September 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (9 pages)

            Cindy Hebron seeks reversal of the district court’s ruling denying her application for postconviction relief.  Hebron claims her due process rights have been violated, her right to a speedy trial was violated, and she received ineffective assistance of counsel.  OPINION HOLDS: We find Hebron has failed to prove any due process violation or ineffective assistance of counsel, and she waived her right to a speedy trial.  We affirm the district court’s denial of Hebron’s application for postconviction relief.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Carl Bennett appeals the denial of his application for postconviction relief, arguing he is innocent and that his trial counsel was ineffective.  OPINION HOLDS: After reviewing the record, we agree with the district court that there is overwhelming evidence of Bennett’s guilt and that he did not prove his attorney was ineffective.  We affirm.

            Appeal from the Iowa District Court for Emmet County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Bower and May, JJ.  Opinion by Bower, J.  (5 pages)

            Scott Griffith appeals from the decree dissolving his marriage to Joyce Griffith.  Scott argues the district court erred in failing to order continued conciliation efforts, in finding Joyce was capable of establishing the breakdown of the marriage, and in refusing to grant Scott’s motion to compel discovery of mental health records.  OPINION HOLDS: The trial court did not abuse its discretion in not requiring continued conciliation efforts or in denying the motion to compel discovery of Joyce’s medical records.  Joyce has established the requisite breakdown of the marital relationship, and we affirm.

            Appeal from the Iowa District Court for Clinton County, John D. Telleen, Judge.  REVERSED AND REMANDED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Bower, J.  (25 pages)

            The State seeks reversal of the district court’s ruling granting postconviction relief (PCR) to Benaiah Mablin on the ground the court failed to properly analyze the ineffective-assistance-of-counsel claims.  OPINION HOLDS: Because we conclude Mablin has failed to prove the requisite prejudice, we reverse the district court and remand for dismissal of the PCR application. 

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (9 pages)

            Daniel Hicks appeals the denial of his application for postconviction relief, asserting trial and appellate counsel were ineffective in failing to consult or retain a child-sexual-abuse expert, permitting witnesses to vouch for the child’s credibility, and failing to challenge prejudicial testimony and out-of-court statements.  OPINION HOLDS: Because Hicks failed prove that but for trial and appellate counsel’s asserted deficiencies in performance there is a reasonable probability that the result of the proceeding would have been different, we affirm the denial of his application for postconviction relief. 

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Mullins and Greer, JJ.  Gamble, S.J., takes no part.  Opinion by Potterfield, P.J.  (5 pages)

            Christopher Fisher appeals the district court order dismissing his contempt application.  He argues the district court erred by finding he had not met his burden to prove his former spouse Karen Fisher had willfully violated the prior custody order concerning their minor child by sending the child on a trip over Christopher’s objection.  OPINION HOLDS: The district court did not abuse its discretion.  We affirm.

            Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Bower, J.  (6 pages)

            Lynn Washburn-Livingston  seeks reversal of the district court’s finding the Davenport Civil Service Commission did not have jurisdiction to grant her continued employment with the Davenport Fire Department.  OPINION HOLDS: We find her prior Illinois status did not transfer to Iowa civil service status and affirm the district court.

            Appeal from the Iowa District Court for Sioux County, Patrick H. Tott, Judge.  AFFIRMED IN PART, SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J. (8 pages)

            Kamie Jo Schiebout appeals from her conviction and sentence for felony possession of methamphetamine as an habitual offender.  She challenges the district court’s suppression ruling and her sentence.  OPINION HOLDS: (1) The seizure of Schiebout’s purse was a permissible seizure incident to arrest.  So the district court was correct in denying Schiebout’s motion to suppress.  (2) Federal drug convictions do not count as prior convictions for purposes of Iowa Code section 124.401(5) (2017).  Because Schiebout has only one relevant prior conviction, her current offense should be treated as an aggravated misdemeanor, not a felony.  We vacate Schiebout’s sentence and remand for resentencing.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Doyle, J.  (10 pages)

            Jaramya Campbell appeals the denial of his application for postconviction relief (PCR).  OPINION HOLDS: Because we agree that the underlying sentence for one of Campbell’s criminal convictions illegally ordered that he serve a 45-day term in jail rather than in the custody of the Iowa Department of Corrections, we reverse the PCR court’s ruling denying his application for PCR with respect to that sentence, and we remand with instructions.  We affirm the PCR court’s ruling in all other respects.

            Appeal from the Iowa District Court for Marion County, Terry R. Rickers, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Bower, J.  (6 pages)

            Michael Olson appeals the district court order requiring him to pay temporary child support, spousal support, and attorney fees to Erika Olson.  OPINION HOLDS: We find the district court order for support was equitable and the court did not abuse its discretion in ordering temporary attorney fees.  We award appellate attorney fees to Erika.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea and Mary E. Howes, Judges.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J. (12 pages)

            Dairramey Moore appeals his convictions of intimidation with a dangerous weapon with intent and reckless use of a firearm.  Moore argues (1) the evidence was insufficient to support his convictions; (2) the court failed to exercise its discretion in imposing sentence; and (3) the district court improperly ordered him to pay attorney fees, court costs, and correctional fees as restitution without first determining his reasonable ability to pay the same.  OPINION HOLDS: We affirm Moore’s convictions and the sentence imposed on count one.  We vacate the restitution provisions of the sentencing order and remand the matter to the district court for receipt of a final restitution plan and a determination of Moore’s reasonable ability to pay.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (5 pages)

            Joseph White appeals the denial of his motion to suppress the evidence obtained following the warrantless stop of his vehicle.  OPINION HOLDS: Because the trooper had reasonable suspicion of an inoperative headlamp to stop the vehicle, we affirm.