February 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J.  (3 pages)

            Jahmal Cavil appeals the district court’s imposition of sentence following his guilty plea for possession of a controlled substance (methamphetamine), third offense, and assault while displaying a dangerous weapon.  OPINION HOLDS: The district court did not abuse its discretion in imposing sentence.

            Appeal from the Iowa District Court for Johnson County, Sean W. McPartland, Judge.  AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (5 pages)

            Andre White appeals the denial of his application for postconviction relief.  OPINION HOLDS: White’s trial counsel did not provide ineffective assistance by failing to object to alleged hearsay statements or by changing trial strategies after White’s first trial resulted in a hung jury.

            Appeal from the Iowa District Court for Poweshiek County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (2 pages)

            Scott Clayton appeals the district court’s decision to increase his child support obligation.  OPINION HOLDS: Credible evidence supported the district court’s decision to increase Scott’s child support obligation.

            Appeal from the Iowa District Court for Linn County, Andrew Chappell, Judge.  AFFIRMED AS MODIFIED.  Heard by Tabor, P.J., Bower, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (13 pages)

            Clinton Lunden appeals the physical care, visitation, and child support provisions of the decree dissolving his marriage to Bridgett Wood.  OPINION HOLDS: Upon our review, we affirm as modified to provide Clinton additional visitation during the summer.  We decline to award either party attorney fees on appeal.   

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (6 pages)

            Joseph Sliger appeals from the district court’s denial of his petition to modify his child-support obligation, arguing his reduction in income since the entry of the 2016 decree dissolving his marriage to Cassidee Sliger (now known as Cassidee Parks) was not voluntary.  Cassidee asks that we award her appellate attorney fees.  OPINION HOLDS: Joseph’s voluntary act that resulted in termination does not qualify as a self-inflicted or voluntary reduction of income that would justify using his former salary in setting child support payments.  Consequently, we reverse the district court’s denial of Joseph’s petition to modify his child-support obligation and remand for the obligation to be recalculated using the parties’ current incomes.  We decline Cassidee’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Mahan, S.J., and Danilson, S.J.  Opinion by Danilson, S.J.  (19 pages)

            Carlos Sierra-Rojas appeals from his conviction and sentence, following a jury trial, for harboring a runaway.  Rojas contends the district court erred in denying his pretrial motion to dismiss for improper venue; erred in denying his motion for directed verdict based on insufficient evidence; abused its discretion in admitting an untimely disclosed, irrelevant, and unfairly prejudicial exhibit; and erred in not instructing the jury that he did not have an affirmative duty to report the runaway’s whereabouts to law enforcement.  OPINION HOLDS: Because venue is nonjurisdictional, Rojas’s failure to file a pretrial motion for change of venue was not preserved.  Because there was sufficient evidence Rojas committed the crime of harboring a runaway, the complained-of exhibit was disclosed as early as practicable and was not irrelevant and cumulative, and we determine Rojas was not prejudiced by the court’s refusal to give his proposed jury instruction, we affirm.  

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., Doyle, J., and Mahan, S.J.  Opinion by Potterfield, P.J.  (6 pages)

            On interlocutory appeal, John Doe and James Doe, who are both HIV positive, challenge the district court’s ruling they cannot proceed in an action against Sally Gill for disseminating information about their diagnoses without using their own names in the public court filings.  OPINION HOLDS: We reverse the district court order requiring John and James to amend or restate their petition and remand for further proceedings consistent with this opinion.

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge, and Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Mahan, S.J.  Tabor, J., takes no part.  Opinion by Potterfield, P.J.  (3 pages)

            Christopher Goddard appeals the district court’s denial of his pre-plea motions to continue trial and waive his right to speedy trial, and the denial of his post-sentencing motion to set aside his guilty plea.  OPINION HOLDS: Because Goddard’s guilty plea waived his right to challenge the court’s adverse pre-plea rulings and because his claim that his plea was not knowing and voluntary is not preserved for our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (9 pages)

            Kent Walker appeals his conviction of assault with intent to commit sexual abuse causing bodily injury.  OPINION HOLDS: The district court’s admission of the 911 phone call recording did not violate Walker’s right to confront his accuser under the Iowa Constitution or the United States Constitution.  The accuser’s statements to police constituted excited utterances, and officers’ testimony regarding those statements did not violate the rule against hearsay.  Walker waived the argument that the testimony of the police officers was prejudicially cumulative by failing to provide supporting authority for that claim.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  Dissent by Vaitheswaran, J.  (5 pages)

            Kenneth Carmer appeals his guilty plea to domestic abuse assault causing bodily injury, second offense.  OPINION HOLDS: Carmer’s guilty plea was not defective.  A written plea is not required to advise a defendant that the sentence for the offense could be served consecutively to sentences in other cases.  DISSENT ASSERTS: Following the sentencing hearing, the district court ordered Carmer to serve his sentence consecutively to the sentence in FECR092096 and one other sentence.  In my view, the possibility that the pending sentence would be imposed consecutively to Carmer’s other sentences was a direct consequence of the plea and Carmer should have been informed of this consequence.  Because the guilty plea form did not include such a statement, I would set aside the guilty plea and remand the case to the district court. 

            Appeal from the Iowa District Court for Clay County, Charles K. Borth, District Associate Judge.  CONVICTION AFFIRMED.  SENTENCE VACATED IN PART AND REMANDED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, C.J.  (2 pages)

            David Person appeals from his sentence imposed after being convicted of operating while intoxicated, first offense.  He asserts his sentence was illegal because the district court ordered him to pay a $150.00 probation fee while being supervised by the Clay County Sheriff.  OPINION HOLDS: Although the Iowa Code allows for Person to be placed on probation, we find no provision in the code authorizing payment for a probationary fee to a county sheriff.  While assuming without deciding Person’s plea counsel was ineffective in allowing him to enter a plea that included this probation fee, we affirm Person’s conviction, vacate the probation fee to the sheriff, and remand for the district court to correct the illegal sentence.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A defendant appeals his prison sentence contending the sentencing court failed to exercise its discretion by not considering the options of deferred judgment or deferred sentence.  OPINION HOLDS: Because Keochai was not eligible for a deferred judgment and the court was not required to expressly reject a deferred sentence, we affirm.