested by Marvin. Marvin also contends that if joint custody was not appropriate then he, rather than Betsy, should have received custody of the children. We first address the issue of child custody, then the economic and [...]
Court: Supreme Court of Iowa Docket: 69526
Schantz v. Schantz (1968)
Plaintiff-wife sought a divorce, and attendant redress, claiming cruel and inhuman treatment. Defendant-husband answered and counterclaimed for divorce, with other relief, asserting desertion. Following trial, plaintiff was granted a divorce with accompanying allowances, defendant's counterclaim dismissed and he appeals. We affirm.
Court: Supreme Court of Iowa Docket: 52961