May 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Carr, S.J.  Opinion by Carr, S.J.  (15 pages)

            Spencer Pierce appeals the denial of his application for postconviction relief.  He argues his trial counsel was ineffective for failing to take several actions: (1) file a motion to suppress evidence from the search of a residence; (2) properly argue the motion to suppress evidence from the search of a vehicle; (3) investigate a confidential informant; and (4) prepare for trial.  OPINION HOLDS: We find Pierce has not shown prejudice by proving, but for counsel’s claimed errors, he would have refused the plea bargain and proceeded to trial.  Furthermore, he has not proven: (1) the warrant to search the residence was impermissibly tainted by evidence from an illegal search and seizure or from inaccuracies in the application; (2) the warrant to search the vehicle was improperly rejected or the vehicle would not run properly with the evidence in place; (3) evidence from the confidential informant was beneficial to him; or (4) a lack of preparation for trial by counsel caused him to plead guilty.  Therefore, we affirm.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Eric Miller appeals the dismissal of his application for postconviction relief.  He asserts he has raised a proper gateway claim of actual innocence to survive summary judgment.  OPINION HOLDS: Iowa does not recognize a gateway claim of actual innocence.  Even if we were to recognize a gateway claim, Miller has not shown a constitutional error at trial that is supported with new reliable evidence to establish, more likely than not, no reasonable juror would have convicted him. 

            Appeal from the Iowa District Court for Decatur County, John D. Lloyd, Judge.  REVERSED AND REMANDED. Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Vogel, C.J.  (4 pages)

            Dewberry appeals the denial of his second postconviction-relief (PCR) application.  He claims he was wrongly denied a full PCR hearing to demonstrate his trial counsel was ineffective for failing to present an expert to testify on whether the BB gun he used during the incident was a dangerous weapon under Iowa Code section 711.2 (2011).  OPINION HOLDS: Because Dewberry was deprived of the opportunity to prove his actual-innocence claim, we remand the case to the PCR court where a full evidentiary hearing may be held.

            Appeal from the Iowa District Court for Carroll County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Gary Schenkelberg appeals the district court’s order denying his petition to modify the parties’ dissolution decree to decrease his spousal support obligation to Julianne Schenkelberg.  OPINION HOLDS: We agree with the district court that Gary failed to carry his burden of proving a substantial change not in the contemplation of the supreme court, and we affirm the denial of his modification petition. 

            Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (5 pages)

            Lonny Bathen appeals the denial of his application for postconviction relief.  OPINION HOLDS:  Bathen has failed to demonstrate his trial counsel breached essential duties in a way that prejudiced him either individually or cumulatively.  Bathen must raise his claims of ineffective assistance of postconviction-relief counsel in a second application for postconviction relief that is promptly filed following this appeal.

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (12 pages)

            Jorge Sanders-Galvez appeals his conviction for murder in the first degree, contending (1) the evidence was insufficient to support the jury’s finding of guilt; (2) his trial attorney was ineffective in failing to object to a statement on hearsay grounds; (3) the district court abused its discretion in admitting a phone video; and (4) juvenile-sentencing precedent “should be expanded” to young adults.  OPINION HOLDS: We affirm Sanders-Galvez’s judgment and sentence for first-degree murder and preserve his ineffective-assistance-of-counsel claim concerning the admission of hearsay evidence for possible postconviction relief.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (7 pages)

            Plaintiffs appeal the district court’s denial of their request for an extension of time to designate expert witnesses in a medical malpractice case and subsequent grant of summary judgment.  OPINION HOLDS: The district court did not abuse its discretion in denying the motion for an extension of time because plaintiffs failed to show good cause for their delay to designate expert witnesses.  Accordingly, summary judgment was proper.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (18 pages)

            On appeal, Larry Ratliff Jr. challenges the sufficiency of the evidence supporting his convictions of first-degree murder, willful injury causing serious injury, and assault with intent to inflict serious injury.  Ratliff also asserts his trial counsel provided ineffective assistance by failing to object to faulty jury instructions.  Ratliff further contends the district court abused its discretion in admitting cumulative and unduly prejudicial photographs into evidence.  OPINION HOLDS: We find the jury’s verdicts for murder in the first degree and willful injury causing serious injury are supported by substantial evidence and therefore affirm the judgments and sentences of the district court for those offenses.  We find the State failed to establish sufficient evidence for assault with intent to inflict serious injury.  Accordingly, we reverse the judgment and sentence for that offense and remand for dismissal of the charge.  We find Ratliff’s trial counsel was not ineffective and the court did not abuse its discretion in admitting photographs showing Ratliff holding the murder weapon.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Tabor, J., takes no part.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Izudin Dubinovic appeals the district court judicial review decision affirming the final agency action of the worker’s compensation commissioner, contending: (1) the supreme court erred in adopting a legal causation standard in cases involving a purely mental injury, and the district court erred in affirming the commissioner’s application of the standard, and (2) the commissioner should have applied a modified standard applicable to mental injuries arising from sudden traumatic events.  OPINION HOLDS: We affirm the commissioner’s denial of Dubinovic’s claim for medical benefits.

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  REVERSED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Decided by Doyle, P.J., and Tabor and Mullins, JJ.  Opinion by Doyle, P.J.  (13 pages)

            Property owners appeal the district court order dismissing their action to enforce their right to membership in the Terrace Park Dock and Property Owners Association.  OPINION HOLDS: The language of the Association’s bylaws unambiguously states that in order to be eligible for membership, an individual need only own a parcel or lot within the original plat or replat.  Because it does not restrict membership to owners of lots of record as delineated in the 1905 Plat or the 1908 Replat, we reverse the district court’s decision.

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Mullins, JJ.  Opinion by Mullins, J.  (13 pages)

            Robert Rivers Jr. appeals his convictions of eluding and driving while barred.  He argues (1) the district court’s denial of his Batson challenge violated his right to equal protection under the federal constitution, (2) the use of peremptory strikes under Iowa Rule of Criminal Procedure 2.18 violates due process and the right to an impartial jury under the state and federal constitutions, (3) the State failed to provide sufficient evidence to support the charges and the court therefore erred in denying his motions for judgment of acquittal, and (4) his counsel rendered ineffective assistance in failing to object to testimony and evidence derived from the forensic examination of a cellular phone.  OPINION HOLDS: We affirm Rivers’s convictions of eluding and driving while barred.

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., Tabor, J., and Carr, S.J.  Gamble, S.J., takes no part.  Opinion by Carr, S.J.  (4 pages)

            Lyman Enterprises, L.C., appeals the judgment entered in favor of Arthur Chumbley on his action to enforce a mechanic’s lien.  OPINION HOLDS: We affirm the district court’s determination concerning the fair and reasonable value of the materials and labor Chumbley furnished but reverse the portion of the court’s order awarding Chumbley attorney fees and remand to the district court to determine whether, in its discretion, Chumbley is entitled to such an award.