Filed Mar 06, 2019
View Opinion No. 18-0408
View Summary for Case No. 18-0408
Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Scott, S.J. Opinion by Vogel, C.J. (3 pages)
Franklin Harris appeals his convictions and sentence for operating while intoxicated, third offense, and driving while his license is revoked. He asserts his trial counsel was ineffective for failing to object to the trial information, conduct proper discovery, and properly use plea negotiations. OPINION HOLDS: The trial information adequately alerted Harris to the nature of the arresting officer’s expected testimony; therefore, his counsel was not ineffective for failing to object to the trial information. We affirm his convictions and preserve his ineffective-assistance claims related to discovery and plea negotiations for possible postconviction relief.
Filed Mar 06, 2019
View Opinion No. 18-0409
View Summary for Case No. 18-0409
Appeal from the Iowa District Court for Madison County, Richard B. Clogg, Judge. AFFIRMED AS MODIFIED. Heard by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Potterfield, P.J. (20 pages)
Mary Sterner appeals from the decree dissolving her marriage to Robert Sterner Jr. Mary challenges a number of provisions in the decree, including those involving spousal support; the division of farmland; setting aside Robert’s inheritance as non-marital; the determination Mary’s personal injury awards were marital property; the filing of their 2016 taxes; and Robert’s bonus and retirement contributions from 2017—the year of the dissolution. Additionally, she asks for an award of appellate attorney fees. Robs asks that we affirm the decree, deny Mary’s request for appellate attorney fees, and award him fees instead. OPINION HOLDS: Because we agree with Mary that Robert should not be allowed to offset the entire amount of his inheritance, we adjust the equalization payment Robert owes to Mary to $55,323. Additionally, we amend Robert’s monthly spousal-support obligation to $4000 until Mary reaches the age of sixty-five—unless she remarries or dies before that time. We otherwise affirm the district court’s dissolution decree. We decline to award either party appellate attorney fees.
Filed Mar 06, 2019
View Opinion No. 18-0522
View Summary for Case No. 18-0522
Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING. Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Danilson, S.J. (23 pages)
Toby Richards appeals from judgment and sentences imposed upon his convictions for domestic abuse assault, third or subsequent offense; domestic abuse assault by strangulation; and possession of a firearm by a domestic violence offender. He asserts the trial court erred in allowing bodycam video of the complaining witness under the excited-utterance exception to the hearsay rule. He also contends the court abused its discretion in allowing evidence of his prior bad acts. He argues there in insufficient evidence to sustain the convictions, the court erred in failing to give his requested instruction about expert-witness testimony, and his confrontation rights were violated. Richards also challenges the sentences imposed. OPINION HOLDS: We find no error in the admission of the bodycam video and no abuse of discretion as to admission of prior bad acts on the grounds asserted. We find sufficient evidence to sustain the convictions of domestic abuse assault, third or subsequent offense, and domestic abuse assault by strangulation. However, we find there is insufficient evidence of possession of a firearm to sustain that conviction. The district court did not abuse its discretion in denying Richards’ proposed instruction as to expert-witness testimony. Because we reverse the conviction on count 3, we remand for resentencing, at which time Richards may assert his request that he be allowed to serve his sentences for prior offenses concurrently with the sentences for the instant convictions.
Filed Mar 06, 2019
View Opinion No. 18-0529
View Summary for Case No. 18-0529
Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (4 pages)
Michelle Brewer appeals her conviction for operating while intoxicated. OPINION HOLDS: We find substantial evidence in the record supports her conviction. We affirm Brewer’s conviction.
Filed Mar 06, 2019
View Opinion No. 18-0545
View Summary for Case No. 18-0545
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. AFFIRMED. Heard by Potterfield, P.J., and Tabor and McDonald, JJ. Opinion by Potterfield, P.J. (11 pages)
C.M.-G., appeals the juvenile court’s termination of her parental rights to her biological child, Z.M., in a private termination action. The juvenile court terminated C.M.-G.’s parental rights pursuant to Iowa Code section 600A.8(1) (2017), which allows the court to terminate when the parent signed a release of custody and the release has not been revoked. C.M.-G maintains she revoked her release of custody within the ninety-six hours contemplated by Iowa Code section 600A.4(4). Alternatively, she maintains the juvenile court should have allowed her to revoke the release after the ninety-six hours elapsed because she established good cause for the revocation. She contends she demonstrated good cause because (1) the release was obtained by fraud, coercion, or misrepresentation of law or fact and (2) she did not understand the release at the time she signed it. Finally, C.M.-G argues the court should not have granted the petition to terminate her parental rights because it is not in Z.M.’s best interests. OPINION HOLDS: C.M.-G has not met her burden to prove she revoked her release of custody within the statutorily-prescribed window or that there was good cause to do so afterward. Because her release of custody is not revoked and it is in the best interests of Z.M., we affirm the termination of C.M.-G.’s parental rights to the child.
