Filed Apr 03, 2019
View Opinion No. 18-0082
View Summary for Case No. 18-0082
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ. Opinion by Vaitheswaran, J. (6 pages)
Jacolby Pendleton appeals the denial of his application for postconviction relief (1) challenging the specificity of the postconviction court’s findings of fact, (2) contending his mandatory minimum sentence constituted cruel and unusual punishment, and (3) arguing his attorneys were ineffective in several respects. OPINION HOLDS: We conclude the postconviction court made fact findings on the issues raised. Pendleton was an adult offender, so his mandatory minimum sentence did not constitute cruel and unusual punishment. In terms of the defendant’s representation by counsel during various phases, we find the sentencing argument unpersuasive; none of Pendleton’s attorneys were ineffective in failing to raise the cruel-and-unusual-punishment claims. We preserve the remaining ineffective-assistance-of-counsel claims for a possible second postconviction-relief action. We affirm the denial of Pendleton’s postconviction-relief application.
Filed Apr 03, 2019
View Opinion No. 18-0140
View Summary for Case No. 18-0140
Appeal from the Iowa District Court for Boone County, Paul G. Crawford, District Associate Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ. Opinion by Vaitheswaran, J. (7 pages)
Bobbi Barden appeals her conviction for possession of methamphetamine, contending the district court erred in denying her motion to suppress evidence retrieved from her purse because she did not consent to the search. OPINION HOLDS: On our de novo review of the record, we agree with the district court that Barden’s consent to the search of her purse was voluntary. We affirm Barden’s judgment, conviction, and sentence for possession of methamphetamine, first offense.
Filed Apr 03, 2019
View Opinion No. 18-0249
View Summary for Case No. 18-0249
Appeal from the Iowa District Court for Jasper County, Thomas W. Mott, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Scott, S.J. Opinion by Vaitheswaran, J. (7 pages)
Dean Ott appeals his conviction and sentence for second-degree theft, arguing it was an abuse of discretion for the district court to prohibit the admission of certain evidence and counsel was ineffective. OPINION HOLDS: We conclude the district court did not abuse its discretion in excluding the witness. We affirm the district court’s exclusion of the proposed evidence of certain legal proceedings. We find the record inadequate to address the claim of ineffective assistance of counsel and preserve it for postconviction relief. We affirm Ott’s judgment and sentence for second-degree theft.
Filed Apr 03, 2019
View Opinion No. 18-0397
View Summary for Case No. 18-0397
Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Potterfield, P.J. (7 pages)
Cameron Singleton appeals from judgment and sentence imposed upon his convictions for first-degree burglary, stalking in violation of a protective order, and eluding. He contends his trial counsel was ineffective in failing to challenge the habitual offender stipulation colloquy; the court violated his due process rights and abused its discretion when it considered risk-assessment information contained in the presentence investigation report; and the court erred in stating he may be assessed attorney fees on appeal. OPINION HOLDS: Singleton’s claim of ineffective assistance of counsel fails for lack of prejudice. He did not raise the due process challenge below and we do not address it here. However, because the district court entered a restitution order without a finding of reasonable ability to pay, we reverse the part of the sentencing order regarding restitution and remand.
Filed Apr 03, 2019
View Opinion No. 18-0450
View Summary for Case No. 18-0450
Appeal from the Iowa District Court for Polk County, David N. May, Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ. Opinion by Vogel, C.J. (6 pages)
Perry Fischer appeals the summary judgment ruling to dismiss his application for postconviction relief. He argues summary judgment was inappropriate as there were genuine issues of material fact, and he asserts his claims are not time-barred, despite the sixteen-year period between conviction and the application. In addition, Fischer raises ineffective-assistance claims against his trial counsel and postconviction counsel. OPINION HOLDS: We conclude summary judgment was appropriate because Fischer’s claims are not within the three-year statute of limitations and no exception applies. Additionally, we find Fischer’s ineffective-assistance claims against trial counsel are time-barred and he failed to prove postconviction counsel was ineffective.
