May 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  CONVICTIONS AFFIRMED, SENTENCES AFFIRMED IN PART AND VACATED IN PART, AND CASE REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J. (15 pages)

            A jury found Larry Wiggins guilty of four drug-related charges.  He alleges the State did not present substantial evidence to support the verdicts.  He also contends his trial attorney was ineffective for not objecting to testimony from an expert witness.  Finally, Wiggins challenges the sentencing order.  OPINION HOLDS: Because the State offered substantial evidence to support Wiggins’s convictions, we decline to disturb the jury’s verdicts.  Next, Wiggins did not prove he received ineffective assistance.  Last, because the district court did not have the total calculation of the restitution available when making its reasonable-ability-to-pay determination, we vacate that part of the sentence and remand for resentencing.  Also, we find no equal-protection violation in the court’s imposition of the law enforcement initiate surcharge.

        Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (3 pages)

            Michael Kurnes appeals his sentence after pleading guilty to operating while intoxicated, third offense.  OPINION HOLDS: Kurnes’s claims are not developed for our review.  We preserve them for postconviction-relief proceedings.

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

            Sean Sinclair appeals his convictions for operating a motor vehicle without the owner’s consent and second-degree theft.  OPINION HOLDS: Sinclair has not shown the district court incorrectly believed he committed these offenses while on probation.  We conclude the district court did not abuse its discretion in denying Sinclair’s request to be placed on probation for the present offenses.  We affirm Sinclair’s convictions and sentences.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J. (12 pages)

            Quintin Clemons appeals his conviction for possession or conspiracy to possess marijuana with intent to deliver.  OPINION HOLDS: We determine Clemons’s conviction may be affirmed on the ground he conspired to possess marijuana with intent to deliver, which he has not challenged on appeal.  We also find there is sufficient evidence to support Clemons’s conviction for possession of marijuana with intent to deliver.  We determine Clemons’s claim of ineffective assistance of counsel should be preserved for possible postconviction-relief proceedings because the record is inadequate to address his claim in this direct appeal.  We conclude the district court adequately expressed the reasons for Clemons’s sentence.  We affirm Clemons’s conviction and sentence.

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (10 pages)

            Norman Wadsworth appeals his conviction for second-degree murder contending there is insufficient evidence to sustain the conviction, the court abused its discretion in admitting cumulative and prejudicial evidence, defense counsel was ineffective in failing to present a defense of insanity, the court abused its discretion in excluding evidence of Wadsworth’s mental condition, and the court erred in instructing the jury.  OPINION HOLDS: Because we find there is substantial evidence to support the conviction for second-degree murder and we find no abuse of discretion, ineffective assistance, or error of law, we affirm.

            Appeal from the Iowa District Court for Mahaska County, Shawn Showers, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            James Hols appeals the denial of his application for postconviction relief.  OPINION HOLDS: Finding no merit to any of Hols’s claims of ineffective assistance of counsel, we affirm the district court’s dismissal of his application for postconviction relief.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED ON APPEAL; REVERSED AND REMANDED WITH DIRECTIONS ON CROSS-APPEAL.  Considered by Bower, C.J., Ahlers, J., and Potterfield, S.J.  Blane, S.J., takes no part.  Opinion by Potterfield, S.J.  (31 pages)

            The Shapiro Group and members of the Shcharansky Group owned and operated Continuous Control Solutions, Inc. (CCS) until 2007, when members of the Shcharansky Group purchased the Shapiro Group’s shares of CCS through the execution of a stock purchase agreement—ending the Shapiro Group’s part in the business.  That agreement, and what followed, have been the focus of nearly a decade of litigation.  In this third appeal, we are asked to determine if the district court properly limited the scope of the 2018 trial, based on the ruling of our supreme court in Shcharansky v. Shapiro, 905 N.W.2d 579, 588 (Iowa 2017), so as not to include evidence of the Shapiro Group’s alleged affirmative defenses to Alexander and Tatiana Shcharansky’s contribution claim against them.  Additionally, regarding their cross-claims for breach of contract and reimbursement, the Shapiro Group maintains the district court should have granted their motions for directed verdict, judgment notwithstanding verdict, or new trial.  Alexander and Tatiana Shcharansky cross-appeal, arguing the district court erred in its determination they were not entitled to prejudgment interest for their contribution claim; they otherwise ask that we affirm.  OPINION HOLDS: We affirm the district court ruling as to all the issues raised by the Shapiro Group on appeal.  However, on cross-appeal, we reverse the district court’s ruling as to Alexander and Tatiana Shcharansky’s request for interest from the day they filed their contribution claim.  We remand for the limited purpose of correction of the judgment order.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes and Stuart P. Werling, Judges.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Scott, S.J.  Opinion by Mullins, P.J.  (5 pages)

            Tara Lane appeals her conviction, following a guilty plea, of assault with intent to commit sexual abuse not resulting in injury and the sentence imposed.  She argues (1) her counsel was ineffective in allowing her to plead guilty and waive her opportunity to file a motion in arrest of judgment absent a factual basis and (2) the court improperly failed to state its reasons for imposing a prison sentence as opposed to a suspended sentence and probation or a deferred judgment.  OPINION HOLDS: We conclude (1) Lane’s plea was supported by a factual basis and counsel was therefore not ineffective and (2) the court’s terse and succinct statement regarding its sentencing decision was sufficient to show its reasons for its discretionary decision are viable.  We affirm Lane’s conviction and the sentence imposed.

            Appeal from the Iowa District Court for Jones County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Rodney Gray appeals from the summary denial of his application for postconviction relief, asserting his sentence is illegal.  OPINION HOLDS: Because Gray was properly sentenced for five separate convictions of sexual abuse in the second degree, his sentence was not illegal for violating double jeopardy.  Therefore, we affirm the dismissal of Gray’s application.

            Appeal from the Iowa District Court for Van Buren County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (9 pages)

            Steven and Michael Johnston seek specific performance of an “option to purchase” in a 1962 “Easement and Agreement.”  They claim the terms of that agreement allow them to purchase Van Buren County land owned by the Black Estate around a shared lake.  In an earlier boundary-dispute case, the Johnstons elected an unsuccessful path to the same result they seek in this appeal.  OPINION HOLDS: We conclude the doctrine of claim preclusion bars the Johnstons’ suit in this case.  We briefly address the statute of limitations claim to note that the Johnstons’ failure to cite any supporting authority related to the application of Iowa Code section 633.414 to these facts prohibits our review of that issue.  And they concede that their claim in probate, if treated as such, would be barred under Iowa Code section 633.410.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J. (5 pages)

            Thomas C. Casper appeals his conviction for operating a motor vehicle while intoxicated, first offense, contending that his breathalyzer test result should have been suppressed because he was not advised of his right to an independent chemical test.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (3 pages)

            Brock Wing appeals his convictions after pleading guilty, alleging his trial counsel was ineffective in failing to move in arrest of judgment because his first attorney misadvised him regarding the possibility of a deferred judgment.  OPINION HOLDS: Because the record is insufficient to allow us to resolve Wing’s claim on direct appeal, we preserve the issue for postconviction relief to allow full development of the record.