2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Heard by Mullins, P.J., Vogel, C.J., and Vaitheswaran, Doyle, and Tabor, JJ.  Opinion by Mullins, P.J. (10 pages)

            Destiny Brown appeals her convictions of two counts of second-offense possession of a controlled substance, contending the district court erred in denying her motion to suppress evidence obtained as a result of a traffic stop.  She contends the State failed to meet its burden to prove the continued detention following the initial stop of her vehicle was constitutional.  She additionally argues the stopping officer’s failure “to diligently and reasonably investigate the reasonable suspicion for the traffic stop” rendered the continued detention unconstitutional.  OPINION HOLDS: We affirm the denial of Brown’s motion to suppress. 

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            K.E. appeals after being adjudicated a delinquent for theft in the second degree, possession of stolen property, in violation of Iowa Code sections 714.1(1), 714.1(4), and 714.2(2) (2017).  He alleges the State failed to prove the theft occurred within the statute of limitations, trial counsel was ineffective in failing to move for a judgment of acquittal, and there is insufficient evidence K.E. knew the four-wheeler in his possession was stolen.  OPINION HOLDS: The State proved the delinquent act occurred in June 2017, and there is substantial evidence K.E. believed the vehicle in his possession was stolen.  We affirm.

            Appeal from the Iowa District Court for Buchanan County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (5 pages)

            After a bench trial, Joseph Banks was found guilty of lascivious acts with a child, in violation of Iowa Code sections 709.8(1)(a), 709.8(2)(a), and 903B.1 (2016).  He contends the trial court abused its discretion in denying his motion for new trial, asserting the verdict is contrary to the weight of the evidence.  OPINION HOLDS: Finding no abuse of the trial court’s discretion here, we affirm.

            Appeal from the Iowa District Court for Poweshiek County, Annette J. Scieszinski, Judge.  AFFIRMED.  Considered by Vogel, C.J., Tabor, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Hal Runner appeals his restitution order for court-appointed attorney fees, asserting the court used an incorrect standard to determine his ability to pay.  OPINION HOLDS: We find the court properly considered Runner’s ability to pay before ordering restitution at both his sentencing and resentencing hearings.  Therefore, we affirm the restitution order.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED AS MODIFIED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            Shelly Verdoorn appeals the property division in the parties’ dissolution decree.  OPINION HOLDS:  We determine the amount of $93,200.00, representing her interest in a home she owned prior to the marriage, should be set aside to Shelly as her premarital property.  We modify the decree to decrease the property settlement payable from Shelly to Troy Verdoorn.  We affirm the dissolution decree as modified.

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Doyle, P.J., Mullins, J., and Blane, S.J.  Opinion by Mullins, J.  (3 pages)

            Brown Dennis appeals the sentences imposed upon his two misdemeanor theft convictions.  He argues the court abused its discretion in failing to articulate adequate reasons for the sentences imposed.  OPINION HOLDS: The district court abused its discretion in considering a sentencing factor not supported by the record.  Consequently, we vacate the sentences and remand for resentencing.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (11 pages)

            Jon Luckstead appeals the district court judgment finding no compensable taking occurred due to the Iowa Department of Transportation’s relocation of the access point to Luckstead’s property and finding as proper the compensation awarded by the Dubuque County Compensation Commission for two parcels of land.  OPINION HOLDS: We find the district court correctly found the access issue was not a compensable taking and affirm.

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (5 pages)

            Dana Cherry appeals his conviction for driving while barred.  He claims the district court erred in failing to rule on his motion in arrest of judgment prior to sentencing and his counsel was ineffective for failing to ensure the court addressed the motion prior to sentencing.  Cherry also claims the district court abused its discretion by failing to consider the sentence he recommended outside the plea agreement.  OPINION HOLDS: We find Cherry’s motion in arrest of judgment was untimely, preserve the ineffective-assistance claim, and find the sentencing claim is moot.  We affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (11 pages)

            Defendants appeal the district court decision finding there was good cause for the failure of Robert Mrla to timely serve notice of his petition to set aside a will and petition for breach of contract to make a will.  OPINION HOLDS: We find Robert was required to serve notice to the defendants.  The defendants’ petition for declaratory judgment did not waive their claims regarding untimely service of process.  The district court erred in finding Robert showed good cause for the delay in service.  We reverse the decision of the district court and remand.

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

            John Lusk appeals the denial of his application for postconviction relief, for the first time raising claims that his postconviction-relief counsel provided ineffective assistance.  OPINION HOLDS: Lusk’s complaints concerning postconviction counsel do not rise to the level of structural error.  In order to resolve questions concerning the performance of his postconviction counsel, Lusk must file a separate application for postconviction relief promptly following this appeal.

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Bower, JJ.  Opinion by Bower, J. (5 pages)

            Antoine Allen appeals his conviction for first-degree robbery, claiming trial counsel was ineffective for failing to object to an in-court identification and failing to request an instruction on eyewitness identification.  OPINION HOLDS: We affirm the conviction and preserve the ineffective-assistance claims for possible postconviction-relief proceedings.

            Appeal from the Iowa District Court for Grundy County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vogel, C.J.  (9 pages)

            Scott Cooper appeals the grant of summary judgment dismissing his defamation claim against defendants City of Reinbeck, Reinbeck Telecommunications Utility (RTU), and Tim Johnson.  He argues the defendants are not entitled to absolute or qualified privilege on their allegedly defamatory statements contained in their letter prepared for Cooper’s unemployment proceeding and in statements to the RTU board and city council.  OPINION HOLDS: Because Cooper has not shown a genuine issue of material fact as to whether the defendants acted with actual malice or otherwise abused their immunity under qualified privilege, we affirm the district court’s grant of summary judgment.