Filed Apr 03, 2019
View Opinion No. 18-0495
View Summary for Case No. 18-0495
Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. AFFIRMED AND REMANDED WITH DIRECTIONS. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Considered on rehearing by Doyle, P.J., and Mullins and Bower, JJ. Opinion by Doyle, P.J. (6 pages)
The appellant appeals the district court’s ruling affirming an adverse agency decision. OPINION HOLDS: The appellant has failed to preserve error on a freedom-of-association claim that it never raised in the district court. Although an at-will employment relationship existed, the Iowa Civil Rights Act prohibits unlawful discrimination against an employee based on the employee’s age. Because there is substantial evidence in the record that appellant discriminated against employees because of their ages, we affirm the district court ruling. We affirm the district court’s ruling that affirmed the agency’s award of attorney fees incurred by Kelly and Fishnick through September 13, 2016. We remand for a hearing concerning an award to Kelly and Fishnick for reasonable attorney fees, including appellate attorney fees, incurred after September 13, 2016.
Filed Apr 03, 2019
View Opinion No. 18-0573
View Summary for Case No. 18-0573
Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge. ORDER VACATED. Considered by Vogel, C.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (9 pages)
Morgan Whalen appeals the district court ruling granting Douglas Whalen’s motion to reconsider provisions of the parties’ dissolution decree. OPINION HOLDS: Because the court’s order did not constitute a proper nunc pro tunc order, the district court lacked jurisdiction to grant Douglas’s untimely posttrial motion, and we reverse and vacate the district court’s
Filed Apr 03, 2019
View Opinion No. 18-0659
View Summary for Case No. 18-0659
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge, and Mark R. Fowler, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., Bower, J., and Mahan, S.J. Opinion by Mahan, S.J. (5 pages)
Rodney Beck appeals from his convictions for driving while barred and driving while suspended, contending his trial counsel was ineffective and the court abused its sentencing discretion. OPINION HOLDS: Beck has failed to prove counsel was ineffective. We are able to discern the court’s reasons for the sentence imposed and, thus, find no abuse of discretion.
Filed Apr 03, 2019
View Opinion No. 18-0712
View Summary for Case No. 18-0712
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. REVERSED AND REMANDED. Heard by Potterfield, P.J., and Tabor and McDonald, JJ, but Decided by Potterfield, P.J., and Tabor and Mullins, JJ. Opinion by Tabor, J. (18 pages)
Michael Niday challenges the district court’s affirmance of the workers’ compensation commissioner’s denial of his petition for benefits on the basis the commission lacked jurisdiction. OPINION HOLDS: Because we find the commissioner erroneously concluded the last act necessary for formation of a contract was fulfillment of conditions precedent within the contract, we reverse.
Filed Apr 03, 2019
View Opinion No. 18-0755
View Summary for Case No. 18-0755
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Tabor, P.J. (11 pages)
Derrick Moore appeals his convictions for burglary in the first degree, harassment in the third degree, domestic abuse assault causing bodily injury, and possession of marijuana. He contends the State failed to offer sufficient evidence to support his convictions and he was prejudiced by trial counsel’s subpar performance. OPINION HOLDS: Finding the State offered substantial evidence of burglary and drug possession, we affirm those convictions. Finding Moore failed to preserve error on his challenges to the remaining counts, we decline to disturb the jury verdicts. Finally, because Moore needs to further develop the record on his allegations of ineffective assistance of counsel, we preserve those claims for possible postconviction-relief proceedings.
Filed Apr 03, 2019
View Opinion No. 18-0832
View Summary for Case No. 18-0832
Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Potterfield, P.J. (4 pages)
The district court ordered Matthew Reynolds to serve three concurrent sentences for a total term of incarceration not to exceed fifteen years. On appeal, Reynolds maintains the court abused its discretion by imposing a term of incarceration rather than granting his request for probation. OPINION HOLDS: Although the district court did not accept Reynolds’s claims that he could be successful in achieving sobriety if granted probation, Reynolds has not established that the sentence imposed by the court was based on grounds or for reasons clearly untenable, nor was its choice clearly unreasonable under the circumstances. Thus, we affirm the sentence imposed by the district court.
Filed Apr 03, 2019
View Opinion No. 18-0848
View Summary for Case No. 18-0848
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Considered by Doyle, P.J., Mullins, J., and Carr, S.J. Opinion by Doyle, P.J. (5 pages)
Eric Byizaca appeals the judgment and sentence entered after he pled guilty to one count of dependent adult abuse. OPINION HOLDS: Because the record shows a factual basis and Byizaca does not have standing to challenge the offense as unconstitutionally vague, he has failed to prove his trial counsel was ineffective for allowing him to enter his plea.