A mother appeals from the judgment and sentence entered upon her conviction for child endangerment. We are asked to decide whether Iowa's child endangerment statute, which defines child endangerment to include a parent with custody or control over a child cohabiting with a known sex offender, violates the Due Process Clauses and the Equal Protection Clauses of the United States and Iowa Constitutions. We conclude error was not preserved on the due process claim. As for the equal protection...  

The State appeals the district court's ruling, in which the court refused to impose the special sentence provisions of Iowa Code section 903B.2 (Supp. 2005) on Raymond Scott Baines, who had been convicted of one count of indecent exposure under chapter 709 and one count of indecent exposure in violation of an Iowa City ordinance. The district court found the sentencing statute was "illegal and unconstitutional." In this case, the court is asked to decide whether the special sentencing...  

The State appeals the district court's ruling, in which the court refused to impose the special sentence provisions of Iowa Code section 903B.2 (Supp. 2005) on Kelly Lee Wade, who had been convicted of indecent exposure under chapter 709. The district court found the statute was "illegal and unconstitutional." In this case, the court is asked to decide whether the special sentencing provisions of Iowa Code section 903B.2 violate the United States Constitution's prohibition against cruel...  

Kevin Rex was convicted of second-degree theft after a jury trial in which the State produced evidence Rex received money from a $7000 check he deposited at a Bank of America branch, knowing the check would not be paid when presented by the bank. Rex appealed and now seeks further review of an Iowa Court of Appeals decision affirming his conviction... The court of appeals concluded the evidence was sufficient, and the defendant's conviction was not against the weight of the evidence. The court...  

Anthony Cole appeals from judgment entered upon his convictions for attempted murder, assault, willful injury causing serious injury, two counts of reckless use of a firearm causing serious injury, and felon in possession of a firearm. He contends the trial court erred: (1) in denying the defendant's motion for a mental health expert of his choosing; (2) in granting the Waterloo Courier's motion to quash the testimony of a reporter and otherwise presenting evidence of a prosecutor's...  

Arnita Westphal appeals from a jury trial award of damages in favor of Joseph and Sarah Trumm on their breach-of-contract claim. She argues: (1) the district court erred in allowing evidence of an oral lease agreement in violation of the statute of frauds; (2) the jury's finding that an oral lease existed was not supported by clear and convincing evidence; (3) the district court erred in allowing testimony of the Trumms' lost revenue; (4) the district court erred in denying her motion for a new...  

Donald Koss appeals from the district court's denial of his motion for new trial following a jury verdict in favor of Iowa, Chicago & Eastern Railroad Corporation (IC&E) on his negligence and strict liability claims. He contends new trial is warranted on the basis of (1) newly discovered evidence, (2) erroneous admission and exclusion of evidence, (3) error in the jury instructions, and (4) the verdict not being supported by the evidence. We affirm... I. Background Facts and Proceedings......  

The State was granted discretionary review of the district court's grant of the defendant's motion to suppress statements he made during an interview with law enforcement officers. We reverse and remand... I. BACKGROUND FACTS AND PROCEEDINGS... In July 2006, the Sioux City Police Department received a report of improper touching between the defendant, Luis Fernando Ortiz, and a young girl. Because Ortiz's address was unknown, Detective Ryan Bertrand asked the child's mother to arrange for Ortiz...  

William L. Buckholtz and Ronald Haase sued a union and its president-elect for breach of contract, tortious interference with contract, and violation of Iowa's wage payment law. The court concluded that the breach of contract and tortious interference claims were preempted by federal law. Finding no error in this conclusion, we affirm... I. Background Facts and Proceedings... United Food and Commercial Workers Local 1142, AFL-CIO is a labor organization representing production workers at three...  

Bernadette Clausen appeals from the district court's denial of her motion for new trial following a jury verdict in a negligence action, which arose from a motor vehicle accident. She asserts that the district court erred in instructing the jury and the verdict was inconsistent and inadequate. We review for corrections of errors at law. Olson v. Sumpter, 728 N.W.2d 844, 848 (Iowa 2007)... We find that the district court did not err in instructing the jury as to instruction number ten, which was...  

