October 2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED ON THE APPEAL AND THE CROSS-APPEAL.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (12 pages)

            Wendy Holst appeals the district court’s decision granting defendants’ motion for judgment notwithstanding the verdict on the issue of future damages.  Michael Stapleton and Mansur Trucking, Inc. cross-appeal the court’s denial of the motion as to certain past medical expenses.  OPINION HOLDS:  Holst did not present sufficient medical evidence to support a claim for future pain and suffering or future loss of function or sufficient evidence to come within the exception to this requirement, and we affirm the court’s grant of judgment notwithstanding the verdict on this ground.  On the cross-appeal, we conclude the district court did not err in finding there was substantial evidence of causation, so the issue of past medical expenses should be submitted to the jury and the court did not err in denying defendants’ motion for judgment notwithstanding the verdict on this ground.  We affirm on the appeal and the cross-appeal.

            Appeal from the Iowa District Court for Scott County, Paul L. Macek and Marlita A. Greve, Judges.  AFFIRMED.  Considered by Danilson, C.J., Tabor, J., and Blane, S.J.  Opinion Per Curiam.  (23 pages)

            Kenneth Tennant appeals from his conviction and sentence for tampering with a juror.  On appeal, he alleges (1) the trial court should have granted his motion for mistrial; (2) he should have been allowed to play a specific video for the jury; (3) the court should have granted his motion for judgment of acquittal; (4) the court should have sustained his objection to various jury instructions; (5) the statute under which he was convicted is void for vagueness; (6) the statute violates his First Amendment right to free speech; (7) the trial court should have appointed him standby counsel, and (8) he was subjected to a disparate sentence.  OPINION HOLDS: After our review of the record in this appeal, we find Tennant’s appeal on each issue either has not been preserved or has no merit.  The conviction, judgment, and sentence are affirmed.

            Appeal from the Iowa District Court for O’Brien County, David A. Lester, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, J.  (12 pages)

            Bradley Taylor appeals the district court’s order interpreting language in his parents’ irrevocable trusts directing the sale of farmland.  OPINION HOLDS: Because we find the settlors’ intent to extend Bradley an option to purchase the land beyond the three-year rental period was plain on the face of the distribution provision, we reverse and remand for a determination of the questions posed in the trustee’s application on the sale of the farm real estate to Bradley.

            Appeal from the Iowa District Court for Polk County, David N. May, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (6 pages)

            Ashley Rathjen appeals her convictions for two counts of possession of a controlled substance (methamphetamine) with intent to deliver, as a subsequent offender.  She argues her trial counsel was ineffective for allowing her to plead guilty after denial of her motion to dismiss and for failing to file a motion in arrest of judgment to preserve her challenge to her guilty plea.  OPINION HOLDS: We find the record inadequate to address her claims.  Therefore, we affirm her convictions and preserve her claims for possible postconviciton proceedings.

           Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Danilson, C.J., McDonald, J., and Carr, S.J.  Opinion by Carr, S.J.  Dissent by McDonald, J.  (11 pages)

            Steven and Stephanie DeVolder appeal the grant of summary judgment in favor of State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company (collectively, State Farm).  The DeVolders claim State Farm committed breach of contract, first-party bad faith, and fraud in processing their insurance claim.  OPINION HOLDS: We agree with the district court that summary judgment is appropriate on the fraud and first-party bad faith claims.  However, we find a genuine issue of material fact regarding the breach-of-contract claim.  Therefore, we reverse on the breach claim and remand for further proceedings.  DISSENT ASSERTS: The district court correctly decided the motion for summary judgment on the record presented.

            Appeal from the Iowa District Court for Union County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (14 pages)

            Colton Dunphy appeals his conviction of operating while intoxicated.  He contends the district court erred in denying his motion to suppress evidence allegedly obtained in violation of his rights under Iowa Code section 804.20 (2016).  OPINION HOLDS: We find no violation of section 804.20.  We affirm Dunphy’s conviction of operating while intoxicated. 

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Potterfield, J.  (13 pages)

            Andrew Gerth appeals the partial dismissal of his second lawsuit (No. LACL138027) and the complete dismissal of his third lawsuit (No. LACL138196) by the district court.  Gerth challenges the district court’s ruling that he was attempting to resurrect the same claims from his first lawsuit with the amendment to his second lawsuit.  He also challenges the district court’s dismissal of his third lawsuit, a copy of his first lawsuit; he argues the savings statute of Iowa Code section 614.10 (2016) is applicable to revive his dismissed first lawsuit.  OPINION HOLDS: Because Gerth does not challenge the district court’s actual reason for dismissing his age-discrimination claims in his second lawsuit, and because the argument he makes on appeal was not presented to the district court on this record, we affirm the district court’s partial dismissal of Gerth’s second lawsuit (No. LACL138027).  Additionally, because the savings statute is not applicable to Gerth’s third lawsuit (No. LACL138196), we affirm the district court’s dismissal.  However, we reverse in part because each of the dismissals should be without prejudice. 

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (3 pages)

            Andre Harrington appeals the sentence imposed on his conviction for second-degree robbery as an habitual offender.  OPINION HOLDS: Neither of the statutory provisions Harrington relies on, which were enacted after Harrington committed and was convicted for his crime, can apply to his sentence.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (5 pages)

            Daniss Jenkins appeals his conviction and sentence for the crime of eluding.  He asserts the State provided insufficient evidence to establish he was driving at least twenty-five miles per hour over the speed limit.  OPINION HOLDS: We find the State provided sufficient evidence to establish the excessive speed element for eluding.

            Appeal from the Iowa District Court for Polk County, Odell G. McGhee II, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (5 pages)

            A defendant appeals her conviction and sentence for two counts of theft in the third degree.  She argues her trial counsel was ineffective for failing to ensure her plea had a factual basis and for failing to investigate.  OPINION HOLDS: We find there was a factual basis for her guilty plea.  Because the defendant waived all arguments not relating to her plea when she pled guilty, we cannot consider her claim her trial counsel failed to investigate.  We affirm the conviction and sentence of the district court. 

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (4 pages)

            Onterier Brown appeals from convictions and sentences imposed after a jury found him guilty of three counts of sexual abuse in the third degree and one count of incest.  He challenges an evidentiary ruling and the sufficiency of the evidence.  OPINION HOLDS: The district court engaged in the appropriate balancing test, determined the evidence of other sex acts was relevant to the issue of consent and to the relationship of the defendant to the complainant, and was not unfairly prejudicial.  We find no abuse of discretion.  There was substantial evidence from which the jury could find the sex acts were done “against the will” of the complainant.

            Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (3 pages)

            Edward McIntosh Jr. appeals his conviction for delivery of methamphetamine claiming sentencing entrapment.  OPINION HOLDS: Iowa courts do not recognize sentencing entrapment as an affirmative defense, and the defense would have been unsuccessful.  We affirm the conviction.