2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            After this two-year-old child tested positive for methamphetamine, the child-in-need-of-assistance (CINA) dispositional order was modified to remove the child from the father’s custody.   The father appeals the modification order.  He argues there is not clear and convincing evidence that removal was necessary to protect the child from some harm that would justify adjudication of the child as a child in need of assistance and there was no showing K.P. was in any danger.  OPINION HOLDS: Based on our de novo review, we agree with the juvenile court decision to modify the CINA dispositional order to remove the child from the custody of the father as well as the mother and to place the custody of the child with the Iowa Department of Human Services.  We affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (6 pages)

            A father appeals the adjudication of his children as children in need of assistance (CINA).  The father argues insufficient evidence was presented to support the CINA adjudication.  OPINION HOLDS: On our de novo review of the record, we find clear and convincing evidence was presented to support the adjudication of the children.

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (3 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We conclude termination of the father’s rights is appropriate under Iowa law and consistent with the child’s best interest.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by May, J.  Special Concurrence by Vaitheswaran, P.J.  (7 pages)

            Lawrence McCoy appeals the summary disposition of his second application for postconviction relief.  OPINION HOLDS: Iowa Code sections 822.3 and 822.8 (2010) required dismissal.  And no fact question precluded summary disposition.  SPECIAL CONCURRENCE ASSERTS: I would affirm the summary dismissal of McCoy’s postconviction-relief application, but I would find it unnecessary to address section 822.8, which presumes a timely filed application. 

            Appeal from the Iowa District Court for Black Hawk County, Kellyann Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (17 pages)

            Natalie Kipp appeals the district court order granting Douglas Stanford a new trial under Iowa Rule of Civil Procedure 1.1004.   On appeal, Kipp first argues Stanford’s two objections during closing arguments and two motions for mistrial after plaintiff’s counsel’s closing argument and after rebuttal could not preserve his motion for new trial because defense counsel did not object at all during the rebuttal argument, and his motion for mistrial after the case was submitted to the jury was untimely because it was submitted after the jury had begun deliberating.  Second, Kipp argues the district court abused its discretion by granting Stanford’s motion for new trial.  OPINION HOLDS: Error was preserved.  Under the circumstances of this case and in view of the significant deference given to the district court, we cannot say the district court abused its discretion in determining plaintiff’s counsel’s statements were misconduct, and we cannot say the district court’s prejudice determination rested on clearly untenable or unreasonable grounds.  We affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J. (16 pages)

            Vance Archilee Good appeals from his conviction for first-degree murder, contending there is insufficient evidence of robbery, malice aforethought, or premeditation to support the conviction.  He also asserts the court abused its discretion in allowing a photograph of one of his tattoos to be viewed by the jury.  Finally, he maintains the court erred in allowing “backdoor hearsay.”  OPINION HOLDS: Because there is substantial evidence to support the conviction, the trial court did not abuse its discretion in admitting the photograph, and we are not persuaded that the so-called backdoor hearsay “undermined Good’s sole defense of self-defense” and denied him a fair trial, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Doyle, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            Joseph Quezada Sierra challenges the imposition of a five-year prison sentence following his violation of the terms of his probation.  He argues it was improper for the court to consider his upcoming sentence in Nebraska when deciding probation was not appropriate here.  OPINION HOLDS: Because it is not improper for the sentencing court to consider the defendant’s ability to comply with terms of probation in determining whether to grant probation, Quezada Sierra has not shown the district court considered an improper factor.  We affirm.  

            Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

            Randall Bielfelt appeals his convictions of four counts of second-degree sexual abuse and four counts of third-degree sexual abuse, claiming his counsel rendered ineffective assistance in various respects.  OPINION HOLDS: Having concluded counsel was not ineffective as alleged, we affirm Bielfelt’s criminal convictions.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, Judge. (8 pages)

            Mary Strickler appeals her conviction of conspiracy to commit theft.  She argues (1) insufficient evidence was presented in support of conviction; (2) the trial court erred in denying motions to dismiss; (3) the district court issued an errant jury instruction; (4) inadmissible hearsay evidence was admitted; and (5) the inadmissible hearsay evidence was also in violation of Strickler’s constitutional rights pursuant to both the United States and Iowa constitutions.  OPINION HOLDS: We find the evidence insufficient and reverse and remand to the district court for entry of judgment of acquittal.  We offer no opinion on any other issue raised on appeal.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (6 pages)

            Tim Watts and International Workshop LLC appeal the district court order entering judgment in favor of Joseph Morrissey in the amount of $154,300 on his claim of fraudulent misrepresentation and omission.  OPINION HOLDS: Because sufficient evidence supports each of the elements required to prove actionable fraud, we affirm.

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J. (19 pages)

            Curtis Jones appeals his conviction for first-degree murder following a trial where he represented himself.  He contends his waiver of counsel was not knowing, voluntary, and intelligent, and the State violated his right to an impartial jury under the Sixth Amendment.  OPINION HOLDS: Viewing the record in its totality, we find the district court’s inquiry of Jones was adequate to protect his trial rights.  But we remand his claim that the jury did not represent a fair cross section of the community for further development under new case law from our supreme court.

            Appeal from the Iowa District Court for Warren County, Paul R. Huscher, Judge.   AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Swell Liquor, LLC appeals the denial of its motion for sanctions and attorney fees.  OPINION HOLDS: We discern no abuse of discretion in the court’s refusal to find a violation of the rules and its refusal to impose sanctions or award attorney fees.