2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            A father appeals the termination of his parental rights to his child, contending (1) the State failed to prove the ground for termination cited by the district court and (2) termination should have been deferred for six months.  OPINION HOLDS: We affirm the termination of the father’s parental rights to his child.

Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (4 pages)

Duane Yates appeals the district court order dismissing his motion to reopen a postconviction-relief (PCR) action that was dismissed ten years earlier due to his counsel’s failure to prosecute the matter.  OPINION HOLDS: Following the dismissal of his first PCR action, Yates had the opportunity to have his claims heard and decided on the merits.  He cannot relitigate those claims.  Accordingly, we affirm the denial of Yates’s motion to reopen the first PCR proceeding.

           Appeal from the Iowa District Court for Polk County, Bradley McCall, Judge.  AFFIRMED ON APPEAL.  WRIT ANNULLED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  McDonald, J., takes no part.  Per Curiam.  (13 pages)

           Cynthia Pesce appeals the district court’s actions in reassigning her seized-property claim to a civil matter, dismissing her second seized-property claim, and holding a hearing after she filed a motion to dismiss and notices of appeal.  Her attorney, Jaysen McCleary, petitions for writ of certiorari regarding the district court’s imposition of sanctions for his actions in the proceeding.  OPINION HOLDS: The district court did not err or abuse its discretion in managing Pesce’s seized-property claims or in holding the hearing.  Additionally, the district court did not abuse its discretion in imposing sanctions

Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., McDonald, J., and Blane, S.J.  Opinion by Potterfield, P.J. (10 pages)

           Michael Kelly appeals the dismissal of his third application for postconviction relief (PCR).  OPINION HOLDS: Kelly’s claim that he received an illegal sentence is a claim that can be brought at any time; thus, we reverse the PCR court’s dismissal of that claim and remand to the PCR court.  As for the rest of his third PCR application, Kelly has not established that any exception to the three-year statute of limitations applies, and we agree with the PCR court that it is time-barred and must be dismissed. 

           Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (5 pages)

           Jeffrey Murdock appeals his conviction following his guilty plea for failure to comply with sex offender registry requirements, second or subsequent offense, in violation of Iowa Code sections 692A.104 and 692A.111 (2016).  He contends his trial counsel was ineffective in allowing him to plead guilty when there was no factual basis for the plea.  The State asserts the record establishes a factual basis.  OPINION HOLDS: Because we agree the record contains a factual basis for Murdock’s guilty plea, we affirm.

Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Mahan, S.J.  Opinion by Potterfield, P.J. (19 pages)

           Darrell McBride appeals from his convictions for two counts of sexual abuse in the third degree, in violation of Iowa Code section 709.4(1)(b)(2) (2016).  McBride maintains there is insufficient evidence to support either conviction.  He also challenges two of the district court’s evidentiary rulings and maintains he should have been granted a new trial due to juror bias.  OPINION HOLDS: Because substantial evidence supports both of McBride’s convictions, he has not established that the district court wrongly decided his evidentiary objections, and the district court did not abuse its discretion in denying his motion for new trial on the basis of juror bias, we affirm. 

            Appeal from the Iowa District Court for Jackson County, Thomas G. Reidel and Nancy S. Tabor, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  Tabor, J., takes no part.  (10 pages)

            Desmond Reeves appeals his convictions for robbery in the first degree and assault with intent to inflict serious injury.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict, including evidence of Reeves’s intent to commit theft as an element of the offense of robbery.  We conclude the district court did not abuse its discretion in concluding character evidence concerning a witness was not admissible because it was not relevant.  We find Reeves’s pro claims were not preserved or not supported by argument in his brief.  We affirm Reeves’s convictions.

           Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (5 pages)

      Ryan Stockbauer appeals his convictions for operating while intoxicated and possession of methamphetamine.  Stockbauer argues his trial counsel was ineffective in failing to object to alleged prosecutorial error or misconduct during voir dire, opening statement, presentation of evidence, and closing argument.  OPINION HOLDS: Because the record is inadequate to assess the merits of the ineffective-assistance claims, we uphold the conviction but preserve the ineffective-assistance claims for possible postconviction-relief proceedings.

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

            Mejdil Ahmetovic appeals his convictions of possession of a controlled substance with intent to deliver and failure to affix a drug-tax stamp.  He asserts the district court erred in denying his motion to suppress evidence, contending the warrantless traffic stop and subsequent searches of his pocket and an automobile in which he was a passenger violated his constitutional rights against unreasonable searches and seizures under the Fourth Amendment to the United States Constitution and article I, section 8 of the Iowa Constitution.  OPINION HOLDS: We affirm in all respects the district court’s denial of Ahmetovic’s motion to suppress.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            Elijah Wilson appeals his conviction for first-degree robbery, in violation of Iowa Code section 711.2 (2016).  OPINION HOLDS:  Wilson claims the district court abused its discretion by sentencing him to prison instead of placing him on probation.  Wilson also claims he received ineffective assistance because defense counsel permitted him to plead guilty, thereby waiving his claim the matter should be transferred to juvenile court.  We affirm the district court, but determine Wilson’s claim of ineffective assistance should be preserved for possible postconviction proceedings.

           Appeal from the Iowa District Court for Fayette County, David P. Odekirk and Richard D. Stochl, Judges.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (7 pages)

           Abel Quijas, Jr. appeals the district court’s dismissal of his petition to modify restitution.  On appeal, Quijas argues (1) he is entitled to assistance of counsel to challenge the restitution order, (2) the imposition of room-and-board restitution without a hearing creates an illegal sentence—entitling him to assistance of counsel, and (3) he is entitled to a hearing to determine if he has the reasonable ability to pay the ordered restitution.  OPINION HOLDS: Because Quijas filed his petition more than thirty days after judgment entry his claim is civil in nature, and he is not entitled to assistance of counsel.  The imposition of room-and-board restitution without a hearing does not amount to an illegal sentence.  Because on its face, Quijas’s petition is not frivolous, the district court abused its discretion in denying the petition without a hearing.

            Appeal from the Iowa District Court for Polk County, Mary Pat Gunderson, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A contractor appeals from the district court decision to strike an amended resistance to summary judgment and grant of summary judgment on a petition to foreclose a mechanic’s lien.  OPINION HOLDS:  We conclude the amended resistance was untimely and LM Construction did not follow statutory requirements for a mechanic’s lien.  We affirm the district court.