Filed Feb 20, 2019
View Opinion No. 18-2218
View Summary for Case No. 18-2218
Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by Mullins, J. (2 pages)
A father appeals the termination of his parental rights. OPINION HOLDS: The father’s failure to argue on appeal waives error. Consequently, we affirm the termination of his parental rights.
Filed Feb 20, 2019
View Opinion No. 18-2225
View Summary for Case No. 18-2225
Appeal from the Iowa District Court for Chickasaw County, Linnea M.N. Nicol, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by McDonald, J. (3 pages)
A father appeals the termination of his parental rights in his four children, arguing termination of the parent-child relationships is not in the children’s best interest. OPINION HOLDS: Termination of the father’s rights is in the children’s best interest.
Filed Feb 20, 2019
View Opinion No. 18-2226
View Summary for Case No. 18-2226
Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ. Opinion by Vaitheswaran, J. (4 pages)
A father appeals the termination of his parental rights to a child. OPINION HOLDS: On our de novo review, we conclude the department satisfied its reasonable-efforts mandate. We affirm the termination of the father’s parental rights pursuant to Iowa Code section 232.116(1)(f) (2018).
Filed Feb 06, 2019
View Opinion No. 16-1796
View Summary for Case No. 16-1796
Appeal from the Iowa District Court for Clinton County, Nancy S. Tabor, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Gamble, S.J. Tabor, J., takes no part. Opinion by Gamble, S.J. (5 pages)
Maurice Walker appeals from the dismissal of his application for postconviction relief (PCR). On appeal, he raises a new claim and also asserts the PCR court erred in finding his trial counsel was not ineffective. OPINION HOLDS: The rule announced in State v. Heemstra, 721 N.W.2d 549, 558 (Iowa 2006), is not applicable here. The appellant’s claim concerning the charge of burglary was not preserved for review. Because we agree with the thorough and well-reasoned findings and conclusions of the PCR court, we affirm.
Filed Feb 06, 2019
View Opinion No. 16-2145
View Summary for Case No. 16-2145
Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge. REVERSED AND REMANDED. Heard by Mullins, P.J., McDonald, J., and Danilson, S.J. Opinion by McDonald, J. (11 pages)
Defendants, the State of Iowa and Iowa State University, appeal the district court’s entry of judgment notwithstanding the verdict in an employment discrimination case favoring the plaintiff, Luann Huss. OPINION HOLDS: When considering the evidence in the light most favorable to the defendants, reasonable minds could differ with regard to whether Huss proved her disability discrimination and failure to accommodate claims. Because reasonable minds could reach differing conclusions, the district court erred in entering judgment notwithstanding the verdict. We reverse and remand to reinstate the jury’s verdict.
Filed Feb 06, 2019
View Opinion No. 17-0662
View Summary for Case No. 17-0662
Appeal from the Iowa District Court for Linn County, Robert E. Sosalla, Judge. AFFIRMED. Heard by Potterfield, P.J., Doyle, J., and Danilson, S.J., Opinion by Danilson, S.J. (28 pages)
Kendu Ray Petties appeals following a jury trial from convictions for two counts of murder in the first degree and one count of conspiracy to commit a forcible felony. Petties first contends the trial court abused its discretion in admitting transcripts of cell phone recordings and shoeprint evidence. He also asserts his trial counsel was ineffective in a number of respects. Next, Petties maintains the court erred in denying his motions for judgment of acquittal and for new trial because there is insufficient corroborating accomplice testimony to support the jury’s verdicts and the verdicts are contrary to the weight of the evidence. Finally, he argues the court failed to determine Petties had the reasonable ability to pay court costs. OPINION HOLDS: We find no abuse of discretion in the court admitting the transcripts of the cell phone recordings, particularly where the recordings themselves were also admitted. Nor did the district court abuse its discretion in allowing the shoeprint evidence. The ineffective-assistance-of-counsel claims fail for lack of prejudice. We find sufficient evidence corroborating the accomplice testimony, and we conclude the verdicts were supported by substantial evidence and were not contrary to the weight of the evidence. We affirm the convictions. The court did not err in imposing court costs.
