2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt and Cynthia M. Moisan, District Associate Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (5 pages)

            Bryant Kephart challenges his guilty pleas, claiming he received ineffective assistance of counsel because his plea was not knowingly made and lacked a factual basis.  OPINION HOLDS: Because the plea was knowingly made and supported by a factual basis, counsel was not ineffective in allowing Kephart to plead guilty or failing to file a motion in arrest of judgment.

            Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

            Robert and Marlene Valley appeal the district court order denying their petition and entering judgment in favor of Douglas and Jan Kiel.  OPINION HOLDS: The Valleys have met their burden of proving their claim to enforce the security interest, and the Kiels fall short of proving by clear and convincing evidence the proof necessary to reform the contract.  We reverse the district court order denying the Valleys’ petition, enter judgment in their favor, and assess costs of the action to the Kiels.  We remand to the district court to determine the amount of attorney fees to award the Valleys.

           Appeal from the Iowa District Court for Keokuk County, Joel D. Yates, Judge.  REVERSED.  Considered by Potterfield, P.J., McDonald, J., and Scott, S.J.  Opinion by McDonald, J.  (5 pages)

           Petitioners appeal from the district court judgment permanently enjoining them from taking certain actions with respect to farm property.  OPINION HOLDS: Respondents failed to prove they would suffer substantial injury or damages in the absence of injunctive relief.  They also failed to show no alternative legal remedy would be adequate.  The district court erred in granting injunctive relief.

            Appeal from the Iowa District Court for Buchanan County, Kellyann M. Lekar And David P. Odekirk, Judges.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (9 pages)

            Brian McConnelee appeals his consecutive sentences for convictions of eight counts in three cases, claiming his counsel provided ineffective assistance by failing to object to the prosecutor’s alleged breach of the parties’ plea agreement.  OPINION HOLDS: Defense counsel failed to perform an essential duty by failing to timely object to the prosecutor’s breach of the plea agreement.  We presume McConnelee was prejudiced by defense counsel’s failure. 

            Appeal from the Iowa District Court for Lee (South) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (14 pages)

            Ricky Riddle appeals from his conviction after a jury verdict of intimidation with a dangerous weapon with intent, a class “C” felony.  He contends the district court abused its discretion when it allowed into evidence a recording of a jailhouse phone call of Riddle calling the State’s main witness.  Additionally, Riddle claims he was denied effective assistance because his trial counsel did not object to the prosecutor’s inflammatory statements, which amounted to prosecutorial error, during closing arguments.  OPINION HOLDS: The district court did not abuse its discretion when it admitted into evidence a recording of a phone call between Riddle and the complaining witness.  Additionally, because Riddle has not established a due process violation resulting from the prosecutor’s statements in closing argument, his claim of ineffective assistance cannot succeed.  We affirm.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals the termination of her parental rights raising claims of insufficient evidence and a ruling that is contrary to the best interests of the child.  OPINION HOLDS: We conclude termination of the mother’s parental rights to the child was in the child’s best interests.  We affirm the district court’s termination decision.

            Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (6 pages)

            Vadim Shultsev appeals convictions for driving while license revoked, asserting an actual-innocence claim, despite pleading guilty.  He asks this court to find the recent supreme court case, Schmidt v. State, 909 N.W.2d 778, 789 (Iowa 2018), permits him to raise an actual-innocence claim on direct appeal despite not challenging the underlying guilty plea.  OPINION HOLDS: Shultsev was still required to timely file a motion in arrest of judgment to challenge his guilty plea on direct appeal.  A direct appeal from an uncontested guilty plea is not a viable vehicle to introduce a claim of actual innocence.  Even if we could reach the merits of Shultsev’s claim, the record is inadequately developed.  We affirm. 

            Appeal from the Iowa District Court for Polk County, Odell G. McGhee and William A. Price, District Associate Judges.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (4 pages)

            Robert Esperza appeals his conviction for driving while his license was denied or revoked, contending his trial counsel was ineffective for failing to timely move to suppress statements he made to an officer before his Miranda warnings were given.  OPINION HOLDS: Because the record is not adequate to decide this issue, we affirm Esparza’s conviction but preserve his ineffective-assistance claim for possible postconviction-relief proceedings.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge, And Christine Dalton Ploof, District Associate Judge.  REVERSED IN PART, SENTENCES VACATED, AND REMANDED FOR RESENTENCING.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (10 pages)

            Trae Jackson appeals following his convictions for operating while under the influence, third offense; driving while barred; and unlawful possession of a prescription drug.  He challenges the sufficiency and weight of the evidence that he was operating a vehicle.  OPINION HOLDS: We reverse and remand the convictions of operating while under the influence and driving while barred because there is not substantial evidence Jackson was “operating” the vehicle.  We vacate the sentences imposed, and remand for dismissal of those charges and for resentencing on the conviction for unlawful possession of a prescription drug.  

           Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (3 pages)

           Forrest Trausch appeals the district court’s affirmation of the Iowa Department of Human Services’ determination that Trausch had denied his son critical care.  OPINION HOLDS: The Iowa Department of Human Services’ decision was supported by substantial evidence and was not irrational, illogical, or wholly unjustifiable.

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

           Veronica Lack appeals from the district court’s grant of summary judgment to the defendants in this civil rights action, asserting the district court erred in failing to find a continuing violation under the Iowa Civil Rights Act.  OPINION HOLDS: Because Lack failed to seek a specific ruling on the continuing-violation doctrine, the issue is not properly preserved for our review.  We therefore affirm. 

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Per Curiam.  Dissent by Doyle, J.  (9 pages)

            Mandi Mumm appeals the order denying her motion for new trial after a jury found in favor of the defendants on her medical-malpractice claim.  OPINION HOLDS: Because the district court did not abuse its discretion in answering questions submitted by the jury during deliberations, we affirm the order denying Mumm’s motion for new trial.  DISSENT ASSERTS: Because Iowa Code section 668.3(5) (2017) mandates a court inform the jury of the effects of comparative fault as applied to the jury’s answers concerning fault, I believe the trial court erred in failing to answer the jury’s question concerning the effects of comparative fault.  This material omission of the law is the substantial equivalent of a material misstatement of the law, and Mumm is entitled to a new trial.  I would reverse the order denying her motion for new trial and remand for further proceedings.