April 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (8 pages)

            Kalandis McNeil appeals his conviction for failure to comply with sex-offender registry requirements with a habitual-offender enhancement.  OPINION HOLDS: The district court’s denial of McNeil’s motion for new trial was not an abuse of discretion.

            Appeal from the Iowa District Court for Jackson County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (13 pages)

            Brian Koncel appeals the district court’s denial of his application for postconviction relief following his 1997 conviction for first-degree kidnapping.  He challenges the court’s denial of several ineffective-assistance-of-counsel claims and raises additional claims.  OPINION HOLDS: We affirm the denial of Koncel’s postconviction-relief application.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            Thomas Holmes appeals from the dismissal of his application for postconviction relief.  He asserts the district court convicted and sentenced him under nonexistent sections of the Iowa Code.  OPINION HOLDS: Holmes raises the very same issues raised in his prior proceedings.  His claims fail for the same reasons they failed last time, in addition to now failing on the principle of res judicata.  We affirm the district court without further opinion.

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

            Gregory Pollow appeals the district court denial of his motion for new trial.  Pollow argues he should have been granted a new trial based on allegedly inappropriate comments from opposing counsel during closing arguments.  OPINION HOLDS: Defense counsel’s comments regarding stipulations entered into evidence by the claimant did not improperly instruct the jury.  No attorney misconduct occurred that would give rise to new trial.  We affirm the district court’s denial of the motion for new trial.

            Appeal from the Iowa District Court for Polk County, Sarah E. Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Kirkwood Commons, LLC appeals the entry of declaratory judgment in its favor, contending that it is entitled to more money per month for common area and maintenance fees because an addendum to the lease agreement was invalid and unenforceable.  OPINION HOLDS: Because substantial evidence supports the court’s determination that the addendum was agreed to by both parties, we affirm. 

            Appeal from the Iowa District Court for Calhoun County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (10 pages)

            Daniel Jensen appeals the denial of his application for contempt.  OPINION HOLDS: Finding Daniel either failed to preserve error or raised arguments having no merit, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (4 pages)

            Michael Mayton appeals the district court order denying his application for postconviction relief, arguing his trial counsel was ineffective by not giving an opening statement.  OPINION HOLDS: We conclude Mayton has failed to prove his trial counsel was ineffective and affirm the district court order.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A jury convicted Gregory Schuldt of intimidation with a gun and going armed with intent.  He appeals those verdicts, alleging his trial counsel failed to challenge the State’s proof that he acted with the specific intent necessary to commit those offenses.  OPINION HOLDS: Because strong evidence bolstered the inference that Schuldt had the specific intent to use the pistol without justification when he fired seven rounds against the bartender or other customers, defense counsel’s motion for acquittal would have been meritless.  Schuldt’s counsel had no duty to make a meritless motion.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (5 pages)

            Charae Miller appeals her convictions of two counts of forgery, one count of third-degree theft, and one count of identity theft.  She argues no direct evidence supports that she possessed or uttered.  OPINION HOLDS: Our review of the record shows the evidence was sufficient to convince a reasonable trier of fact beyond a reasonable doubt of Miller’s guilt.  As such, we affirm Miller’s criminal convictions. 

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (8 pages)

            Michael Hilson appeals the district court’s dismissal of his application for postconviction relief, challenging the district court’s summary dismissal of his claim through a merits analysis of a newly discovered evidence claim rather than applying a ground-of-fact test to determine whether it was time barred.  OPINION HOLDS: We affirm the denial of Hilson’s application for postconviction relief.

            Appeal from the Iowa District Court for Monona County, Jeffrey A. Neary, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J. (12 pages)

            Marion Steven Goodon appeals his convictions for assault, first-degree burglary, stalking, domestic-abuse assault causing bodily injury, and going armed with intent.  He contends trial counsel was ineffective in failing to challenge inconsistent verdicts, the trial court erred in admitting hearsay testimony, and the court abused its discretion in assessing court costs and correctional fees.  OPINION HOLDS: Because the verdicts were not inconsistent and the court did not err in its evidentiary ruling, we affirm the convictions.  However, we vacate the restitution portion of the sentencing order and remand to the district court.

            Appeal from the Iowa District Court for Jefferson County, Crystal S. Cronk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (15 pages)

            Farm Bureau Property & Casualty Insurance Company appeals a district court judgment in favor of Unkrich Ag, Inc., Monty Unkrich, and Stacy Unkrich (collectively “the Unkriches”).  OPINION HOLDS: Substantial evidence supports a finding that equipment was damaged by a power surge at the Unkriches’ property but does not support a finding the electrical systems were damaged by a power surge.  We also modify the court’s award for loss-of-income damages to policy limits.  We affirm in part, reverse in part, and remand for a recalculation of damages.