2019 Archive | Court of Appeals Court Opinions

            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.

            Appeal from the Iowa District Court for Clay County, Patrick M. Carr (suppression) and Nancy L. Whittenburg (trial), Judges.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Carr, S.J., takes no part.  Opinion by Mullins, J.  Special concurrence by Tabor, P.J.  (18 pages)

            Austin Muilenburg appeals his convictions of three drug-related crimes following a trial on the minutes of evidence.  He argues: (1) the district court erred in denying his motion to suppress evidence, contending the warrant was unsupported by probable cause; (2) his trial counsel rendered ineffective assistance in failing to challenge the probable cause supporting the warrant, specifically the qualifications of the police officer who applied for the warrant; and (3) there was insufficient evidence to support his convictions of possession of cocaine and prescription drugs without a valid prescription.  OPINION HOLDS: We find there was a substantial basis for the issuing magistrate to conclude probable cause existed for the issuance of the search warrant and the search of Muilenburg’s bedroom did not exceed the scope of the warrant.  Accordingly, we affirm the district court’s denial of Muilenburg’s motion to suppress.  We find Muilenburg has not shown he received ineffective assistance of counsel.  We additionally find there is sufficient evidence to support Muilenburg’s convictions for possession of cocaine and prescription drugs without a valid prescription.  SPECIAL CONCURRENCE ASSERTS: I write separately because I disagree with the majority’s assertion that knowledge of the nature of the prescription drugs is not an element of Iowa Code section 155A.21(1) (2017).  The court in State v. Reeves, 209 N.W.2d 18, 23 (Iowa 1973), found proof of unlawful “possession” requires the State to establish the accused knew of the nature of the substance in his or her possession.  I believe the same proof requirement applies to the term “possession” in section 155A.21(1).

            Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  REVERSED AND REMANDED.  Heard by Potterfield, P.J., and Mullins and Bower, JJ.  Opinion by Potterfield, P.J.  (11 pages)

            Timothy Seils challenges the district court’s denial of his motion to suppress following his conviction for operating while intoxicated, third offense.  Seils maintains police officers (1) violated his constitutional rights when they searched his vehicle and (2) improperly invoked implied consent pursuant to Iowa Code section 321J.6 (2017) without satisfying the statutory conditions precedent.  He asks that we reverse the district court’s denial of the motion to suppress and remand for new trial.  OPINION HOLDS:  Because the State failed to prove the implied-consent procedures had been satisfied at the time the trooper invoked Seils’s implied consent, the evidence of Seils’s refusal to test is not admissible.  Additionally, the evidence obtained by the illegal search of Seils vehicle should been suppressed by the district court.  We reverse the district court’s denial of Seil’s motion to suppress the evidence and remand for a new trial without the suppressed evidence.

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Mullins, J., and Danilson, S.J.  Opinion by Danilson, S.J. (10 pages)

            Joshua Sullivan appeals from his conviction on two counts of indecent exposure, each in violation of Iowa Code section 709.9 (2017).  He challenges the sufficiency of the evidence supporting the jury’s findings of guilt and a jury instruction.  OPINION HOLDS: Because there is substantial evidence to support both convictions, and we find no error in the jury instruction given, we affirm.

            Appeal from the Iowa District Court for Tama County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Blane, S.J.  Opinion by Blane, S.J.  (4 pages)

            Michael Francis Watson appeals from his conviction for possession of a controlled substance, to wit: methamphetamine.  He argues trial counsel was ineffective in allowing him to plead guilty without a factual basis that he knowingly possessed methamphetamine because there were no lab reports in the record and the minutes of evidence did not identify the “criminalist” who would have provided relevant testimony.  OPINION HOLDS: We take the minutes of evidence as facts in determining whether a factual basis exists for a plea.  Because we find the record discloses ample evidence to satisfy this element of the offense, trial counsel was not ineffective, and we affirm.