2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED AND REMANDED.  Considered by Potterfield, P.J., Tabor, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            DeAndrew Harris was granted interlocutory appeal of the district court’s ruling denying his motion for an expert witness at state expense in this postconviction-relief proceeding.  OPINION HOLDS: Finding no abuse of discretion, we affirm.  The matter is remanded for further proceedings.

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (12 pages)

            Larry Whaley appeals from his conviction for second-degree murder.  He contends the State offered insufficient evidence to support the jury verdict finding he acted with malice aforethought and without justification when he fired three shots through his closed apartment door, killing Samantha Teeter.  OPINION HOLDS: Viewing the record in the light most favorable to the verdict, we find substantial evidence to sustain Whaley’s second-degree murder conviction.  But because Whaley’s claims of ineffective assistance involve questions of trial strategy, and the record is inadequately developed to address those questions, we preserve them for possible postconviction-relief proceedings.

            Appeal from the Iowa District Court for Jackson County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Doyle, J.  (13 pages)

            Patricia Gerardy, the conservator for Wilma Poll, brought suit against Kenneth Poll concerning a real estate transaction between Kenneth and Wilma, alleging Kenneth unduly influenced Wilma to enter into the agreement and that Wilma was not competent to enter into the transaction.  The jury found in favor of Kenneth, and the district court denied Patricia’s posttrial motions.  Patricia appealed, and the Estate of Wilma Poll was substituted as the plaintiff/appellant after Wilma passed away.  OPINION HOLDS: Upon our review of the record, we conclude Patricia failed to preserve error on her claim she is entitled to a new trial based upon the district court’s reversal of its initial evidentiary ruling admitting credibility evidence.  Additionally, we find the district court did not err in denying Patricia’s motion for judgment notwithstanding the verdict, nor did the court abuse its discretion in denying her motion for a new trial, because there is sufficient evidence to support the jury’s verdict.  Accordingly, we affirm the jury’s verdict and the court’s rulings.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (13 pages)

            Derek Krieger appeals his convictions for third-degree burglary and two counts of criminal trespass.  OPINION HOLDS: Because we find the State failed to prove the Wildwood Road apartment complex was not open to the public, we reverse Krieger’s burglary conviction.  And because the State did not prove Krieger entered the Joan Drive and West Ninth Street apartment complexes without permission, we likewise reverse Krieger’s criminal trespass convictions.

            Appeal from the Iowa District Court for Woodbury County, Timothy T. Jarman, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (9 pages)

            Phillip Naylor appeals his conviction for operating while intoxicated, second offense, alleging the district court should have granted his motion to suppress evidence discovered after police pulled him over based on two 911 calls from the same unnamed source.  OPINION HOLDS: Because we find the details offered by the caller showed enough indicia of the driver’s intoxication to warrant stopping his truck to investigate, we affirm the suppression ruling and resulting conviction.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (11 pages)

            Adam Blomdahl appeals from the denial of his application for postconviction relief.  OPINION HOLDS: Because Blomdahl has failed to prove either a breach of duty or prejudice resulting from alleged counsel errors, his ineffective-assistance-of-counsel claims fail.  We affirm the denial of his postconviction-relief application.

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham II, Judge.  REVERSED AND REMANDED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Vogel, C.J.  (4 pages)

            Wells Fargo Bank, N.A. (Wells Fargo) appeals the denial of its petition to quiet title as to unknown heirs of Larry F. Humphrey.  Wells Fargo asserts it gave proper notice to any unknown heirs by publication.  OPINION HOLDS: We agree notice by publication is sufficient as to unknown heirs, and no estate need be opened to quiet title.  Therefore, we reverse and remand.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  PCR DECISION AFFIRMED; SENTENCES VACATED IN PART AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Potterfield, J., and Scott, S.J.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Donshey Reed appeals the district court’s denial of his application for postconviction relief (PCR), claiming (1) his sentence should be modified to remove illegally-imposed surcharges and (2) his PCR attorney was ineffective in “failing to present evidence or develop a record at the [PCR] proceeding.”  OPINION HOLDS: We vacate Reed’s sentence and remand for removal of the inapplicable surcharges.  We affirm the PCR court’s denial of Reed’s PCR application and preserve his claims that PCR counsel was ineffective for another possible postconviction-relief application.

            Appeal from the Iowa District Court for Van Buren County, Randy S. DeGeest, Judge.  AFFIRMED ON APPEAL; REVERSED ON CROSS-APPEAL.  Considered by Vogel, C.J., and Vaitheswaran and Potterfield, JJ.  Opinion by Vogel, C.J.  (10 pages)

            Michael Johnston, Elizabeth Johnston, Steve Johnston, and Judith Yeager (the Johnstons) appeal, and Gene Franklin and Connie Johnson (the Franklins) cross-appeal, the district court’s ruling following a remand from our court.  The Johnstons assert the district court should have been granted them fee simple ownership of the dock and shoreline area near Michael Johnston’s home, rather than a prescriptive easement.  The Franklins filed a cross-appeal, and claim the district court should have restricted the size and location of the dock and the width of the shoreline.  OPINION HOLDS: We conclude the district court appropriately granted the Johnstons a prescriptive easement in the dock and shoreline.  Additionally, we order the boundaries of such easement be changed to conform to the Franklins’ requested specifications.

            Appeal from the Iowa District Court for Hamilton County, Paul B. Ahlers, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Vogel, C.J. (4 pages)

            Allen Wayne Nagle appeals his sentence for burglary in the third degree.  OPINION HOLDS: Finding no abuse of discretion in running his sentence consecutively or in declining to suspend the fine, we affirm his sentence.

            Appeal from the Iowa District Court for Warren County, Timothy O'Grady, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (12 pages)

            Terry Butler appeals from the district court’s grant of summary judgment dismissing his claims against Wells Fargo Bank, N.A. and David Erikson.  OPINION HOLDS: The district court correctly concluded Butler’s claims were barred by issue and claim preclusion.  Butler’s abuse-of-process claim also failed because he failed to provide evidence the defendants used the legal process for an improper purpose.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vogel, C.J.  (5 pages)

            Richard Coberly appeals from the grant of summary judgment in favor of Carolyn Mils and Lisa Green after the district court found his petition was barred by claim preclusion.  OPINION HOLDS: Because Richard did not assert a defense that his debt was paid in the prior small claims action, we agree with the district court that his repackaged claim of fraud and conversion of funds is barred by claim preclusion.  Summary judgment was appropriate, and we therefore affirm.