77 results for 'judge:"Tabor"'.
J. Tabor finds that the parties' parental rights were properly terminated because the father physically abused the children, and the mother, who was homeless, suffered an untreated substance abuse problem. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 24, 2024, Case #: 24-0327, Categories: Family Law
J. Tabor finds that defendant was properly convicted of driving while barred after a police officer familiar with defendant confirmed that he had observed defendant driving without a license upon checking the computer system in the police vehicle. Defendant contends the certified abstract indicated he had zero "unserved sanctions," but the ambiguous notation had been rejected by the jury in light of "more certain" evidence that defendant's license had been barred. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0811, Categories: Evidence, Vehicle
J. Tabor finds that defendant was properly denied relief from his conviction for criminal mischief while using a dangerous weapon and other charges brought after he fled police pursuing him on an active warrant. A factual basis existed for his plea since defendant used his truck to ram police cars following the chase. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0431, Categories: Ineffective Assistance, Weapons, Plea
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J. Tabor finds that children were properly placed with the woman they viewed as their aunt against their mother's wishes because the mother had a history of substance abuse and domestic violence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-1552, Categories: Family Law
J. Tabor finds that defendant was properly convicted of attempted murder and other charges following a drive-by shooting based on evidence including a dash camera recording of statements defendant made when he called his sister while detained in a police cruiser for an outstanding warrant, of which the police became aware while responding to a single-vehicle crash. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 21-1893, Categories: Evidence, Murder
J. Tabor finds that a minimum mandatory sentence of life in prison with the possibility of parole in 50 years was properly imposed after defendant pleaded guilty to first-degree murder, which he committed at age 17, as the lower court performed a thorough analysis before handing down sentence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 22-2079, Categories: Juvenile Law, Murder, Sentencing
J. Tabor finds that defendant was properly convicted of second-degree murder after shooting a 16-year-old boy for taking his gun because video evidence proved defendant shot the victim in the back while he was running to flee from defendant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 22-1547, Categories: Evidence, Murder
J. Koester finds that a crisis counselor's wrongful termination claims were improperly dismissed since she sufficiently stated a claim by identifying the wage payment collection law when the employer terminated her for requesting overtime and discussing pay with fellow employees. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 23-0300, Categories: Employment
J. Tabor finds that the parties' parental rights were properly terminated since the child was extremely medically fragile and both parents had a history of methamphetamine use and domestic violence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 24-0068, Categories: Family Law
J. Tabor finds that a mother's parental rights were properly terminated since she used methamphetamine and allowed her children to be around her boyfriend, a registered sex offender. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 6, 2024, Case #: 23-2019, Categories: Family Law
J. Tabor finds that the parties' parental rights were properly terminated based on long-standing substance abuse issues and because they could not care for their children, who suffered significant developmental delays. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 21, 2024, Case #: 23-1930, Categories: Family Law
J. Borchers finds that defendant was improperly convicted of introducing a controlled substance into a jail. Law enforcement, rather than defendant, brought defendant's backpack containing drugs into the jail; therefore, evidence did not support his conviction. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 7, 2024, Case #: 22-1454, Categories: Drug Offender, Evidence
J. Tabor finds that defendant was properly denied postconviction relief after being convicted of robbery for holding up a Pizza Hut. His former co-workers recognized him and overwhelming evidence of the crime was found in defendant's car; therefore, counsel's recommendation that he waive a jury trial was an appropriate strategy. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 7, 2024, Case #: 22-1885, Categories: Evidence, Ineffective Assistance, Robbery
J. Tabor finds that a mother's parental rights were properly terminated since she failed to address substance abuse and mental health issues and her children experienced mental breakdowns while in her care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 23-1686, Categories: Family Law
J. Tabor finds that a retailer breached a non-compete agreement after she helped a competitor sell clothing because she admitted that she bought inventory and passed invoices to the competitor in violation of her employment contract. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1807, Categories: Employment, Contract
J. Tabor finds that defendant was properly denied relief from his conviction for operating a motor vehicle without the owner’s consent because defendant failed to prove counsel breached an essential duty by allowing him to plead guilty to the lesser offense since doing so allowed him to avoid a theft conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1099, Categories: Ineffective Assistance, Theft, Plea
J. Tabor finds that defendant was properly convicted of first-degree murder after shooting a police officer. Officers did not use excessive force in attempting to detain defendant, and he knowingly and willfully shot and killed a sergeant while police attempted to enter his home in an act that did not constitute self defense. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 10, 2024, Case #: 22-1103, Categories: Evidence, Murder, Self Defense
J. Tabor finds that the mother was properly awarded physical care of the children in a dissolution. The father assaulted the children in front of their mother and tested positive for drugs for which he did not have a prescription. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 10, 2024, Case #: 23-0791, Categories: Family Law