Filed Mar 06, 2019
View Opinion No. 18-0555
View Summary for Case No. 18-0555
Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by McDonald, J. (7 pages)
Lonnie Richardson appeals his convictions for driving while barred, alleging his counsel provided ineffective assistance. OPINION HOLDS: Counsel did not provide ineffective assistance by failing to ensure that Richardson’s waiver of his right to a jury trial was knowing, intelligent, and voluntary; failing to move for judgment of acquittal; or failing to assert a necessity defense.
Filed Mar 06, 2019
View Opinion No. 18-0583
View Summary for Case No. 18-0583
Appeal from the Iowa District Court for Butler County, Rustin T. Davenport, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Tabor, P.J. (10 pages)
Russell Newhall challenges the probate court’s ruling on his motion to enforce a settlement agreement with his sister Marcia Roll dividing property from their mother’s estate, arguing because he received the grain bins under the agreement, the grain inside the bins belonged to him. OPINION HOLDS: Because the court properly applied contract principles in resolving the dispute, we affirm.
Filed Mar 06, 2019
View Opinion No. 18-0620
View Summary for Case No. 18-0620
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (8 pages)
Joseph Brekke appeals his convictions for operating while intoxicated and possession of controlled substances. OPINION HOLDS: We find substantial evidence supports each conviction and affirm the district court.
Filed Mar 06, 2019
View Opinion No. 18-0635
View Summary for Case No. 18-0635
Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by Mullins, J. (6 pages)
A jury convicted Kevin McGee of third-degree sexual abuse and possession of a firearm as a felon. The jury also made a conclusion sufficient for application of the minimum sentence contained in Iowa Code section 902.7 (2017)—that McGee represented he had a firearm at the time he committed the crime of sexual abuse. On appeal, McGee challenges the sufficiency of the evidence as to the possession charge and the jury’s finding that he represented he had a firearm when he committed sexual abuse. OPINION HOLDS: We conclude the evidence was sufficient. We therefore affirm the denial of McGee’s motions for judgment of acquittal and, consequently, his convictions and sentences.
Filed Mar 06, 2019
View Opinion No. 18-0653
View Summary for Case No. 18-0653
Appeal from the Iowa District Court for Polk County, David May, Judge. AFFIRMED. Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Vaitheswaran, J. (5 pages)
Kent Welsh appeals from an adverse jury verdict in his civil suit against the defendants, claiming the district court abused its discretion in (1) disallowing a telephone deposition; (2) excluding evidence of Lithia’s rating with the Better Business Bureau; and (3) excluding evidence of reviews and complaints filed with the Better Business Bureau. OPINION HOLDS: We discern no abuse of discretion in the court’s rulings. We affirm the jury verdict and the judgment in favor of the defendants.
Filed Mar 06, 2019
View Opinion No. 18-0663
View Summary for Case No. 18-0663
Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Vogel, C.J. (6 pages)
Jyothsna Madhamanchi appeals from the child custody, spousal support, and attorney fee provisions of the decree dissolving her marriage to Madhu Dandamudi. She asserts the district court should have placed their child in her physical care or it should have ordered additional visitation, communication, and transportation for the child. She also requests increased spousal support, trial attorney fees, and appellate attorney fees. OPINION HOLDS: Placing weight on the district court’s findings of credibility, we affirm the decree and decline to award appellate attorney fees.
Filed Mar 06, 2019
View Opinion No. 18-0675
View Summary for Case No. 18-0675
Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge, and Joel W. Barrows, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Blane, S.J. Opinion by Vogel, C.J. (2 pages)
Toby Richards appeals from his conviction for driving while barred as a habitual offender. He asserts his counsel was ineffective for failing to memorialize the terms of his plea agreement on the record, failing to adequately explain the plea agreement, and allowing the State to violate the plea agreement in sentencing. OPINION HOLDS: On the record before us, we affirm Richards’s conviction but preserve his ineffective-assistance claims for possible postconviction relief.