Daryl Haugen began working for John Deere in 1972. Prior to 2003, he had no permanent work restrictions. In 2004, Haugen filed several workers' compensation petitions alleging work-related injuries to his right long finger, cervical spine, left shoulder, bilateral upper extremities, and a mental injury or depression. Following a hearing on the consolidated proceedings, a deputy commissioner issued an arbitration decision concluding Haugen had shown that his cervical and right long finger...  

DFCA, Inc. appeals from the district court order affirming the Scott County Board of Review's classification of ten acres of real estate as commercial. DFCA, Inc. seeks to have the property classified as agricultural for tax purposes, arguing the property in question is currently being used in good faith for agricultural activities. Our review is de novo. Iowa R. App. P. 6.4... DFCA, Inc. purchased the property in question in May of 2000 for $950,000 with the intention of building a muffler...  

Cynthia Martin was injured while employed by General Mills in July of 2000 and she later filed a workers' compensation petition. The workers' compensation commissioner found Martin was permanently and totally disabled and ordered General Mills to pay a $50,000 penalty for its failure to pay benefits on Martin's depression claim. On judicial review, the district court affirmed the award of permanent total disability, but reversed the penalty benefits award... Martin appeals, claiming the...  

Joan appeals the physical care provisions of the district court's decree dissolving her marriage to Ronald. She contends the court erred in not placing "primary physical care"1 of the parties' daughter with her and instead granting Ronald's request for joint physical care. Upon our review, we affirm... I. Background Facts and Proceedings... Joan and Ronald were married in August 2003. At the time Joan was twenty-six years of age and Ronald was forty-six. This was Joan's first marriage...  

The defendants appeal following the district court's ruling enforcing a settlement agreement, which entered a judgment by confession in favor of the plaintiffs. Asserting ambiguity of the settlement agreement, the defendants claim the court erred in failing to grant an evidentiary hearing to resolve the disposition of inventory. The district court found no ambiguity and denied defendants' motion to enlarge. As we agree with the court's fact-finding, reasoning and application of the law, we...  

Jacob A. Denger appeals the district court order determining his child support, accrued support, and medical support obligations for his minor child, Jaden. He claims the court erred in calculating his child support obligation, and in establishing his child support arrearage and medical support obligation. We affirm... This case began in July 2007 as an administrative action against Jacob to establish his obligation to provide support for Jaden. A "Notice of Support Debt—Chapter...  

Kimberly Aus appeals a district court order modifying her ex-husband's child support obligation. We affirm in part, reverse in part and remand... I. Background Facts and Proceedings... Kimberly and Paul Plunkett married in 1989 and divorced in 1997. Paul was ordered to pay Kimberly $106.51 per month in child support for their two minor children. Four years later, Paul's child support obligation was increased to $577.04... In 2005, Kimberly again applied to modify Paul's child support...  

The Iowa Department of Transportation (DOT) appeals from the ruling on judicial review reversing Boniface Schulz's license revocation. We reverse... Background Facts and Proceedings... After refusing a preliminary breath test on January 27, 2007, Boniface Schulz was arrested on suspicion of operating while intoxicated. Upon arriving at police headquarters, Officer Jason Chopard read Schulz the implied consent advisory and made a written request for a chemical test of Schulz's breath. Schulz...  

Heather Ransom appeals the physical care provisions of the district court's decree dissolving her marriage to Robert Ransom. She claims the court erred in granting Robert's request for joint physical care of their child instead of placing responsibility for her physical care with Heather. We affirm as modified and remand... I. BACKGROUND FACTS AND PROCEEDINGS... Heather and Robert were married in August 2000. They have one child together, Addison, born in January 2004. The parties separated in...  

Paul Garman appeals the alimony and property division provisions of the decree dissolving his marriage to Debra Garman. We affirm the judgment of the district court as modified... I. BACKGROUND FACTS... The parties were married in July 1993 when Debra was thirty-six years of age and Paul was thirty-nine. No children were born to their marriage. Debra filed a petition for dissolution of marriage in June 2007. Trial was held in late December 2007... At the time of trial Debra was just short of...