November 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  AFFIRMED ON APPEAL; REVERSED AND REMANDED ON CROSS-APPEAL.  Heard by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  Partial Dissent by May, J.  (24 pages)

            This case involves the aftermath of the discontinuance of the City of Mount Union.  Dan and Linda Johnson appeal from the district court’s order granting summary judgment to the plaintiffs declaring the Johnsons’ money judgment void for lack of personal and subject matter jurisdiction.  The plaintiffs cross-appeal the district court’s granting of the motion to dismiss filed by the City Development Board of the State of Iowa (Board).  OPINION HOLDS: We find summary judgment was properly granted to the plaintiffs, as the judgment entered is void due to the judgment being entered against an entity that no longer exists.  Because there is a conceivable state of facts under which the plaintiffs might show a right of recovery on their claims for declaratory relief against the Board, the dismissal of such claims is reversed and the case is remanded for further proceedings on those claims.  PARTIAL DISSENT ASSERTS: I agree with the majority that we should affirm the district court’s grant of summary judgment.  I would also affirm the district court's grant of the motion to dismiss.  As to that issue, I respectfully dissent.

            Appeal from the Iowa District Court for Jefferson County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Tyler Webster appeals the district court’s denial of his postconviction-relief application, contending trial counsel rendered ineffective assistance of counsel.  OPINION HOLDS: We affirm the denial of Webster’s postconviction-relief application.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, William P. Kelly, and Jeffrey D. Farrell, Judges.  CONVICTIONS AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (17 pages)

            Scott Chatman appeals his convictions for first-degree robbery, first-degree burglary, and assault causing bodily injury.  He argues: 1) the district court violated his due process and statutory rights related to competency; 2) his trial counsel was ineffective; and 3) the State did not present substantial evidence he committed the crimes.  He also challenges the court’s sentencing decision.  OPINION HOLDS: On our de novo review, we reject Chatman’s competency claims and preserve his ineffective-assistance-of-counsel claims for possible postconviction-relief proceedings.  Because we find substantial evidence supports the jury’s verdicts, we affirm Chatman’s convictions.  As for his sentencing claim, we remand for resentencing.

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Tabor, J., takes no part.  Opinion by Mullins, P.J.  (6 pages)

            Clint Roe appeals an order for victim restitution, challenging the sufficiency of the evidence to support the award.  OPINION HOLDS: Finding substantial evidence to support the court’s award of restitution for the challenged items, we affirm.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Gamble, S.J.  Opinion by Mullins, P.J.  (4 pages)

            Jerimiah Quinn appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm the denial of Quinn’s application for postconviction relief. 

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Doyle, P.J., Tabor, J., and Scott, S.J.  Opinion by Doyle, P.J.  (5 pages)

            Terrace Perkins appeals the denial of his application for postconviction relief (PCR).  On appeal, he argues his trial counsel provided ineffective assistance in orally arguing an erroneous sufficiency-of-the-evidence standard instead of the appropriate weight-of-the-evidence standard in support of Perkins’s motion for new trial.  In denying the application, the PCR court determined Perkins failed to prove both the breach of duty and prejudice elements.  OPINION HOLDS: We agree with the PCR court’s conclusions and affirm.   

            Appeal from the Iowa District Court for Louisa County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Trequan Cosgrove appeals the district court order denying his motion to dismiss the criminal charges against him on speedy trial grounds.  Cosgrove argues the State failed to bring him to trial in violation of his speedy trial rights under Iowa Rule of Criminal Procedure 2.33.  OPINION HOLDS: The district court did not abuse its discretion by denying Cosgrove’s motion to dismiss because Cosgrove waived his rights to a speedy trial, as evidenced by defense counsel’s active participation in choosing the date of trial.  We affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (10 pages)

             Johnson appeals the denial of his third application for postconviction-relief, claiming he received ineffective assistance of counsel when his trial attorney failed to object to portions of the prosecutor’s cross-examination of the defense expert psychiatrist.  The State provides as an alternative ground to affirm the PCR court’s denial of Johnson’s PCR application that Johnson’s claim regarding the cross-examination of the defense psychiatrist was time-barred.  OPINION HOLDS: We find the district court should have dismissed the entirety of Johnson’s third PCR application as time-barred. 

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J. (7 pages)

            Mitchell Ohland appeals his criminal conviction, challenging the denial of his motion to suppress.  OPINION HOLDS: We conclude the traffic stop was permissible as based on a violation of Iowa Code section 321.388 (2019).  We affirm the denial of Ohland’s motion to suppress and his conviction of driving while barred as a habitual offender.

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., Mullins, J., and Vogel, S.J.  Opinion by Doyle, P.J.  (10 pages)

            Joseph Gifford appeals and Leia Gifford cross-appeals the provisions of the decree dissolving their marriage.  OPINION HOLDS: I. Because a partial stipulation the parties signed before Leia was represented by counsel does not aid in our resolution of the issues, we exclude it from our review.  II. By granting physical care to Joe with extraordinary visitation to Leia, the court sought to balance these parents’ ability to communicate and cooperate, safety concerns, and the need to maximize the children’s contact with both parents.  III. We decline Joe’s request to require that Leia move out of the marital home while it awaits sale.  IV. In considering the totality of Leia’s financial status, we decline to award her spousal support.  V. The evidence does not support a finding that Joseph dissipated marital assets.  VI. We decline to award either party appellate attorney fees and assess costs of the appeal equally to both parties.

            Appeal from the Iowa District Court for Henry County, Mary Ann Brown and John M. Wright, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (7 pages)

            Jeffrey Hummell appeals his conviction for possession of methamphetamine, second offense, contending the State failed to prove beyond a reasonable doubt that he knowingly or intentionally possessed the controlled substance.  OPINION HOLDS: Because we find the State presented sufficient evidence from which a jury could reasonably infer that Hummell had knowledge the items in his pocket contained methamphetamine, we affirm his conviction. 

            Appeal from the Iowa District Court for Dallas County, Michael K. Jacobsen, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (4 pages)

            Robert Wood Jr. appeals from the decree dissolving his marriage to Sarah Wood, challenging the district court’s decision to place physical care of their children to Sarah.  Robert requests physical care of the children or, in the event we affirm the court’s physical care decision, additional parenting time.  He also challenges the court’s attorney fee award to Sarah.  OPINION HOLDS: We find the district court’s factual determinations are supported by the record and affirm the physical care decision and attorney fee award.  We deny the parties’ requests for appellate attorney fees.