Filed May 13, 2020
View Opinion No. 19-0716
View Summary for Case No. 19-0716
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.
Filed May 13, 2020
View Opinion No. 19-0739
View Summary for Case No. 19-0739
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.
Filed May 13, 2020
View Opinion No. 19-0780
View Summary for Case No. 19-0780
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.
Filed May 13, 2020
View Opinion No. 19-0812
View Summary for Case No. 19-0812
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.
Filed May 13, 2020
View Opinion No. 19-0814
View Summary for Case No. 19-0814
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.
Filed May 13, 2020
View Opinion No. 19-0849
View Summary for Case No. 19-0849
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.
Filed May 13, 2020
View Opinion No. 19-0876
View Summary for Case No. 19-0876
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.
Filed May 13, 2020
View Opinion No. 19-0913
View Summary for Case No. 19-0913
Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman and William Patrick Wegman, Judges. AFFIRMED. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Mullins, J. (5 pages)
Willie Guyton Jr. appeals the denial of his motion to withdraw pleas of guilt. OPINION HOLDS: We affirm the denial of Guyton’s motion.
Filed May 13, 2020
View Opinion No. 19-0937
View Summary for Case No. 19-0937
Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and May and Greer, JJ. Opinion by May, J. (3 pages)
Melissa West appeals the revocation of her deferred judgment and imposition of a jail sentence following multiple probation violations. OPINION HOLDS: The district court did not abuse its discretion in revoking West’s deferred judgment and imposing a jail sentence.
Filed May 13, 2020
View Opinion No. 19-0952
View Summary for Case No. 19-0952
Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Schumacher, J. (9 pages)
A defendant appeals from plea proceedings in which he was convicted of sexual abuse in the third degree. He alleges he received ineffective assistance of counsel. OPINION HOLDS: Of the three claims of ineffective assistance of counsel raised on appeal, two should be preserved for possible future postconviction-relief proceedings, where the record can be further developed. However, we reject on direct appeal the defendant’s claim that his counsel was ineffective for failing to object to a lack of a factual basis to support the plea, as such an objection would have been meritless given the content of the minutes of testimony and the defendant’s admissions during the plea colloquy. The conviction is affirmed.
Filed May 13, 2020
View Opinion No. 19-1004
View Summary for Case No. 19-1004
Appeal from the Iowa District Court for Grundy County, David P. Odekirk, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Ahlers, J. (3 pages)
Shawn Eastman-Adams challenges the district court’s decision to send her to prison after she was convicted of theft in the second degree as a habitual offender. OPINION HOLDS: We find no abuse of the district court’s discretion in imposing a prison sentence rather than a suspended sentence.
Filed May 13, 2020
View Opinion No. 19-1029
View Summary for Case No. 19-1029
Appeal from the Iowa District Court for Story County, James B. Malloy and Steven P. Van Marel, District Associate Judges. AFFIRMED. Considered Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Doyle, J. (4 pages)
Monique Robinson appeals the judgment and sentence entered for trespass causing injury and disorderly conduct after her probation was revoked. OPINION HOLDS: Robinson’s request of an extension of the term of her probation waived any challenge to the court’s authority to do so, and her counsel was not ineffective in failing to challenge the validity of the extension at the probation revocation hearing. Because the proper forum for challenging the validity of the extension was by certiorari or postconviction proceedings, we do not address the issue on appeal from the probation revocation.