September 2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J. (11 pages)

             Steven Asbury appeals from judgment and sentence entered upon his conviction for first-degree murder following a jury trial.  On appeal, Asbury asserts there was insufficient evidence of the identity of who shot the victim.  He also contends he received ineffective assistance of trial counsel due to his attorney’s failure to object to two jury instructions.  OPINION HOLDS: Because we find substantial evidence supports the jury verdict, and Asbury was not prejudiced by counsel’s failure to object to the instructions, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (13 pages)

            Imere Hall appeals his convictions of first-degree murder and first-degree robbery following a jury trial.  OPINION HOLDS: Substantial evidence exists to support the jury’s verdict, and the district court properly denied Hall’s motion for judgment of acquittal.  Additionally, Hall’s sentence of life in prison without parole is not cruel and unusual punishment or in violation of his right to equal protection of the laws.  Finally, his pro se arguments, insofar as they were preserved for our review, are without merit.  Accordingly, we affirm Hall’s judgment and sentence following his convictions of first-degree murder and first-degree robbery.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (12 pages)

            The plaintiff appeals from the district court’s summary judgment order dismissing the medical malpractice lawsuit against the defendants.  OPINION HOLDS: We find summary judgment was proper because the plaintiff’s expert testimony failed to establish causation and could not establish a prima facie case of medical negligence.  We therefore affirm the trial court’s summary judgment ruling in favor of the defendants.

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (24 pages)

            Bryce Gully appeals his convictions of several drug- and gun-related crimes and the sentences imposed. He contends: (1) the district court erred in denying his motion to suppress evidence obtained pursuant to a search warrant because the warrant application lacked probable cause; (2) the district court abused its discretion in denying his motions for a mistrial; (3) there was insufficient evidence to support his convictions and the district court therefore erred in denying his motions for judgment of acquittal; (4) the sentences imposed amount to cruel and unusual punishment because his prior convictions supporting sentencing enhancement were committed when he was a juvenile; and (5) his trial counsel rendered ineffective assistance in failing to object to the racial makeup of the jury pool.  OPINION HOLDS: We affirm Gully’s conviction and sentence in their entirety.  We preserve Gully’s ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings. 

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vogel, P.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J.  (12 pages)

            Joe Byrd appeals the district court decision denying his request for postconviction relief from his conviction of first-degree robbery.  OPINION HOLDS: Byrd has not shown he received ineffective assistance based on his claims defense counsel failed to: (1) file a motion to suppress, (2) impeach the testimony of a witness, (3) object to prosecutorial misconduct, (4) claim the State concealed exculpatory evidence, and (5) address the issue of juror misconduct.  We conclude Byrd has not shown he received ineffective assistance, whether the claims are considered individually or cumulatively.  We affirm the district court’s decision denying his request for postconviction relief.

           Appeal from the Iowa District Court for Shelby County, Gregory W. Steensland, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (10 pages)

           A wife appeals the economic provisions of her dissolution decree.  She challenges the property division and spousal support award.  OPINION HOLDS: The district court incorrectly concluded the husband's military pension was not subject to division, and we conclude the pension should be divided using the Benson formula.  All other aspects of the property division were equitable.  We affirm the spousal support award but modify the award to commence on the date of the dissolution decree.

           Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J. (15 pages)

            Jonathan Armstrong appeals the dismissal of his application for postconviction relief, arguing trial and appellate counsel were ineffective.  OPINION HOLDS: Upon our de novo review, we find Armstrong failed to demonstrate a reasonable probability of a different outcome had counsel performed in the manner Armstrong suggests. We affirm the postconviction court’s denial of relief.

            Appeal from the Iowa District Court for Marion County, Thomas W. Mott, Judge.  REVERSED AND REMANDED.  Heard by Danilson, C.J., McDonald, J., and Scott, S.J.  Opinion by Scott, S.J. (6 pages)

            A father appeals the juvenile court’s decision to terminate his parental rights in a private termination action.  OPINION HOLDS: We determine the order terminating the father’s parental rights must be reversed because the father was not adequately informed of his right to counsel.  We remand to the juvenile court, where proper notice should be served on the father and proof of the service of notice placed in the record, prior to any rehearing on the merits of the petition to terminate his parental rights.  On remand, if the father requests the assistance of counsel and is financially unable to employ counsel, then counsel should be appointed for him.

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Kenith Lewis, through appellate counsel, presents several claims of ineffective assistance of counsel and additionally raises pro se claims concerning trial counsel’s failure to object to testimony, the sufficiency of the evidence, the constitutionality of his sentence, and jury selection.  OPINION HOLDS: Lewis fails to show trial counsel’s performance fell below professional standards.  Finding no other ground for reversal, we affirm Lewis’s convictions and sentences for first-degree burglary and third-degree sexual abuse.

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland and Mary E. Chicchelly, Judges.  affirmed.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            William Foster appeals his conviction following entry of an Alford plea contending ineffective assistance of counsel and district court abuse of discretion.  OPINION HOLDS: We affirm Foster’s judgment and sentence.

           Appeal from the Iowa District Court for Des Moines County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J.  (11 pages)

           Christine Warth appeals the district court’s award of damages to State Farm Insurance stemming from a car accident.  OPINION HOLDS: We find the exhibits relied upon by the district court in its damage calculation contained inadmissible hearsay and did not fit within the business-records or residual exceptions.  We reverse the damage award and remand for further proceedings.

            Appeal from the Iowa District Court for Page County, James M. Richardson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (14 pages)

            Parents of teenager who died appeal the jury’s verdict of no fault in a tort action based on a vehicle accident.  They contend the jury’s verdict was not supported by sufficient evidence and failed to effectuate substantial justice.  Further, they argue the court erred in overruling their motion in limine and giving jury instructions about evidence that their son lacked a driver’s license and his motorcycle lacked a headlight and turn signals.  Finally, they contend the court erred in granting summary judgment on their claim of damages for pre-death pain, suffering, and loss of function.  OPINION HOLDS: We find the jury’s verdict is supported by sufficient evidence and effects substantial justice.  We therefore conclude the court did not err or abuse its discretion in denying a new trial.  We also find the plaintiffs failed to preserve error on their claims on the admissibility of challenged evidence and jury instruction 16H.  We find no error in jury instruction 16I.  Finally, we find the court did not err by granting summary judgment and refusing to submit pre-death pain, suffering, and loss of function to the jury.