March 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J. (6 pages)

            Braedon Bowers appeals his conviction for voluntary manslaughter.  He contends his trial counsel was ineffective for not arguing he was entitled to judgment of acquittal based on justification.  OPINION HOLDS: Because the State presented sufficient evidence to disprove justification, Bowers cannot show prejudice.  We affirm the conviction.

            Appeal from the Iowa District Court for Wright County, DeDra L. Schroeder and James M. Drew, Judges.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J. (13 pages)

            Jerod Miller appeals his convictions for willful injury causing serious injury and domestic abuse assault (strangulation) causing bodily injury.  OPINION HOLDS: We conclude the retrial of Miller did not violate his right against double jeopardy because he requested the declaration of a mistrial in his first trial.  We determine Miller has not shown he received ineffective assistance on the ground defense counsel did not object to a video.  Finally, we find Miller was not denied his right to a speedy trial.  We affirm Miller’s convictions.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED FOR RESENTENCING.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J. (11 pages)

            A defendant appeals from convictions related to the murder of his wife.  OPINION HOLDS:  The defendant’s ineffective-assistance-of-counsel claim fails because there is no reasonable probability of a different result had text messages or testimony about the text messages been excluded.  We find the sentencing court properly stated its reasons for imposing consecutive sentences and affirm.  We vacate a portion of the defendant’s sentence and remand for recalculation of restitution in light of Iowa Supreme Court precedent.

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  REVERSED AND REMANDED IN BOTH CASES.  Heard by Bower, C.J., and Greer and Ahlers, JJ.  Tabor, J., takes no part.  Opinion by Ahlers, J.  (11 pages)

            In this consolidated appeal, Sean Hunter appeals the district court’s denial of his motion to suppress evidence obtained from his cell phone and the revocation of his probation in a separate criminal case.  On appeal, Hunter argues the seizure of both his person and his cell phone away from his residence and the later search of his cell phone violated his rights under the Fourth Amendment to the United States Constitution and article I, section 8 of the Iowa Constitution.  He also argues there was insufficient admissible evidence to support his conviction.  Finally, he argues the revocation of his probation and sentence in the separate criminal case must be vacated because the revocation was based on his conviction.  OPINION HOLDS: We conclude the seizure of Hunter and his cell phone was not constitutionally permitted and the subsequent warrant authorizing search of the phone was fruit of the unlawful seizure.  Therefore, the contents of the cell phone obtained via the subsequent search warrant should have been suppressed and not admitted as evidence at trial.  Due to the improperly obtained evidence being admitted at trial, the conviction and sentence imposed are hereby vacated and the case is remanded for a new trial without admission of the improperly-obtained evidence.  Because the revocation of his probation was based on his vacated conviction, we vacate the revocation of his probation and the sentence imposed and remand that case for further proceedings.

            Appeal from the Iowa District Court for Tama County, Mary E. Chicchelly, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (7 pages)

            The plaintiffs appeal a defense verdict on their claim of medical malpractice.  OPINION HOLDS: The trial court acted within its discretion in ruling evidence the plaintiffs sought to admit is inadmissible hearsay.  The plaintiffs failed to provide a foundation to admit evidence of an alleged statement by an employee of the defendant.  And a handwritten note in medical records documenting one plaintiff’s repetition of that statement is double hearsay, which the plaintiffs failed to show falls under an exception to the hearsay rule. 

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  REVERSED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (17 pages)

            The Reserve on Walnut Creek (the Reserve) appeals an adverse judgment on the plaintiffs’ claims of breach of fiduciary duty and unconscionable contract; the plaintiffs cross-appeal the dismissal of their claim under the Iowa Uniform Residential Landlord and Tenant Act and their claim of consumer fraud.  OPINION HOLDS: Our supreme court recently decided an almost identical case involving another member of the Reserve, the same legal representatives, and very similar claims.  Albaugh v. The Reserve, 930 N.W.2d 676 (Iowa 2019).  Because we are bound by that ruling, we reverse and remand for dismissal on the Reserve’s appeal.  We affirm the entry of summary judgment on the plaintiffs’ additional claims.

            Appeal from the Iowa District Court for Buchanan County, Stephanie C. Rattenborg, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (5 pages)

            Jennifer Leigh Brandt appeals her conviction of possession of marijuana, second offense.  OPINION HOLDS: We affirm the denial of Brandt’s motion to suppress the evidence discovered during a search of her purse.  The deputy sheriff had probable cause to search the vehicle for open containers of alcohol, and Brandt’s purse was in the vehicle and large enough to conceal an open container of alcohol. 

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Bernice and Howard Linn appeal the district court’s denial of their motion for new trial following a jury verdict in favor of North Iowa Anesthesia Associates, P.C., Dr. Michael Qualey, and Mercy Health Services in the Linns’ medical malpractice action.  The Linns argue (1) the jury committed misconduct by failing “to deliberate”; (2) the jury committed misconduct by discussing “the facts, evidence, and witnesses throughout their breaks during the trial”; (3) the district court erred in failing to “continue to remind jurors of their admonition” not to converse with each other; (4) the district court erred in “refus[ing] to poll the jury”; and (5) the district court should have granted their motion for mistrial based on defense counsel’s comments in opening statements.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (9 pages)

            Walter Hoskins appeals from the summary dismissal of his second application for postconviction relief (PCR).  OPINION HOLDS: Hoskins could not have prevailed on his newly-discovered-evidence claim.  So we affirm the PCR court’s dismissal of Hoskins’s PCR claim.  

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  CONVICTIONS VACATED IN PART AND REMANDED FOR CORRECTION OF ILLEGAL SENTENCE.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J. (10 pages)         

            Irvin Johnson Jr. appeals his convictions for felony eluding enhanced based on marijuana possession.  He argues the district court should have entered judgment only on the greater offense.  The merger question hinges on whether our legislature showed a clear intent to impose cumulative punishments.  OPINION HOLDS: Because we find no such clear legislative intent, we conclude the marijuana possession conviction should merge into the felony.  We remand for correction of Johnson’s illegal sentence. 

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J.  (6 pages)

            James Liddiard appeals the district court’s denial of his petition to quiet title.  He argues he proved both adverse possession and acquiescence.  OPINION HOLDS: We find Liddiard has not met his burden for either claim.  We affirm the district court’s findings.

            Appeal from the Iowa District Court for Shelby County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (7 pages)

            Appellants appeal a district court order denying their request for attorney fees on the ground that the appellants were not the prevailing parties within the meaning of Iowa Code section 6A.24(3) (2017).  OPINION HOLDS: We agree with the district court that the appellants were not the prevailing party and affirm the denial of their request for attorney fees.  We deny the appellants’ request for appellate attorney fees.