Court of Appeals Opinions

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (10 pages)

            Tyjuan Tucker appeals his conviction of possession of marijuana with intent to deliver, challenging: (1) the sufficiency of the evidence; (2) the district court’s finding the underrepresentation of African-Americans in the jury pool was not due to “systematic exclusion”; (3) trial counsel’s failure to present expert testimony on the “systematic exclusion” issue; and the district court’s exclusion of both (4) documents related to a prior settlement involving Tucker, and (5) portions of body camera footage of his arrest.  OPINION HOLDS: The conviction is affirmed as: (1) there was sufficient evidence to support the jury’s verdict; (2) there was insufficient evidence of systematic exclusion; (3) Tucker is foreclosed from raising his ineffective-assistance-of-counsel claim on direct appeal; and the district court did not abuse its discretion in excluding either (4) the settlement documents or (5) portions of the footage of his arrest.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Carr, S.J.  Opinion by Schumacher, J.  Dissent by Carr, S.J.  (10 pages)

            Spencer Antowyn Pierce appeals the summary disposition of his second application for postconviction relief.  OPINION HOLDS: Given the narrow constraints of Allison v. State, we affirm the dismissal of Pierce’s second application for postconviction relief.  DISSENT ASSERTS: Because the claims in the second PCR action impliedly allege Pierce’s first PCR counsel was ineffective in advancing claims in his first PCR action, I would find his second PCR action falls within the Allison exception and reverse.

            Appeal from the Iowa District Court for Buchanan County, Andrea Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J. (27 pages)

            Hillary Hunziker appeals from her conviction of murder in the first degree.  She argues (1) the district court erred in denying a continuance based on the unavailability of her expert witness, (2) the jury instructions about the insanity defense did not correctly state the law, (3) her conviction is contrary to the weight of the evidence, (4) the district court erred in denying two requests for substitute counsel, and (5) she should be able to assert an ineffective-assistance-of-counsel claim on this direct appeal or have her case reviewed for plain error.  OPINION HOLDS: The district court did not err in denying her request for continuance.  The jury instructions correctly stated the law regarding the insanity defense.  The conviction is supported by the weight of the evidence.  The district court gave her ample opportunity to explain her request for substitute counsel, but she did not meet the required burden.  Ineffective-assistance-of-counsel claims are reserved for postconviction relief and we do not adopt plain-error review. 

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            Kyle Hattrup appeals his convictions and sentences for multiple crimes.  OPINION HOLDS: We find no error in the district court’s exclusion of Hattrup’s post-crime mental-health condition and treatment progress.  Also, even if the evidence should not have been excluded, the evidence had already been presented to the jury through other witnesses, so any error was harmless.  As for sentencing, the district court did not consider any improper facts or factors in deciding on Hattrup’s sentence. 

            Appeal from the Iowa District Court for Polk County, David Porter, Jeanie Vaudt, Scott D. Rosenberg, and Coleman McAllister, Judges.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Mullins and Ahlers, JJ.  Greer, J., takes no part.  Opinion by Mullins, P.J.  (23 pages)

            Duane Huffer appeals following the entry of a decree dissolving his marriage to Angela Doss.  He argues (1) the district court erred in allowing his first attorney to withdraw without notice to him or a hearing and allowing the attorney to disclose privileged attorney-client information; (2) the court erred in not allowing additional discovery and a deposition of Angela; (3) the court erred in finding Angela more credible, given her alleged dishonesty about domestic abuse in the past; (4) the court misvalued property; (5) the court’s distribution of assets was inequitable; (6) he should have been awarded temporary and permanent spousal support; (7) he should have been awarded temporary attorney fees and Angela should not have been awarded trial attorney fees; (8) the court erred in concluding his third attorney was ethical in withdrawing based on his refusal to follow his direction “to challenge [Angela’s] lies about domestic violence”; and (9) the court shirked its duty of impartiality.  OPINION HOLDS: We affirm on all issues except the attorney fee award in favor of Angela.  On our review, we are unable to conclude Angela has a need for an award or that Duane has an ability to pay.  We modify the decree to vacate the attorney fee award.  We also deny Angela’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Mills County, Craig M. Dreismeier, Judge.  AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (10 pages)

