2018 Archive | Court of Appeals Court Opinions

            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.

            Appeal from the Iowa District Court for Marion County, Martha L. Mertz and Dustria A. Relph, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

            Jonathon Pion appeals after pleading guilty to violating a custodial order.  OPINION HOLDS:  Because there was a factual basis for the district court to accept the guilty plea and because the district court did not abuse its discretion in sentencing Pion, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (3 pages)

            K.H. appeals a district court ruling finding her to be seriously mentally impaired as defined by Iowa Code section 229.1(20)(a) and (c) (2017) and ordering her involuntary commitment, contending the serious-mental-impairment finding is unsupported by sufficient evidence.  OPINION HOLDS: We find the district court’s finding of serious mental impairment is supported by sufficient evidence and affirm. 

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Wittig, Judge.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Eric Hayes appeals the denial of his request to modify his child and spousal support obligations, claiming the district court should have adjusted the amounts to account for changes in income, and any changes should apply retroactively.  Additionally, he requests appellate attorney fees.  OPINION HOLDS: Because we find Eric’s decrease in income was not self-inflicted, modification is warranted.  We remand to the district court for recalculation of Eric’s child and spousal support obligations in line with the parties’ new incomes.  Reductions in support will not apply retroactively.  Each party is responsible for their own appellate attorney fees, and we divide appellate costs equally between the parties.

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (5 pages)

                Jessey Pritchett appeals his conviction and sentence for the crime of escape.  Pritchett first asserts he received ineffective assistance of counsel because his counsel allowed him to enter a written guilty plea.  He claims that had he appeared for a plea hearing, on the record, he would have been informed his plea may impact his probationary status on his prior conviction.  He also claims his counsel was ineffective by allowing him to request immediate sentencing, thereby limiting his ability to “consider his options.”  OPINION HOLDS: We find he has not proved his ineffective-assistance-of-counsel claims, and therefore we affirm. 

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (10 pages)

            The defendant appeals her conviction and sentence of arson in the second degree. OPINION HOLDS: Defendant’s attorney did not provide ineffective assistance of counsel by failing to file a motion in arrest of judgment challenging the factual basis of defendant’s plea.  The restitution order is not supported by the record.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (9 pages)

            S.J. appeals involuntary-commitment orders under Iowa Code chapters 125 and 229 (2018).  She argues the district court’s findings that she suffers from a substance-related disorder, as provided in Iowa Code sections 125.2(14) and 125.75(2)(a), and a serious mental impairment, as defined in section 229.1(20), are not supported by sufficient evidence.  OPINION HOLDS: We conclude the district court’s finding that S.J. posed a danger to herself as a result of her cannabis use disorder is supported by clear and convincing evidence.  We therefore affirm the chapter 125 involuntary-commitment order.  We conclude the finding that S.J. suffered from a serious mental impairment at the time of the commitment hearing is unsupported by clear and convincing evidence.  We reverse the chapter 229 order and remand to the district court with instructions to deny the application under chapter 229 and terminate the proceeding.