2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Lashawn Thurman appeals the district court decision denying his application for postconviction relief.  OPINION HOLDS: We find Thurman has not shown he was prejudiced by defense counsel’s performance and, therefore, has not shown he received ineffective assistance of counsel.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            Shaurome Taylor appeals his convictions for delivery of methamphetamine to a minor and sexual abuse in the third degree.  He argues the State engaged in purposeful racial discrimination when it used a peremptory strike to remove a juror and the weight of the evidence does not support his conviction.  OPINION HOLDS: Taylor failed to prove the State engaged in purposeful racial discrimination in striking the juror and the district court did not abuse its discretion in concluding the verdicts were not against the weight of the evidence.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (6 pages)

            A former employee sued a school district based on alleged wrongdoing by a former member of the school board.  The district court granted summary judgment for the school district, finding the school board member’s conduct was not within the scope of his duties as a school board member.  OPINION HOLDS: We agree with the district court that there is no genuine issue of material fact.  So the court was correct in granting the school district’s motion for summary judgment.  We affirm. 

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (8 pages)

            Ishmael Komeh appeals his conviction for assault causing serious injury, possession of a firearm as a felon, and domestic abuse assault.  He claims trial counsel provided ineffective assistance, asserts inconsistent jury verdicts should have resulted in a new trial or dismissal of a charge, challenges the restitution provision, and claims the sentencing court abused its discretion in imposing consecutive sentences.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, William Kelly, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Keith Cutwright appeals the denial of his request for reimbursement of restitution paid for attorney fees.  OPINION HOLDS: Because Cutwright’s restitution was paid in full, there was nothing left for Cutwright to pay, and the district court acted properly in denying his motion to modify restitution.  And Cutwright had no right to court-appointed counsel because an action to modify restitution is civil rather than criminal.

            Appeal from the Iowa District Court for Harrison County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (8 pages)

            The estate of Charlotte Anderson appeals from the district court order granting summary judgment in favor of the defendants on its claims of negligence and misconduct.  OPINION HOLDS: The behavior at issue falls under dramshop liability, which preempts common law tort claims.   Because the estate settled its dramshop claims with the bar, the district court properly granted summary judgment in favor of the bar.  And because the remaining defendants are immune from liability under the social host immunity afforded by the dramshop statute, the court properly granted summary judgment on the remaining claims. 

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (13 pages)

            Devon Tisor appeals the district court’s denial of her motion to extend the deadline to resist summary judgment and the court’s subsequent grant of summary judgment in favor of coemployees at her late husband’s work place.  OPINION HOLDS: Because the district court did not abuse its discretion in denying the motion to extend deadline and properly granted summary judgment, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (4 pages)

            Antavieon Jackson appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We affirm the district court’s denial of Jackson’s application. 

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Jackie Jermaine Lane appeals the dismissal of his application for postconviction relief, contending his trial counsel was ineffective in several respects.  OPINION HOLDS: Because Lane has failed to prove counsel was ineffective, we affirm the dismissal of his application.

            Appeal from the Iowa District Court for Clay County, Nancy L. Whittenburg, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Carr, S.J., takes no part.  Opinion by Doyle, P.J.  (10 pages)

            A jury found Michael Jones guilty of possession of methamphetamine and marijuana.  Jones claims there is insufficient evidence to support the convictions.  OPINION HOLDS: We are not satisfied the evidence was sufficient for the jury to reasonably infer that Jones knew the drugs were present and exercised control and dominion over them.  Because the evidence could not support the jury’s verdict, we reverse the judgment and sentence entered following Jones’s convictions and remand the case to the district court to vacate Jones’s convictions and dismiss the charges.

            Appeal from the Iowa District Court for Story County, James A. McGlynn, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (21 pages)

            Landus Cooperative (Landus) appeals the denial of its motion for summary judgment, contending the district court erred in finding a genuine issue of material fact whether an employer‑employee relationship existed between Landus and Troy Shaw.  Landus argues under guidance from the Restatement (Second) and the Restatement (Third) of Torts on negligent hiring, it cannot be held directly liable for the harm caused to a third person by the employee of an independent contractor.  OPINION HOLDS: We find there is no genuine issue of material fact that Landus directly hired or retained Troy as its employee.  Because the Restatements do not impose direct employer liability for the harm caused to third parties by an employee hired by its independent contractor, we reverse the court’s second summary judgment ruling on the negligent-hiring claim.  We also reverse the court’s ruling on the motion to dismiss the punitive-damages claim as it stemmed from the negligent-hiring claim.  We remand for further proceedings. 

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A Pottawattamie County jury found Jessica Elvins guilty of willful injury causing serious injury.  On appeal, she argues the trial court erred in denying her motion for acquittal, her counsel was ineffective for failing to raise the issue of identification, and the court abused its discretion in denying her request for a pretrial immunity hearing.  OPINION HOLDS. Because Elvins’s sufficiency- of- the- evidence claim was not preserved, she failed to establish her counsel was ineffective, and the trial court did not err in denying her motion for immunity, we affirm.