2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Kossuth County, Carl J. Petersen, Judge.  AFFIRMED IN PART, REVERSED IN PART, and REMANDED WITH INSTRUCTIONS.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J.  (11 pages)

            This case involves a dispute over a farm lease.  The lease includes an attorney-fee clause.  On appeal, WMG, L.C. claims the district court abused its discretion by denying its request for attorney fees but awarding attorney fees in favor of NCJC, Inc.  Opinion holds: (1) For purposes of the lease’s attorney-fee clause, “the prevailing party” was NCJC, not WMG.  So WMG was not entitled to attorney fees.  (2) Iowa Code section 622.25 (2017) did not preclude NCJC from recovering attorney fees.  (3) Under Brockhouse v. State, 449 N.W.2d 380, 381 (Iowa 1989), Iowa Code section 677.10 precluded NCJC from recovering attorney fees incurred for services provided after the time of WMG’s offer to confess.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran, Doyle, Tabor, Mullins, Greer, Schumacher, and Ahlers, JJ.  Opinion by Mullins, J.  Partial Dissents by Vaitheswaran and Tabor, JJ.  (39 pages)

Jasmaine Warren appeals following her convictions of second-offense operating while intoxicated (OWI) and driving with a revoked license.  On appeal, Warren challenges the sufficiency of the evidence supporting the OWI conviction and argues her counsel rendered ineffective assistance in failing to seek suppression of evidence on the basis that she was subjected to an unconstitutional seizure.  OPINION HOLDS: We reverse Warren’s OWI conviction and remand the matter for a new trial on that count.  We find trial counsel was not ineffective as alleged and thus affirm Warren’s conviction of driving while revoked.  PARTIAL DISSENT ASSERTS: I concur in part and dissent in part.  I concur in Part A of the majority opinion.  I dissent from Part B of the majority opinion.  I would decline to reach the ineffective-assistance-of-counsel issue for the reasons stated in footnote 18 of the dissent.  PARTIAL DISSENT ASSERTS: I respectfully dissent on the ineffective-assistance-of-counsel issue.  It is ill-advised to reject Warren’s complaint on direct appeal—and, in doing so, decide a question of first impression in Iowa—without a full airing of the facts bearing on the suppression challenge.  But if compelled to decide the question on the record we do have, I would find Warren proved by a preponderance of the evidence that her counsel breached a duty by not moving to suppress and prejudice resulted.  Warren’s parking violation did not authorize police to seize her in place of issuing a ticket.

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J. (5 pages)

            Roger McGhee appeals his convictions of third-degree sexual abuse, lascivious acts with a child, and assault with intent to commit sexual abuse.  McGhee (1) challenges the sufficiency of the evidence to support the findings of guilt; (2) contends the district court abused its discretion in admitting certain exhibits that he contends were irrelevant or unfairly prejudicial; and (3) argues the district court considered “unproven offenses when imposing consecutive sentences.”  OPINION HOLDS: We affirm McGhee’s judgment and sentence.

            Appeal from the Iowa District Court for Dickinson County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (12 pages)

            A buyer appeals from the district court’s ruling denying specific performance of a real estate contract and awarding the sellers the deposited earnest money, contending the trial court incorrectly interpreted the real estate contract.  OPINION HOLDS: Finding no error, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle, J., and Mahan, S.J.  Opinion by Doyle, J.  (3 pages)

            Lee Simpson appeals his conviction for failure to comply with the sex offender registry, second offense, arguing his counsel was ineffective in allowing him to plead guilty without a factual basis.  OPINION HOLDS: Because the record shows a factual basis for his plea, Simpson has failed to establish his counsel was ineffective. 

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (7 pages)

            A father appeals the termination of his parental rights to his child under Iowa Code chapter 600A (2018), arguing he did not abandon the child and that termination is not in the child’s best interests.  OPINION HOLDS: We agree with the district court that the mother proved the father abandoned the child and that termination was in the child’s best interests. 

            Appeal from the Iowa District Court for Polk County, Robert J. Blink and Lawrence P. McLellan, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            An offender appeals the sentencing orders imposing correction costs arguing the court did not subject the fees to a reasonable-ability-to-pay analysis.  OPINION HOLDS: Because the sheriff did not specify a wish to include the claimed fees as items of restitution, the sentencing court correctly entered the claims as civil judgments under relevant statutes and case law.  We affirm the awards. 

            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.