2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A man appeals convictions arising from his role as the driver in a hit-and-run.  OPINION HOLDS: We find the record insufficient to review the defendant’s ineffective-assistance-of-counsel claim, and we therefore reserve the claim for possible future postconviction relief proceedings.  However, we vacate the restitution portion of the sentences and remand for entry of a new restitution order in accordance with recent Iowa Supreme Court precedent. 

            Appeal from the Iowa District Court for Clay County, David A. Lester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Roger Allen Rouse appeals the denial of his application for postconviction relief, arguing his plea attorney was ineffective in (A) “allowing [him] to plead guilty without a valid waiver of his right to plead in open court” and (B) “allowing [him] to plead guilty since his guilty plea was involuntary.”  OPINION HOLDS: Because he failed to establish prejudice on the first claim and failed to establish a breach of essential duty on the second, we affirm the denial of his postconviction-relief application.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (9 pages)

            Michael Sandblom appeals his conviction of possession of a controlled substance.  He challenges the sufficiency of the evidence supporting the crime and argues improper testimony was admitted at trial.  OPINION HOLDS: Finding no abuse of discretion in the complained-of evidentiary ruling and concluding Sandblom’s conviction is supported by substantial evidence, we affirm.

            Appeal from the Iowa District Court for Harrison County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (5 pages)

            The estate of Charlotte Anderson appeals the order granting summary judgment on a wrongful death claim in favor of Lindsay Arndt.  OPINION HOLDS: Because the evidence shows Lindsay Arndt had transferred her right or interest to the vehicle that struck and killed Charlotte Anderson, she cannot be held vicariously liable for the negligence acts of its driver as a matter of law.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            J.G. challenges the sufficiency of the evidence supporting the district court’s entry of a protective order pursuant to the Sexual Abuse Act (Iowa Code chapter 236A (2019)).  OPINION HOLDS: Finding substantial evidence supports the district court’s finding that J.G. continued with the sex act after consent had been withdrawn, we affirm.

            Appeal from the Iowa District Court for Henry County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (11 pages)

            Graig Stauffer appeals the denial of his petition to modify the visitation provisions of the November 2015 dissolution decree.  Graig asks for an alternating week-to-week visitation schedule and a “right of first refusal” when others were caring for his and Lisa Stauffer’s child, C.S.  He faults the district court for not allowing the thirteen-year-old child to testify and for using a substantial-change-in-circumstances standard rather than the less stringent material-change-in-circumstances standard.  OPINION HOLDS: The district court appropriately declined to interview the child.  And like the district court, we find no change in circumstances, material or otherwise, that opens the door to any change of visitation, including the right-of-first-refusal option.  We affirm the district court order.

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            An applicant convicted of a class “A” felony appeals from the dismissal of his third application for postconviction relief.  OPINION HOLDS: The narrow exception outlined in Allison v. State, 914 N.W.2d 866 (Iowa 2018), is inapplicable to Long’s third application for postconviction relief, and therefore the untimeliness of Long’s application is not cured.  Additionally, we reject the conclusory statements in Long’s pro se brief alleging that the judge presiding over his postconviction proceedings was biased, prejudiced, or had knowledge obtained extra judicially.  We affirm the dismissal of the application.

            Appeal from the Iowa District Court for Van Buren County, Joel D. Yates and Shawn R. Showers, Judges.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (4 pages)

            Keith Brewington appeals his conviction for one count of possession of a controlled substance, third or subsequent offense, arguing the State cannot use one of his prior convictions to enhance the current charge to a felony because he did not have, nor did he waive, the assistance of counsel.  OPINION HOLDS: Brewington failed to preserve this claim on appeal and we find the record inadequate to address his ineffectiveness claim.  We preserve his ineffectiveness claim for a possible postconviction-relief action.

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (3 pages)

            Tawnia Jorgensen appeals her conviction and sentence of operating while intoxicated following an Alford plea.  She contends her trial counsel was ineffective for multiple reasons.  OPINION HOLDS: Finding Jorgensen’s claims not developed for our review, we preserve her claims.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (4 pages)

            Ajamu El-Amin appeals from his guilty plea to two counts of sexual abuse in the third degree, arguing his counsel was ineffective by allowing him to plead guilty to one of the counts without a sufficient factual basis.  OPINION HOLDS: We conclude the record shows a sufficient factual basis to sustain El-Amin’s guilty plea to the second count of third-degree sexual abuse based on an aiding-and-abetting theory.  We affirm El-Amin’s conviction.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            Frederic Ware III alleges his counsel provided ineffective assistance by allowing him to plead guilty when the plea colloquy did not sufficiently advise him of his constitutional rights and counsel did not file a motion in arrest of judgment.  He also alleges a post-sentencing Brady violation.  OPINION HOLDS: We find Ware did not establish counsel provided ineffective assistance, and his Brady violation claim was not preserved.

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            In this appeal from the dissolution of a common-law marriage of approximately ten years in length, the wife challenges the division of property ordered by the district court.  OPINION HOLDS: After making adjustments to the parties’ net worths, we find it equitable to require the husband to pay the wife an increased property settlement payment of $29,348.69.  Due to the significant difference in the earning abilities of the parties and the wife’s partial success on appeal, we award the wife $2000.00 of appellate attorney fees.