            Robert Hoose appeals the denial of his application for postconviction relief.  OPINION HOLDS: Hoose failed to prove counsel was ineffective, and the district court did not abuse its discretion in concluding the claim of newly discovered evidence did not warrant a new trial.  We therefore affirm.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (11 pages)

            Enrique Garcia appeals the dismissal of his fourth application for postconviction relief (PCR).  OPINION HOLDS: The district court properly granted the State’s motion to reconsider; Garcia’s actual innocence claims were properly dismissed; Allison v. State, 914 N.W.2d 866 (Iowa 2018), does not apply to Garcia’s case so that his ineffective-assistance-of-PCR-counsel claim could be heard; and Garcia did not suffer violation of his constitutional rights when the district court dismissed this PCR application.

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle and Carr, S.J.J.  Opinion by Carr, S.J.  (8 pages)

            Shawn Durrell appeals his conviction following a guilty plea to sexual misconduct with an offender.  OPINION HOLDS: Durrell has shown good cause for a direct appeal.  He did not have a conditional guilty plea, and the court was not bound by the sentencing recommendation in the written guilty plea.  We find the court did not abuse its discretion in sentencing Durrell.  We affirm his conviction.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns (summary judgment) and Mary E. Chicchelly (attorney fees and final judgment), Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Ride Now Auto Parts LLC (Ride Now), Josephine Dolatowski, and Robert Hastis appeal the grant of summary judgment in favor of GreatAmerica Financial Services Corp. (GreatAmerica) related to a financing agreement and personal guaranty.  OPINION HOLDS: Ride Now ratified the financing agreement and is liable for its breach.  Dolatowski knew she was signing contracts and is bound by the terms of the personal guaranty.  Genuine issues of material fact remain as to whether fraud was perpetrated upon Hastis in the execution of the Guaranty.  As a result, we affirm the entry of judgment against Ride Now and Dolatowski, and we vacate the entry of judgment against Hastis and remand for additional proceedings.  We find no abuse of discretion in the amount of attorney fees awarded against Ride Now and Dolatowski. 

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J. (14 pages)

            Jay Salge pleaded guilty to fifty-eight counts of sexual exploitation of a minor, in violation of Iowa Code sections 728.1(7) and 728.12(3) (2020).  On appeal, Salge argues the consecutive sentences imposed are grossly disproportionate to his crimes under the United States and Iowa Constitutions.  Salge also contends the district court abused its discretion by failing to give adequate reasons for imposing consecutive prison sentences.  OPINION HOLDS: Salge was not given a mandatory minimum sentence and is immediately eligible for parole.  We therefore reject his claim of cruel and unusual punishment.  We discern no abuse of the court’s sentencing discretion. We therefore affirm.   

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Zachary Welsh appeals his commitment as a sexually violent predator.  OPINION HOLDS: There was substantial evidence to support the district court’s finding that Welsh meets the criteria to be committed as a sexually violent predator.

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  CONVICTION CONDITIONALLY AFFIRMED, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS. Considered by Greer, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J. (7 pages)

            Latrice Saunders appeals following her conviction and sentence for fourth-degree criminal mischief in violation of Iowa Code section 716.6(1) (2019).  Saunders claims she is entitled to resentencing due to a statutory amendment and the district court did not properly consider her motion for new trial.  OPINION HOLDS: Saunders is entitled to resentencing due to an amendment to section 716.6(1), which became effective after Saunders’s conviction but prior to sentencing.  The district court did not apply the weight-of-the-evidence standard to Saunders’s motion for new trial.  So we remand for application of the correct standard to Saunders’s motion.