Filed Feb 05, 2020
View Opinion No. 18-0511
View Summary for Case No. 18-0511
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. AFFIRMED. Heard by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Greer, J. (22 pages)
David Levy Jr. appeals from his convictions of murder in the second degree and felon in possession of a firearm. Levy claims trial counsel provided ineffective assistance by failing to object to 1) multiple portions of the trial being closed to the public, 2) a jury instruction—based on a model instruction—advising the jury it could consider Levy’s out-of-court statements “just as if they had been made at trial,” and 3) prosecutorial error during the State’s rebuttal argument. In his pro se brief, Levy joins the claims raised by counsel and also appears to argue he should have been convicted of voluntary manslaughter instead of murder in the second degree. OPINION HOLDS: Because the jury instruction regarding his testimony is a correct statement of law, Levy’s claim of ineffective assistance regarding the failure to object fails. We cannot decide on direct appeal Levy’s claims of ineffective assistance involving his right to a public trial or his claim of prosecutor error, so we preserve them for possible postconviction-relief proceedings. We cannot reach the merits of Levy’s pro se claim. We affirm.
Filed Feb 05, 2020
View Opinion No. 18-0605
View Summary for Case No. 18-0605
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Considered by Doyle, P.J., Greer, J., and Potterfield, S.J. Opinion by Greer, J. (5 pages)
Daniel Thurman appeals the sentence imposed after his Alford plea to nine offenses. Thurman argues the district court considered improper sentencing factors when it considered (1) his scores on standardized risk assessment tools and (2) the department of correctional services (DCS) sentencing recommendation in the presentence investigation report (PSI). OPINION HOLDS: Thurman did not preserve his claims for our review, but these claims fail as a matter of law even under an ineffective-assistance-of-counsel framework. The Iowa Supreme Court in State v. Headley, 926 N.W.2d 545, 551 (Iowa 2019), concluded that the sentencing court does not abuse its discretion in considering risk assessment tools on their face in the PSI, nor does the court abuse its discretion in considering the DCS sentencing recommendation. For these reasons, Thurman cannot show his counsel breached an essential duty in failing to object on these grounds at sentencing. We affirm.
Filed Feb 05, 2020
View Opinion No. 18-0859
View Summary for Case No. 18-0859
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Heard by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Schumacher, J. (8 pages)
A father pleaded guilty to three counts of assault while participating in a felony causing serious injury due to his involvement in the neglect and abuse of three of his children. He argues on appeal that the sentencing court abused its discretion by preparing remarks before the sentencing hearing and drawing an unsupported analogy to his conduct. OPINION HOLDS: We reject the defendant’s arguments and affirm the sentence.
Filed Feb 05, 2020
View Opinion No. 18-0931
View Summary for Case No. 18-0931
Appeal from the Iowa District Court for Marshall County, Steven J. Oeth, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by Tabor, P.J. (9 pages)
Jerry Oden, Jr. appeals his convictions for conspiring to deliver heroin and possession of marijuana with intent to deliver. Oden challenges the sufficiency of the State’s evidence that he conspired with another person to deliver the heroin and that he personally possessed the marijuana. OPINION HOLDS: After reviewing the evidence in the light most favorable to the district court’s findings of fact, and deferring to the court’s credibility findings, we find substantial evidence to support Oden’s convictions.
Filed Feb 05, 2020
View Opinion No. 18-1007
View Summary for Case No. 18-1007
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Tabor, J. (6 pages)
Richard Randle appeals an order that he pay child support to Allison Brady, the mother of his seventeen-year-old daughter. He contends (1) Allison did not file a valid new action to establish child support, (2) the district court wrongly imputed his annual income, and (3) the court didn’t consider his claim for reimbursement. OPINION HOLDS: After our independent assessment of the entire record, we conclude the district court properly addressed Richard’s petition to modify child support and Allison’s counterclaim.
