2018 Archive | Court of Appeals Court Opinions

           Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED IN PART AND REMANDED WITH DIRECTIONS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (9 pages)

           Sean Freese appeals two convictions of first-degree murder stemming from the deaths of his parents and the sentences imposed.  He challenges the sufficiency of the evidence to support his convictions and contends the district court erred in ordering him to pay a law-enforcement-initiative surcharge on each of the counts.  OPINION HOLDS: We affirm Sean’s convictions of murder in the first degree.  We vacate the law-enforcement-initiative surcharges and remand for entry of a corrected sentencing order. 

            Appeal from the Iowa District Court for Black Hawk County, Nathan A. Callahan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (4 pages)

            Maria Leedom appeals her conviction for voluntary absence from custody, claiming ineffective assistance of counsel.  OPINION HOLDS: We preserve Leedom’s ineffective-assistance-of-counsel claim.  We affirm her conviction for voluntary absence from custody.

           Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (8 pages)

           Defendants in a civil lawsuit appeal a district court ruling partially denying their pre-answer motion to dismiss.  OPINION HOLDS: We affirm the district court’s denial of defendants’ motion to dismiss.  

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (10 pages)

            Plaintiff Robert Shipton appeals the district court’s grant of the defendants’ motion for summary judgment.  OPINION HOLDS: There was no genuine issue of material fact as to whether the defendants’ conduct on June 24 was protected by emergency-response immunity, and the court did not err in granting summary judgment in favor of the defendant on that claim.  However, there was a genuine issue of material fact as to whether the defendants’ conduct prior to June 24 was negligent, and the court erred in granting summary judgment as to that claim.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Duvalmetrise Brown appeals the denial of his application for postconviction relief, claiming his trial attorney was ineffective in failing to cross-examine and “the postconviction court erred in barring as irrelevant testimony needed to prove that the ineffectiveness of trial counsel was prejudicial.”  OPINION HOLDS: We affirm the denial of Brown’s postconviction-relief application.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (11 pages)

            Eliza Walker appeals after pleading guilty to one count of second-degree theft and one count of identity theft.  She contends her counsel was ineffective in allowing her to plead guilty when questions existed concerning her competency.  OPINION HOLDS: Although the record at the time of the plea hearing raises a question as to Walker’s competence, there is no medical evidence concerning her ability to appreciate the charges she was facing, understand the proceedings, or assist effectively in her defense.  Therefore, we preserve Walker’s ineffective-assistance claim for postconviction relief, which is the appropriate forum to conduct an evidentiary hearing to determine the validity of her claim. 

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Scott, S.J.  Opinion by Scott, S.J.  (6 pages)

            Isaac Ortiz appeals the district court’s dismissal of his petition for judicial review of a determination of the workers’ compensation commissioner, contending the district court erred in concluding he failed to substantially comply with the service requirements of Iowa Code section 17A.19(2) (2017).  OPINION HOLDS: We agree with the district court’s conclusion that Ortiz failed to substantially comply with the service requirements of section 17A.19(2) and it therefore lacked jurisdiction on judicial review.  We therefore affirm.

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

            Defendant Larry Gross Jr. challenges his guilty plea to arson in the second degree.  OPINION HOLDS: Gross’s counsel did not provide ineffective assistance of counsel by failing to file a motion in arrest of judgment.  Gross’s plea was supported by a factual basis.

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Danilson, C.J.  (6 pages)

            Saul Gonzalez appeals the denial of his motion in arrest of judgment following his plea of guilty to driving while barred as a habitual offender.  OPINION HOLDS: Because Gonzalez has not provided clear and convincing evidence that no reasonable fact finder could convict him of the offense to which he pled guilty, his actual-innocence claim fails.  We affirm.

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (6 pages)

            Ellis Carpenter appeals after pleading guilty to domestic abuse assault.  OPINION HOLDS: Because the record before the district court at the time of the plea sufficiently establishes a factual basis for the charge, Carpenter’s counsel was not ineffective in allowing him to plead guilty.  The record shows an assault occurred between household members residing together at the time of the assault because Carpenter admitted the person with whom he had offensive contact would qualify as a “domestic partner.”  The record is also sufficient to establish that the offensive contact occurred without justification. 

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (8 pages)

            A mother appeals the ruling on a petition to modify child custody, awarding physical care to the father.  OPINION HOLDS: We find there is a substantial change in circumstances warranting modification and that the father has proven he can provide superior care for the children. 

            Appeal from the Iowa District Court for Jones County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (9 pages)

            A city appeals the judicial review order upholding the grant of unemployment benefits to a former employee.  OPINION HOLDS: Because there was substantial evidence for the agency’s finding of facts and because the agency correctly applied the law to the facts, we affirm.