2019 Archive | Court of Appeals Court Opinions

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

            Omar Montalvo Nunez appeals his conviction for willful injury causing serious injury.  OPINION HOLDS:  We find Nunez has not preserved error on his claim concerning the use of a key witness to translate during an interview with the victim.  We conclude there is substantial evidence in the record to support Nunez’s conviction for willful injury causing serious injury based on a finding he aided and abetted his brother while the brother was stabbing the victim.  We affirm Nunez’s conviction.

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

            Thomas Morris appeals the district court’s denial of his application for postconviction relief (PCR) alleging counsel was ineffective for failing to file a motion in arrest of judgment following his guilty plea to second-degree theft.  OPINION HOLDS: Because Morris pointed to no inadequacy in the plea proceeding and the record lacks support for Morris’s claim he expressed a wish to withdraw his guilty plea, we affirm the denial of PCR.

            Appeal from the Iowa District Court for Shelby County, Timothy O'Grady, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Karen Christoffersen appeals the probate court’s denial of her amendment to the report and inventory of the estate of her late husband, David.  David’s sister, Shirley, made a claim for repayment of loans to David.  Shirley contended Karen paid her own debts from the estate and amended the report and inventory to defeat Shirley’s claim.  The district court agreed—finding Karen engaged in self-dealing and refused to approve the amendment.  Karen appeals.  OPINION HOLDS: Because the probate court properly applied provisions of Iowa Probate Code chapter 633 (2017), we affirm the self-dealing determination.  We slightly modify the ruling rejecting the amended report and inventory to allow the correction of the genuine inaccuracies in the original report.  We affirm the ruling as modified and remand for further proceedings. 

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Carr, S.J.  Opinion by Vaitheswaran, J.  (8 pages)

            Jose Manuel Cruz Ordonez appeals the district court’s denial of his motion to suppress evidence uncovered during a field sobriety test and the court’s subsequent finding of his guilt of operating a motor vehicle while intoxicated (first offense), raising constitutional claims of a violation of his right against self-incrimination and his freedom from unreasonable searches and seizures.  DISPOSITION HOLDS: We affirm the district court’s denial of Cruz Ordonez’s suppression motion and Cruz Ordonez’s conviction, judgment, and sentence for operating a motor vehicle while intoxicated (first offense).

            Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (8 pages)

            Jose Domingo Mendez appeals his convictions for possession with intent to deliver methamphetamine with a firearm enhancement, failure to affix a drug tax stamp, criminal gang participation, and carrying a weapon.  OPINION HOLDS: We find substantial evidence supports the jury’s verdicts.  We affirm all four convictions.

            Appeal from the Iowa District Court for Iowa County, Ian K. Thornhill, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (10 pages)

            James Heal appeals the entry of a civil money judgment, challenging the district court’s conclusion that he was grossly negligent in storing and caring for items under a gratuitous bailment belonging to a Brian Anderson.  Anderson requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s entry of judgment in part, reverse it in part, and remand the matter to the district court for entry of judgment against Heal and in favor of Anderson in the amount of $37,485.23, plus interest in accordance with law, and an order for Heal to return to Anderson the items he is not liable for converting.  Anderson’s request for appellate attorney fees is denied.  Costs on appeal are taxed equally between the parties.

            Appeal from the Iowa District Court for Buchanan County, Joel Dalrymple, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (14 pages)

            A defendant appeals the district court’s denial of his motion for new trial in this negligence action.  He seeks a new trial on the basis of basis of (1) testimonial references to an insurance company, (2) the court’s classification of certain witnesses as experts, (3) witness testimony regarding the reasonableness of Jerry’s conduct, (4) the court’s refusal to permit certain testimony, and (5) the theories of negligence presented to the jury.  The plaintiff cross-appeals, seeking interest on the jury award to begin on the date of the negligent conduct.  OPINION HOLDS: References to an insurance company did not violate Iowa Rule of Evidence 5.411 or a ruling on a motion in limine because no reference implied the defendant was insured or referred to liability insurance.  The expert witnesses were properly classified as such due to their extensive experience.  Witness testimony did not opine to a legal conclusion.  Testimony regarding the conduct of an observer was properly excluded as irrelevant.  The theories of negligence submitted to the jury were sufficiently supported by the evidence presented.  The district court did not err in denying the motion for new trial.  Because the damage to the property was complete on the day of the negligent conduct, statutory interest should begin accruing from the date of the negligent act, and the district court erred in denying the plaintiff’s motion for interest to accrue from the date of the negligent act.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Scott, S.J.  Opinion by Potterfield, P.J.  (4 pages)

