March 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Jennifer Mohlis appeals the district court’s imposition of her sentence, contending that the district court invalidly considered facts not in evidence as a reason supporting its sentencing decision.  OPINION HOLDS: We conclude the court did not apply a fixed policy, and we affirm the district court’s sentence.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (3 pages)

            Antoine Allen appeals the denial of his motion in arrest of judgment after pleading guilty to one count of second-degree robbery.  OPINION HOLDS: The court substantially complied with the requirements of Iowa Rule of Criminal Procedure 2.8(2)(b) to ensure Allen entered his plea knowingly and voluntarily.  It asked Allen whether anyone made promises or threats to induce him to plead guilty and accurately restated the agreement to determine Allen’s understanding.  On this record, we find no abuse of discretion in denying Allen’s motion.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The expedited appeals process, which resulted in the mother preparing her petition on appeal without the hearing transcripts, did not violate the mother’s due process rights.  The statutory grounds authorizing termination were satisfied because the child could not be returned to the mother’s care.  Termination is in the child’s best interest.  And no permissive factor should be applied to preclude termination.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS:  We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights.  We find the State engaged in reasonable efforts to reunite the mother with the children and termination is in the children’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights to their two children, arguing: (A) the record lacks clear and convincing evidence to support the grounds for termination cited by district court; (B) termination was not in the children’s best interests; and (C) the district court should have granted an exception to termination based on the parent-child bond.  OPINION HOLDS: We affirm the termination of the parents’ rights to the children.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother of three children and the father of one of the children separately appeal the termination of their parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the parents’ rights.  On the mother’s claim, we find termination of her parental rights is in the children’s best interests.  The father claims the court should have applied an exception to termination, and we find the court properly denied his claim.  Accordingly, we affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (7 pages)

            A mother appeals the juvenile court’s termination of her parental rights.  OPINION HOLDS: We conclude termination was appropriate under Iowa law and consistent with the child’s best interest.

            Appeal from the Iowa District Court for Union County, Patrick W. Greenwood, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J. (7 pages)

            Donovan Houghmaster appeals following his guilty pleas to theft of a motor vehicle, criminal mischief in the second degree, and lascivious acts with a child, contending the district court: (1) should not have relied on the risk assessment tools referenced in the presentence investigation (PSI) report; (2) improperly relied on the sentencing recommendation in the PSI report; (3) entered conflicting orders on reimbursement of attorney fees; and (4) erred in ordering him to make restitution of “all counseling required for the victim” rather than counseling associated with the crime.  OPINION HOLDS: We affirm and remand for the district court to issue a nunc pro tunc order to remove the assessment of attorney’s fees inconsistent with the court’s oral pronouncement of Houghmaster’s sentence. 

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            A jury found Eric Campbell Jr. guilty of robbery in the first degree and voluntary manslaughter.  On appeal, Campbell maintains (1) there is insufficient evidence to support his convictions, (2) the court abused its discretion in admitting prior-bad-acts evidence, and (3) the court abused its discretion in sentencing him.  OPINION HOLDS: Because sufficient evidence supports his convictions and the trial court did not abuse its discretion in admitting a challenged photo, we affirm Campbell’s convictions.  However, the sentencing court relied on improper factors in imposing sentence, and we remand for resentencing. 

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (18 pages)

            Brandon Schaul appeals the denial of his postconviction-relief petition, asserting multiple instances of ineffective assistance of counsel on the part of his trial and appellate counsel.   OPINION HOLDS: Because we find no prejudice both alone and cumulatively, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Mullins, J.  (6 pages)

            Dwayne Williams appeals the summary disposition of his application for postconviction relief.  OPININON HOLDS: We affirm the district court. 

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., Mullins, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            Melanie Anne Holman appeals her conviction for operating while intoxicated, third or subsequent offense.  OPINION HOLDS: Holman has failed to show she received ineffective assistance of counsel.  Counsel had no duty to move to suppress the breath test results because there is no probability the motion would have succeeded.  And Holman was not prejudiced by counsel’s failure to move to suppress any statements made after she asked for an attorney or challenge evidence that she was operating under the influence of alcohol because the State only prosecuted her under the theory that she operated a motor vehicle while having an alcohol concentration of .08 or more.