July 2020 Archive | Court of Appeals Court Opinions

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

            On interlocutory appeal, Scott Thompson challenges the district court’s denial of his request for a pretrial hearing on immunity from prosecution under Iowa’s “stand your ground” law.  OPINION HOLDS: Under State v. Wilson, 941 N.W.2d 579 (Iowa 2020), Thompson is not entitled to a pretrial hearing. 

            Appeal from the Iowa District Court for Marshall County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by May, J.  (7 pages)

            Gatluak Bol appeals the dismissal of his postconviction-relief application.  He asserts he received ineffective assistance of counsel.  OPINION HOLDS: We conclude Bol has not established any of his ineffective-assistance claims.  So we affirm the dismissal of his application.

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Joel Smitherman appeals the district court’s dismissal of his fourth application for postconviction relief (PCR).  OPINION HOLDS: Smitherman is not entitled to relief under Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018).  Also, he has not shown he received ineffective assistance from his PCR counsel in this case.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            D’Marithe Culbreath appeals from his convictions of first-degree murder, first-degree robbery, and conspiracy to commit first-degree burglary.  He argues the district court abused its discretion in admitting a multiple-hour video of police interviewing him because, during the interview, a detective asked Culbreath if a codefendant thought Culbreath had guns and Culbreath replied, “Could.”  He maintains this was prior-bad-acts evidence that should have been kept out of trial.  OPINION HOLDS: Because the claim Culbreath brings on appeal was not preserved for our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

            Joseph Desalme challenges his convictions for second-degree robbery and first-degree theft.  OPINION HOLDS: Because the record lacks substantial evidence to support a finding of Desalme’s intent to permanently deprive the owners of their vehicles or purses, we reverse and remand.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J.  (6 pages)

            Rudy Stroud appeals his criminal convictions arguing his counsel was ineffective in failing to object to a jury instruction as an incorrect statement of the law.  OPINION HOLDS: We find counsel breached an essential duty in failing to object, but Stroud suffered no prejudice, and counsel was therefore not ineffective.  We affirm Stroud’s convictions.

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

            Brian Andreas, now known as Kai Andreas Skye, appeals the property distribution provisions of the decree dissolving his thirty-four year marriage to Ellen Rockne.  OPINION HOLDS: On our de novo review, we find no failure to do equity in the district court’s decree or remand ruling.  We award Rockne appellate attorney fees.

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Justin Alexander appeals his convictions of domestic abuse assault (strangulation), domestic abuse assault while using or displaying a dangerous weapon, false imprisonment, criminal mischief, and possession of a firearm by a prohibited person.  On appeal, Alexander contends the district court should not have allowed him to represent himself.  He also contends his trial attorney was ineffective in several respects.  OPINION HOLDS: We agree with the district court that Alexander’s waiver of counsel was voluntary, clear, and unequivocal.  We preserve his ineffective-assistance-of-counsel claims for postconviction relief. 

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Wayne Gibson appeals his convictions for second-degree and third-degree sexual abuse, claiming the district court erred in denying his motion challenging the jury’s composition.  OPINION HOLDS: Because Gibson did not have the benefit of either State v. Lilly, 930 N.W.2d 293, 301–08 (Iowa 2019), or State v. Veal, 930 N.W.2d 319, 328–330 (Iowa 2019), at the time of trial, we conditionally affirm and remand the matter to the district court to give Gibson an opportunity to develop his claim that his constitutional right to an impartial jury was violated.

            Appeal from the Iowa District Court for Jackson County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Blane, S.J.  Opinion by May, J.  (7 pages)

            Daniel White was convicted of operating while intoxicated, second offense.  He argues there was insufficient evidence for his conviction.  And he alleges his trial counsel was ineffective.  OPINION HOLDS: We find sufficient evidence and affirm his conviction.  We also preserve his ineffective-assistance claim.

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Laquandra Anderson entered written guilty pleas to five counts of third-degree theft.  She took items from Walmart stores in Waterloo and Cedar Falls.  The court ordered her to serve a prison term not to exceed two years running the five sentences concurrently.  She now appeals those convictions, alleging her attorney was ineffective in allowing her to enter the guilty pleas.  OPINION HOLDS: The information provided in Anderson’s written plea forms substantially complied with Iowa Rule of Criminal Procedure 2.8(2)(b).  Also, we find counsel had no duty to insist on a Harrington-like colloquy for these aggravated-misdemeanor guilty pleas.  Last, we find no prejudice resulting from counsel’s performance in representing Anderson on these aggravated misdemeanor guilty pleas.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (4 pages)

            The issue in this case is whether the district court abused its discretion by suspending Snipes’s sentence and placing him on probation without explicitly articulating the factors it considered in doing so.  OPINION HOLDS: The district court’s decision was based on reasonable considerations, and we find no abuse of discretion.