Filed Mar 20, 2019
View Opinion No. 18-0453
View Summary for Case No. 18-0453
Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Tabor, JJ. Opinion by Vaitheswaran, J. (5 pages)
Marquis Brumfield appeals the denial of his application for postconviction relief arguing ineffective assistance of counsel. OPINION HOLDS: We affirm the postconviction court’s denial of Brumfield’s ineffective-assistance-of-counsel claim and the denial of his postconviction-relief application.
Filed Mar 20, 2019
View Opinion No. 18-0457
View Summary for Case No. 18-0457
Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Potterfield, P.J. (15 pages)
Lawrence Walker appeals from his convictions for sexual abuse in the second degree and lascivious acts with a child. He maintains the district court abused its discretion when it excluded evidence under the rape-shield law. Additionally, he maintains the court erred in allowing the doctor to testify to hearsay that did not fall within the exception for statements for medical diagnosis and that trial counsel provided ineffective assistance by failing to object when a nurse testified to similar improper hearsay testimony. OPINION HOLDS: The district court did not abuse its discretion in excluding evidence based on the rape-shield law. Additionally, the court did not err in admitting Dr. Harre’s testimony about E.W.’s statements pursuant to a hearsay exception. We affirm Walker’s convictions. We preserve his claim of ineffective assistance for possible postconviction relief.
Filed Mar 20, 2019
View Opinion No. 18-0490
View Summary for Case No. 18-0490
Appeal from the Iowa District Court for Hardin County, Gregg R. Rosenbladt, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower, J. (7 pages)
Marcia Roll appeals and Russell Newhall cross-appeals the district court’s taxing half Newhall’s trial and appellate attorney fees against Roll on remand. OPINION HOLDS: We find the court erred in taxing plaintiff’s appellate attorney fees as costs and made no finding as to the reasonableness of Newhall’s trial attorney fees. We reverse the decision of the district court and remand for further proceedings.
Filed Mar 20, 2019
View Opinion No. 18-0526
View Summary for Case No. 18-0526
Appeal from the Iowa District Court for Poweshiek County, Shawn Showers, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J. Opinion by Mahan, S.J. (10 pages)
Gary Elliott appeals following convictions for four counts of second-degree sexual abuse, contending the district court erred when it rejected Elliott’s proposed evidence that the minor victim had been sexually abused before. Alternatively, he argues that his counsel was ineffective for failing to argue the evidence was “constitutionally required” under Iowa Rule of Evidence 5.412 and asks this court to apply a different ineffective-assistance-of-counsel test than contained in existing law. Elliott also asserts trial counsel should have objected to alleged prosecutorial misconduct during the prosecutor’s rebuttal closing argument. OPINION HOLDS: Elliott’s new arguments of relevancy and the constitutional claims that were not presented to the district court are not properly preserved for review. The trial court did not abuse its discretion in excluding the evidence of prior sexual abuse under rule 5.412. We preserve Elliott’s ineffective-assistance-of-counsel claims for possible postconviction-relief proceedings.
Filed Mar 20, 2019
View Opinion No. 18-0560
View Summary for Case No. 18-0560
Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge. AFFIRMED. Considered by Vogel, C.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (4 pages)
Bryce Bishop appeals the judgment and sentence entered after a jury found him guilty of child endangerment resulting in bodily injury. OPINION HOLDS: The trial court properly applied the weight-of-the-evidence standard in ruling on Bishop’s motion for new trial, and his trial counsel was not ineffective in failing to object to the jury instruction concerning his out-of-court statements.
Filed Mar 20, 2019
View Opinion No. 18-0616
View Summary for Case No. 18-0616
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Mullins, J. (10 pages)
Keith Davis Jr. appeals his conviction of one count of sexual abuse in the third degree, following a jury trial. On appeal, he contends his trial counsel was ineffective in failing to: (1) move for a dismissal on speedy-trial-violation grounds and (2) request jury instructions regarding contradictory statements by the complaining witness. OPINION HOLDS: We find no violation of Davis’s right to a speedy trial and Davis was not prejudiced by counsel’s failure to request a specific instruction on inconsistent statements. We therefore deny both of Davis’s claims of ineffective assistance of counsel and affirm his conviction.
Filed Mar 20, 2019
View Opinion No. 18-0624
View Summary for Case No. 18-0624
Appeal from the Iowa District Court for Calhoun County, William C. Ostlund, Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ. Opinion by Vogel, C.J. (10 pages)
Corey Trott appeals the denial of his application for postconviction relief (PCR). He raises multiple ineffective-assistance-of-counsel claims against his trial counsel, appellate counsel, and PCR counsel. In addition, Trott’s pro se brief raises various other issues. OPINION HOLDS: We affirm the district court’s denial of PCR and preserve some of Trott’s ineffective-assistance claims for further postconviction proceedings.
Filed Mar 20, 2019
View Opinion No. 18-0631
View Summary for Case No. 18-0631
Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge. AFFIRMED ON BOTH APPEALS. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (9 pages)
Sherry Dianne Dekeyser appeals part of the property division and award of spousal support and attorney fees in the parties’ dissolution decree. Andrew Pergiel cross-appeals on the allocation of a retirement account. OPINION HOLDS: We affirm the district court’s decree.
Filed Mar 20, 2019
View Opinion No. 18-0693
View Summary for Case No. 18-0693
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Tabor, JJ. Opinion by Vaitheswaran, J. (3 pages)
Patrick Miller Webb Jr. appeals the denial of his application for postconviction relief, arguing ineffective assistance of plea counsel. OPINION HOLDS: On our de novo review, we conclude counsel was not ineffective in handling the suppression issue. We affirm the district court’s denial of Webb’s postconviction-relief application.
Filed Mar 20, 2019
View Opinion No. 18-0694
View Summary for Case No. 18-0694
Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge. APPEAL DISMISSED. Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J. Opinion by Potterfield, P.J. (3 pages)
Michael Lindgren appeals, asserting he had a liberty interest in being placed on work release, rather than in prison, and was thus entitled to a pre-transfer hearing. OPINION HOLDS: Lindgren has since discharged his underlying sentence; his appeal is moot.
Filed Mar 20, 2019
View Opinion No. 18-0725
View Summary for Case No. 18-0725
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Scott, S.J. Opinion by Vaitheswaran, J. (4 pages)
Ramona Brandt appeals following her entry of an Alford plea in relation to a second-degree theft charge, arguing ineffective assistance of counsel. OPINION HOLDS: We affirm Brandt’s plea and her conviction, judgment, and sentence for second-degree theft.
Filed Mar 20, 2019
View Opinion No. 18-0726
View Summary for Case No. 18-0726
Appeal from the Iowa District Court for Scott County, John Telleen, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (5 pages)
Amanda Phillips-Hewitt appeals the district court’s denial and dismissal of her application for order to show cause against Christopher Brekke for his failure to keep current with his child-support obligations. Amanda also challenges the court’s denial of her request for trial attorney fees, and she requests appellate attorney fees. OPINION HOLDS: We affirm the trial court’s dismissal of the contempt action and denial of the request for attorney fees. We decline to award appellate attorney fees. Costs on appeal are assessed to Amanda.