Filed Feb 05, 2020
View Opinion No. 18-1085
View Summary for Case No. 18-1085
Appeal from the Iowa District Court for Kossuth County, Ann M. Gales, District Associate Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by May, J. (4 pages)
A defendant appeals from his conviction for failing to comply with sex-offender registration requirements. He claims his trial counsel was ineffective. OPINION HOLDS: Because the record is not sufficiently developed to reach the merits, we preserve the defendant’s claims for future postconviction-relief proceedings.
Filed Feb 05, 2020
View Opinion No. 18-1110
View Summary for Case No. 18-1110
Appeal from the Iowa District Court for Lee (North) County, Mark Kruse, Judge. AFFIRMED. Considered by Bower, C.J., and May and Greer, JJ. Opinion by Bower, C.J. (3 pages)
James Lee Blair-Bey contends the district court erred in summarily dismissing his petition for writ of habeas corpus. OPINION HOLDS: Finding no error, we affirm.
Filed Feb 05, 2020
View Opinion No. 18-1176
View Summary for Case No. 18-1176
Appeal from the Iowa District Court for Woodbury County, Julie A. Schumacher, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J. Schumacher, J., takes no part. Opinion by Gamble, S.J. (10 pages)
JD Anderson appeals his conviction for domestic abuse assault, third offense. He claims he received ineffective assistance of counsel and the district court erred in admitting a 911 call and corresponding transcript. OPINION HOLDS: Counsel was not ineffective for not objecting to the inclusion of jury instructions for lesser-included offenses or a jury instruction regarding Anderson’s out-of-court statements. We preserve Anderson’s ineffective-assistance claim regarding counsel’s failure to make a foundational objection to the 911 call. The 911 call qualified as present-sense-impression and excited-utterance exceptions to the rule against hearsay.
Filed Feb 05, 2020
View Opinion No. 18-1341
View Summary for Case No. 18-1341
Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J. Opinion by Vaitheswaran, P.J. (4 pages)
Gary Alan Beach appeals his sentences for possession of a controlled substance (third offense), unlawful possession of a prescription drug, and second-degree harassment, arguing that the court failed to provide adequate reasons for imposing consecutive sentences. OPINION HOLDS: Because the court’s statement of reasons is sufficiently comprehensive to permit appellate review of the court’s discretionary action, we affirm.
Filed Feb 05, 2020
View Opinion No. 18-1527
View Summary for Case No. 18-1527
Appeal from the Iowa District Court for Greene County, James M. Drew, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by Vaitheswaran, P.J. (9 pages)
James H. Exline was twice tried for second- and third-degree sexual abuse of a child, with the first trial ending in a mistrial and the second resulting in jury findings of guilt charges. On appeal, Exline argues the district court (1) abused its discretion in allowing the jury to hear that the child died; (2) erred in admitting hearsay evidence; and (3) abused its discretion in denying his motion to postpone the second trial. OPINION HOLDS: We affirm Exline’s convictions of second-degree and third-degree sexual abuse.
Filed Feb 05, 2020
View Opinion No. 18-1545
View Summary for Case No. 18-1545
Appeal from the Iowa District Court for Story County, Bethany Currie, Judge. REVERSED AND REMANDED. Heard by Tabor, P.J., and Mullins and May, JJ. Opinion by Mullins, J. Dissent by May, J. (15 pages)
Plaintiffs appeal the district court’s grant of summary judgment in favor of defendant on their gross negligence claims. OPINION HOLDS: We reverse the grant of summary judgment in favor of the defendant and remand for further proceedings. DISSENT ASSERTS: The district court properly granted summary judgment based on established contract principles.
Filed Feb 05, 2020
View Opinion No. 18-1549
View Summary for Case No. 18-1549
Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. AFFIRMED. Heard by Bower, C.J., and Greer and Ahlers, JJ. Tabor, J., takes no part. Opinion by Bower, C.J. (11 pages)
Tremayne Thomas was convicted of first-degree murder and abuse of a corpse. On appeal, he argues there was insufficient evidence to prove he committed murder. OPINION HOLDS: While circumstantial, the evidence is sufficiently compelling to convince the jury of Thomas’s guilt. We therefore affirm.