2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (6 pages)

            Willie J. Wilder appeals the denial of his second postconviction-relief (PCR) application.  OPINION HOLDS: We conclude that Wilder’s second PCR application does not qualify for the Allison relation-back doctrine because it was not promptly filed after conclusion of his first PCR action and is therefore time barred.  The district court correctly dismissed Wilder’s the application.

            Appeal from the Iowa District Court for Polk County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Darien Sims appeals the district court decision revoking his deferred judgment on a charge of forgery and sentencing him.  OPINION HOLDS: We conclude the district court did not abuse its discretion in revoking Sims’s deferred judgment, as he admitted he violated terms of his probation.  We also find the district court did not improperly consider an unproven or unprosecuted offense when sentencing him.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Muscatine County, Mary E. Howes and Tom Reidel, Judges.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Rodney Wadden appeals his conviction for driving while barred in violation of Iowa Code sections 321.561 and 321.562 (2018) and driving with a revoked license in violation of Iowa Code section 321J.21, challenging the denial of his motion to suppress evidence obtained following the stop of his vehicle.  OPINION HOLDS: On our de novo review, we conclude the officer did not have a reasonable suspicion of criminal activity to justify stopping Wadden’s vehicle.  We reverse and remand for further proceedings consistent with this decision.

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            A county board of adjustment appeals a district court decision reversing and remanding its grant of a conditional use permit for want of written findings.  OPINION HOLDS: We deny the motion to dismiss this appeal filed by the permit applicant, as we conclude the district court’s order was a final adjudication of the parties’ rights.  Because we agree the board did not substantially comply with the requirement to establish findings, the district court is affirmed.

            Appeal from the Iowa District Court for Lee (North) County, Mark Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (6 pages)

            Robert Vaughan appeals the denial of his postconviction-relief application.  He argues trial counsel was ineffective and newly-discovered evidence warrants a new trial.  OPINION HOLDS: Vaughan has not met his burden of proof on any of his claims.  We affirm.

            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 Bower, C.J.  (3 pages)

            Preston Brittain appeals the sentences imposed following his pleas of guilty to three counts of sexual abuse in the third degree.  He contends the district court abused its discretion in imposing a prison term instead of suspending the sentences.  OPINION HOLDS: Finding no abuse of the court’s sentencing discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Deonta Sistrunk appeals his sentence for second degree theft.  He claims the court ordered an illegal sentence, challenging the value of the item taken.  OPINION HOLDS: Sistrunk’s claim is not one of an illegal sentence.  We find the court did not abuse its discretion in sentencing and affirm.

            Appeal from the Iowa District Court for Des Moines County, Daniel P. Wilson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (13 pages)

            The plaintiff appeals the district court ruling granting summary judgment in favor of the defendant in the plaintiff’s lawsuit for defamation, violation of the whistleblower statute, and intentional infliction of emotion distress.  OPINION HOLDS: We affirm the district court’s grant of summary judgment on all counts.

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (12 pages)

            Charles Jones and his limited liability company, Green Development Sokol, appeal the district court’s award of $17,708—plus interest and attorney fees—to Nesset, Inc. doing business as Weber Paint and Glass.  Jones and Green Development raise three issues.  First, they complain Weber Paint misjoined its equitable action to foreclose a mechanic’s lien with a breach of contract claim.  Second, Jones alleges the district court mistakenly held him personally liable for the breach.  And third, they claims the court should have reduced Weber Paint’s award based on deficiencies in the work that company performed.  OPINION HOLDS: We grant relief on one of the appellants’ three claims.  They waived their first claim by failing to timely raise the misjoinder issue.  But on Jones’s second claim, we agree the court misapplied the burden of proof in imposing personal liability.  On the third issue, the court properly rejected an offset based on the appellants’ allegations of Weber Paint’s substandard performance.  Finally, we remand for the district court to award reasonable appellate attorney fees to Weber Paint, as the prevailing plaintiff.

            Appeal from the Iowa District Court for Johnson County, Mary E. Chicchelly, Judge.  SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (3 pages)

            Eric Cole appeals after pleading guilty to willful injury resulting in bodily injury and domestic abuse assault causing bodily injury.  OPINION HOLDS: Cole’s counsel was ineffective by failing to object to the prosecutor’s breach of the plea agreement.  We vacate his sentence and remand to the district court for resentencing before a different district court judge.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (7 pages)

            A juvenile appeals an order for restitution in a delinquency proceeding.  OPINION HOLDS: We find the evidence insufficient to support the court’s order for restitution as to the items of restitution challenged on appeal.  We affirm the restitution as to the victim’s insurance deductible but reverse as to the remaining amounts of restitution.

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

            Eddie Risdal appeals the district court’s dismissal of his application for postconviction relief, contending “the district court erred by rejecting [his claims] on procedural grounds” and postconviction counsel was ineffective in failing to recast his claims as constitutional issues.  OPINION HOLDS: We affirm the dismissal of Risdal’s 2018 postconviction-relief application.