Court of Appeals Opinions

               Appeal from the Iowa District Court for Polk County, The Honorable Scott D. Rosenberg, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (15 pages)

               Defendant appeals his convictions of first-degree murder and two counts of first-degree burglary, asserting a lack of substantial evidence to support the convictions. OPINION HOLDS: Upon review, we affirm.

               Appeal from the Iowa District Court for Polk County, The Honorable Paul D. Scott, Judge. APPEAL DISMISSED. Considered without oral argument by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Greer, P.J. (4 pages)

               A defendant appeals the denial of a motion in arrest of judgment after a guilty plea, arguing the legislature violated ex post facto principles when it eliminated the lookback period for prior offenses of domestic abuse assault under Iowa Code section 708.2A in determining if a violation is a second or subsequent offense.  OPINION HOLDS: We do not have jurisdiction to hear this appeal because the defendant failed to preserve error on his ex-post-facto claim.

            Appeal from the Iowa District Court for Black Hawk County, The Honorable Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ. Opinion by Badding, J.  (3 pages)

            Jon Zimmerman appeals the sentence imposed after his guilty plea for failing to comply with the sex offender registry, second offense.  OPINION HOLDS: Because the district court did not impose an illegal sentence when it sentenced Zimmerman to prison but suspended the applicable fine and surcharge, we affirm.

               Appeal from the Iowa District Court for Polk County, The Honorable Jeanie K. Vaudt, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ. Opinion by Langholz, J. (9 pages)

               Jamie Wilson appeals the district court order modifying the physical-care provision of the decree dissolving his marriage with Katie Wilson. He argues that there has not been a substantial change in circumstances and that the children’s best interests are served by continuing joint physical care rather than placement in Katie’s physical care. And Katie seeks an award of appellate attorney fees. OPINION HOLDS: On our de novo review, giving due deference to the district court in this close case, we affirm. We find Jamie’s OWI conviction—and its impact on Jamie and Katie’s ability to effectively coparent because of his concealment of it—qualifies as a substantial change in circumstances warranting modification. We also agree that the modification is in the children’s best interests. And given the relative closeness of the merits and the parties’ respective abilities to pay, we decline Katie’s request for appellate attorney fees.

              Appeal from the Iowa District Court for Polk County, The Honorable Karen Romano and The Honorable Christopher Kemp, Judges. AFFIRMED. Considered without oral argument by Ahlers, P.J., Chicchelly, J., and Bower, S.J. Opinion by Bower, S.J. (7 pages)

              Rodney Borushaski appeals from the district court’s denial of his second application for postconviction relief. OPINION HOLDS: Upon our review, we affirm.

               Appeal from the Iowa District Court for Des Moines County, The Honorable Jennifer S. Bailey, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ. Opinion by Langholz, J. (3 pages)

               Michael Dunn appeals his sentence for possession of marijuana, challenging only the notice of firearm prohibition issued under Iowa Code section 724.31A (2024). He argues that his conviction does not prohibit him from shipping, transporting, possessing, or receiving a firearm under federal law and that imposing such a prohibition would violate the state and federal constitutions. OPINION HOLDS: Because the notice of firearm prohibition does not have any independent force and merely informs Dunn that he is subject to other statutory provisions, it is not a term of Dunn’s sentence properly before us on direct appeal. We thus affirm Dunn’s sentence without reaching the merits of his challenge to the notice of firearm prohibition.

            Appeal from the Iowa District Court for Jasper County, The Honorable Steven J. Holwerda, Judge. CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered without oral argument by Chicchelly, P.J., Langholz, J., and Bower, S.J.  Opinion by Chicchelly, P.J.  (7 pages)

            Cody Minenga appeals his convictions and sentences for operating while under the influence and carrying weapons while intoxicated.  On appeal he argues (1) there was insufficient evidence to support his convictions, and (2) the sentencing court abused its discretion by considering his criminal history and by failing to give reasons for running Minenga’s sentences consecutively.  OPINION HOLDS: Upon our review, we affirm Minenga’s convictions, but we vacate his sentences and remand for resentencing. 

              Appeal from the Iowa District Court for Allamakee County, The Honorable Laura Parrish, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., Buller, J., and Bower, S.J. Opinion by Bower, S.J. Dissent by Tabor, C.J. (15 pages)

              A defendant appeals his conviction for operating while intoxicated (OWI), challenging the denial of his motion to suppress, and questioning the voluntariness of his consent to a blood sample test. OPINION HOLDS: Because the voluntariness of consent fell within constitutional parameters, we affirm. DISSENT ASSERTS: I respectfully dissent.  I would find that Melcher preserved error on his constitutional claim.  And the State concedes that under recent case law Melcher’s blood test should be suppressed.  We should reverse the suppression ruling and remand for further proceedings.

              Appeal from the Iowa District Court for Polk County, The Honorable Lawrence McLellan, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., Badding, J., and Telleen, S.J. Opinion by Tabor, C.J. (8 pages)

              An unhoused individual challenges his convictions for failing to register as a sex offender and providing false information to the sex offender registry. He contends that the State failed to offer sufficient proof that he did not pitch his tent under the Grand Avenue bridge in West Des Moines, as he told authorities. OPINION HOLDS: Viewing the evidence in the light most favorable to the district court’s verdicts, we find substantial evidence to support the convictions.

               Appeal from the Iowa District Court for Story County, The Honorable John R. Flynn, Judge. AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (3 pages)

               Montrell McClellan appeals the district court’s denial of his application for postconviction relief, alleging a claim of ineffective assistance of counsel.  OPINION HOLDS: Because we reach the same conclusions as the district court on our de novo review of the record, we affirm by memorandum opinion.

               Appeal from the Iowa District Court for Polk County, The Honorable Scott D. Rosenberg, Judge.  AFFIRMED.  Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Opinion by Badding, J.  (11 pages)

               Retired state trooper Matthew Eimers appeals the district court’s post-trial order vacating the jury’s $6,144 award and dismissing Eimers’ wage-collection suit because of his failure to exhaust the grievance procedure under his collective bargaining agreement.  On appeal, Eimers argues his claims are exempt from the exhaustion requirement because the benefits he seeks are guaranteed by statute, not contract.  OPINION HOLDS: Because Eimers’ claims necessarily hinge on an “interpretation or application” of the collective bargaining agreement, he was required to seek a resolution from the department before filing suit.  We therefore affirm the district court’s order finding Eimers’ Iowa Code chapter 91A claims barred.

               Appeal from the Iowa District Court for Polk County, The Honorable Scott D. Rosenberg, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Greer, P.J. (7 pages)

               A postconviction applicant alleges his counsel was ineffective by permitting him to plead guilty without a sufficient factual basis.  OPINION HOLDS: We find there was a sufficient factual basis to support the guilty plea and counsel was therefore not ineffective.