October 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (9 pages)

            In this postconviction-relief (PCR) appeal, Shawn Lee contends his trial counsel and PCR counsel were ineffective.  OPINION HOLDS: After a de novo review, we find no merit to Lee’s arguments against his trial counsel.  Because the record is inadequate to allow us to decide whether PCR counsel breached a duty and whether prejudice resulted, we cannot resolve this new claim on appeal. We affirm the PCR court’s order denying Lee relief.  

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Michael Eugene Horlas appeals the denial of his application for postconviction relief, contending his sentence of life imprisonment amounts to cruel and unusual punishment in violation of the Eight Amendment to the United States Constitution and Article I, section 17 of the Iowa Constitution.  OPINION HOLDS: We find no Iowa case law that supports Horlas’s argument to extend the holding of Atkins v. Virginia, 536 U.S. 304, 321 (2002)—finding it unconstitutional to impose the death penalty on intellectually disabled defendants—to mentally-ill persons serving a life sentence.

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Associate Probate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (14 pages)

            At issue is whether a document Craig Sandahl signed the day before his death is an amendment to the Sandahl Trust 2017 (“Trust”) or a letter of instruction to his estate planning attorneys.  OPINION HOLDS: We find the October 13, 2017, document to be ambiguous and void for vagueness.  And after reviewing the record, we, like the district court, do not find persuasive extrinsic evidence to resolve the multiple ambiguities within the document.  Thus, we agree with the district court that the October 13, 2017, document is not an amendment to the Sandahl Trust 2017.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (7 pages)

            Marcus Gamblin appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: Gamblin claims he was entitled to relief because (1) trial counsel elicited testimony about the mandatory minimum sentence for first-degree robbery; and (2) there was a typographical error in the jury instructions.  We disagree.  The district court was right to dismiss Gamblin’s PCR application.

            Appeal from the Iowa District Court for Monona County, Julie Schumacher, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Schumacher, J., takes no part.  Opinion by Doyle, P.J.  (3 pages)

            Randy Lee appeals his convictions on two counts of third-degree sexual abuse.  OPINION HOLDS: Under Iowa Code section 814.28 (2019), we may affirm a general verdict of guilt if the one of the alternative theories is supported by the evidence.  Lee challenges only one of the theories submitted to the jury, and ample evidence supports a finding of guilt on other theories.  We affirm.

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (16 pages)

            Chase Wilson appeals his conviction for assault with intent to commit sexual abuse.  On appeal, Wilson claims multiple errors, including (1) various forms of ineffective assistance of counsel; (2) the admission of a police interview Wilson gave; (3) the district court’s refusal to admit certain deposition testimony; (4) the district court’s refusal to admit certain testimony by Wilson’s mother; and (5) the admission of portions of a forensic interviewer’s testimony.  OPINION HOLDS: On our own motion, we find we do not have jurisdiction to address Wilson’s ineffective-assistance-of-counsel claims on this direct appeal.  The district court correctly held Wilson’s interview at the police station was not custodial and that the State met its burden to show Wilson gave the interview voluntarily.  Wilson failed to meet his burden of establishing unavailability, so there was no error in refusing to admit D.B.’s deposition testimony in lieu of his live testimony.  The district court did not abuse its discretion in refusing to admit portions of the mother’s testimony.  And the district court did not abuse its discretion by overruling Wilson’s objections to the forensic interviewer’s testimony.  We affirm.

            Appeal from the Iowa District Court for Benton County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Ryan Wieneke appeals the sentence imposed following his guilty plea to the charge of domestic abuse assault while displaying a dangerous weapon.  Wieneke argues the district court abused its discretion by considering facts outside the record, as evidenced by a remark the district court made when sentencing him.  OPINION HOLDS: The district court did not rely on an improper factor when sentencing Wieneke.  We affirm.

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Christopher Seehase appeals the child custody and property distribution provisions of the decree dissolving his marriage to Ashley Seehase, contending shared care is not in the children’s best interests and objecting to the division of assets and liabilities.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Henry County, Clinton R. Boddicker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            A mother appeals the juvenile court order denying her petition to terminate a father’s parental rights to three minor children.  On appeal, the mother (1) objects to the juvenile court’s ruling admitting various exhibits offered by the father and (2) argues the father abandoned the children within the meaning of Iowa Code section 600A.8 (2019) because the father failed to maintain contact with the children.  OPINION HOLDS: The juvenile court did not abuse its discretion in admitting the exhibits.  The mother prevented the father from visiting or maintaining contact with the children.  Therefore, she failed to meet her burden to prove the father abandoned the children within the meaning of Iowa Code section 600A.8(3).  We affirm.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Greer, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A mother, Louise, appeals the termination of her parental ties to her daughter, contending the record included insufficient evidence to show she lacked the ability to respond to services and termination is not in the child’s best interests.  OPINION HOLDS: Because the record shows Louise’s lack of insight into her involvement with unsafe individuals and her inability to benefit from substance‑abuse treatment, we find clear and convincing evidence to allow termination under Iowa Code section 232.116(1)(g) (2020).  Placing emphasis on the child’s safety, we also find termination is in the child’s best interests.  We affirm. 

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  REVERSED AND REMANDED.  Considered by Mullins, P.J., Schumacher, J., and Blane, S.J.  Tabor, J., takes no part.  Opinion by Schumacher, J.  (14 pages)

            The State and intervenors appeal the juvenile court order removing the Iowa Department of Human Services (DHS) as the guardian of a minor child.  OPINION HOLDS: The intervenors did not preserve error on their due process claims.  We find the foster parents did not show DHS acted unreasonably or irresponsibly, or that removing DHS as the guardian was in the child’s best interests.  We reverse the decision of the juvenile court and remand for further proceedings.

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A father appeals the juvenile court’s decision to terminate his parental rights to his two sons after four years of the involvement of the Iowa Department of Human Services (DHS).  He contends 1) the children could have returned to his care in six months, 2) the State failed to make reasonable efforts to reunite his family, and 3) a guardianship is the better alternative.  OPINION HOLDS: Because the DHS has been involved with his family for over four years and has already made numerous efforts for reunification, we find no merit to his claims now.  And because of the children’s need for permanency, we do not prefer placing them in a guardianship.  We affirm.