            Michael Roach appeals the summary dismissal of his fourth application for postconviction relief (PCR) challenging his 2004 convictions for murder in the second degree and robbery in the first degree.  Roach maintains the 2017 “stand your ground” law is to be applied retroactively, and he asks us to remand for a determination of whether the new law applies to the facts of his case.  OPINION HOLDS: The new law is a substantive change, which we do not apply retroactively.  Thus, Roach’s PCR application is untimely, and we affirm the summary dismissal of it.

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, District Associate Judge.  CONVICTIONS AFFIRMED IN PART, REVERSED IN PART, AND REMANDED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, P.J., Bower, J., and Scott, S.J.  Opinion by Scott, S.J. (17 pages)

            Anthony Gomez appeals his convictions of (1) third-degree sexual abuse, (2) willful injury causing bodily injury, (3) domestic abuse assault causing bodily injury by impeding breathing or circulation, (4) domestic abuse assault causing bodily injury or mental illness, and (5) third-degree theft.  He also challenges the imposition of consecutive sentences on counts one and two.  Specifically, he argues (1) his counsel rendered ineffective assistance in failing to (a) request definitional jury instructions in relation to the willful-injury charge and the two domestic-abuse-assault charges and (b) object to hearsay testimony relative to the theft charge; (2) the evidence was insufficient to support all charges; and (3) the court improperly failed to provide reasons for imposing consecutive sentences.  OPINION HOLDS: We find defense counsel rendered ineffective assistance in failing to request a definitional jury instruction relative to the final element of each of the domestic-abuse-assault charges.  As such, we vacate the sentences and reverse judgment and conviction on counts three and four and remand for a new trial on those charges.  We find Gomez was not prejudiced by counsel’s failures to request a jury instruction defining serious injury in relation to the willful-injury charge or object to alleged hearsay evidence in relation to the theft charge.  We reject Gomez’s claim of cumulative error.  We find the evidence sufficient to support Gomez’s convictions of third-degree sexual abuse, willful injury causing bodily injury, and third-degree theft.  We find the record is insufficient to allow appellate review of the district court’s discretionary action in imposing consecutive sentences on counts one and two.  As such, we vacate only the portion of the sentencing order imposing consecutive sentences, and we remand the matter to the district court.  On remand, the district court should determine whether the sentences should run consecutively or concurrently and provide reasons for its decision.  Finally, having found Gomez’s ineffective-assistance argument concerning the weight of the evidence insufficient to facilitate our review, we preserve that claim for postconviction-relief proceedings.  

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J. (4 pages)

            Larry Gross appeals the district court decision requiring him to pay a room and board reimbursement fee for time he spent in jail.  OPINION HOLDS:  We conclude the district court did not err in approving the Polk County Sheriff’s application for reimbursement without making a finding Gross had a reasonable ability to pay.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (4 pages)

            Shelby Vogt appeals the district court’s dismissal of his petition in a landlord-tenant dispute.  OPINION HOLDS: Vogt did not name as a defendant the corporate owner of the apartment building and did not file a motion to amend the petition.  We affirm the district court’s decision granting the motion to dismiss.

            Appeal from the Iowa District Court for Jasper County, Thomas W. Mott, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Scott, S.J.  Opinion by Doyle, P.J.  (7 pages)

            D.C. appeals from the dispositional orders placing him in the custody of Juvenile Court Services for placement in residential treatment foster care.  OPINION HOLDS: Because we hold placing D.C. in the custody of Juvenile Court Services for placement in residential treatment foster care was proper and the least restrictive alternative, we affirm the decision of the district court.