Filed Feb 06, 2019
View Opinion No. 17-0696
View Summary for Case No. 17-0696
Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge. AFFIRMED. Considered by Doyle, P.J., Mullins, J., and Gamble, S.J. Opinion by Gamble, S.J. (8 pages)
Muhammad Hameed appeals from the denial of his application for postconviction relief (PCR), contending his criminal trial counsel was ineffective in (1) failing to pursue missing surveillance video from the club, (2) failing to call several defense witnesses, (3) failing to develop expert testimony regarding the complaining witness’s intoxication, (4) failing to properly emphasize the evidence controverting the complaining witness’s testimony that she had never returned to the club after the sex act in March 2011, and (5) failing to explore Hameed’s claims of retaliatory prosecution. OPINION HOLDS: Upon our de novo review, we agree with the PCR court’s findings, which are supported by the record, and its reasonable conclusions. Hameed has failed to establish trial counsel was ineffective.
Filed Feb 06, 2019
View Opinion No. 17-1302
View Summary for Case No. 17-1302
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. AFFIRMED AS MODIFIED. Heard by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by McDonald, J. (6 pages)
Gabriel Wilson appeals the decree dissolving his marriage to Elizabeth Wilson. OPINION HOLDS: The district court did not abuse its discretion in denying Gabriel’s motion to reopen the record. The district court equitably divided the marital property, however, the division is modified to correct a typographical error in the court’s order. The district court did not err in failing to preserve a separate tort action against Elizabeth. Elizabeth is not awarded attorney fees.
Filed Feb 06, 2019
View Opinion No. 17-1491
View Summary for Case No. 17-1491
Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, District Associate Judge. AFFIRMED. Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J., but decided by Vogel, C.J., Doyle, J., and Danilson, S.J. Vaitheswaran, J., takes no part. Opinion by Vogel, C.J. (9 pages)
Rashawn Jackson appeals his convictions and sentence after a jury found him guilty of assault and assault causing bodily injury. He argues (1) his trial attorney failed to provide effective assistance of counsel when she neglected to object to both the district court and the county prosecutor referring to the complaining witness as “the victim,” (2) the racial composition of Jackson’s jury pool violated his constitutional right to an impartial jury, and (3) the district court erred by overruling Jackson’s motion for a directed verdict. OPINION HOLDS: We conclude trial counsel was not ineffective because Jackson cannot establish prejudice. Additionally, Jackson did not preserve error on his claim of a systematic exclustion or substantial underrepresentation in the jury pool when he was offered, but failed to use, pertinent records to attempt to establish his claim. Finally, Jackson’s sufficiency claim is moot given the jury’s determination of guilt on a lesser-included offense that did not include the disputed element.
Filed Feb 06, 2019
View Opinion No. 17-1548
View Summary for Case No. 17-1548
Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Tabor, J., takes no part. Opinion by McDonald, J. (12 pages)
John and Bridget Drenter both appeal the decree dissolving their marriage. OPINION HOLDS: The district court’s division of assets was inequitable. The amount and duration of the district court’s award of spousal support was inequitable. Bridget is granted reasonable attorney fees, the amount of which shall be decided on remand.
Filed Feb 06, 2019
View Opinion No. 17-1603
View Summary for Case No. 17-1603
Appeal from the Iowa District Court for Dubuque County, Margaret L. Lingreen, Judge. REVERSED AND REMANDED. Considered by Potterfield, P.J., Danilson, S.J., and Scott, S.J. Opinion by Danilson, S.J. (7 pages)
Mario McCullum challenges the summary dismissal of his second application for post-conviction relief (PCR), contending counsel was ineffective in properly presenting his claims of ineffective assistance of trial counsel. OPINION HOLDS: In light of recent case law, as well as the PCR court’s acknowledgement that McCullum’s claim is not the same as previously raised and the caution with which summary dismissals are to be granted, we conclude the district court erred in summarily dismissing McCullum’s PCR application. We remand for further proceedings.
Filed Feb 06, 2019
View Opinion No. 17-1764
View Summary for Case No. 17-1764
Appeal from the Iowa District Court for Black Hawk County, Brook K. Jacobsen, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower, J. (6 pages)
Jeffrey Moeller appeals his conviction for operating while intoxicated, third offense, claiming the court abused its discretion by allowing a State witness to improperly offer an opinion on Moeller’s intoxication and insufficient evidence supported the jury’s verdict. OPINION HOLDS: We find the court did not abuse its discretion in allowing the witness to testify and substantial evidence supports the jury’s verdict.