2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (11 pages)

            Larry Wiggins Jr. appeals his conviction of possession of marijuana with intent to deliver.  He argues his attorney was ineffective in failing to challenge the sufficiency of the evidence supporting his conviction and failing to request a jury instruction concerning accommodation with a special interrogatory concerning quantity.  He also argues the court erred in denying his motion for mistrial during jury selection.  OPINION HOLDS: Having found no abuse of discretion in the court’s denial of Wiggins’s mistrial motion and counsel was not ineffective as alleged, we affirm Wiggins’s conviction.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Marten Huffey sought compensation from his employer for his work-related injuries.  He also raised a claim against the Second Injury Fund.  After the workers’ compensation commissioner decided the matter, both parties appealed the district court’s judicial review order reversing and remanding Huffey’s claim for benefits back to the worker’s compensation commissioner for further determination.  OPINION HOLDS: Because the Second Injury Fund points to no code provisions that require Huffey to present medical documentation of his 1999 injury and a first injury need not result in an industrial disability to constitute a “loss of use,” we conclude the agency wrongly interpreted the law when assessing the requirements for proof of a valid first loss.  Next, whether Huffey satisfied the third element of a second-injury claim remains to be decided by the commissioner.  Last, we believe a remand is necessary for the agency to evaluate the conflicting expert testimony on the sequela issue and decide whether Huffey’s claim that the March 2011 injury caused permanent and total disability because of a left knee sequela injury under Iowa Code 85.34(2) (2018).

      Appeal from the Iowa District Court for Benton County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Ahlers, JJ.  Greer, J., takes no part.  Opinion by Doyle, J.  (6 pages)

            Parties to a wrongful death lawsuit appeal the order granting a new trial on damages.  OPINION HOLDS: Because there is a reasonable probability that juror misconduct influenced the verdict relating to damages, the trial court acted within its discretion in granting a new trial on that issue.  But there is no basis for finding the award itself was inadequate, so an order for additur is unwarranted. 

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  CONVICTION AFFIRMED AND REMANDED.  Considered by Bower, C.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Elmer Scheckel appeals from his Alford plea to third-degree fraudulent practice.  OPINION HOLDS: Counsel was not ineffective for allowing Scheckel to enter a plea because sufficient evidence supported the charge.  We remand for entry of a nunc pro tunc order to correct a scrivener’s error in the judgment entry.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Ray Sullins appeals the district court’s order granting Donna Sullins’ pre-answer motion to dismiss his petition to vacate a district court order denying his motion for new trial.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J. (8 pages)

Shawnette Courts appeals her conviction and sentence for operating while intoxicated, second offense, following a bench trial on the stipulated evidence.  Courts maintains the district court abused its discretion in finding there was not good cause to extend the deadline to allow her to file a motion to suppress more than seventy-five days after the deadline and argues the court’s order of restitution violates the procedure outlined in State v. Albright, 925 N.W.2d 144, 162 (Iowa 2019).  OPINION HOLDS: The district court did not abuse its discretion in refusing to find good cause for delay some seventy-five days after the deadline for a motion to suppress had passed.  However, we vacate the portion of the sentencing order involving restitution for court costs and correctional fees and remand to the district court for further proceedings consistent with Albright. 

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Tabor, J., takes no part.  Opinion by May, J. (5 pages)

            Jamison Fisher appeals his conviction of theft in the first degree.  He argues the evidence was insufficient to prove one of the State’s alternate theories.  OPINION HOLDS: We find the evidence was sufficient.  So we affirm Fisher’s conviction.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            A jury found Tommy Dean Sanders, Jr. guilty of third-degree burglary and possession of contraband on or in the grounds of a correctional facility.  Sanders contends (1) the evidence was insufficient to support the findings of guilt and (2) the district court erred in denying his motion to dismiss the possession-of-contraband charge.  OPINION HOLDS: We affirm Sanders’ judgment and sentence for third-degree burglary and possession of contraband on or in the grounds of a correctional facility.

            Appeal from the Iowa District Court for Hamilton County, Paul B. Ahlers, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Ahlers, J., takes no part.  Opinion by Doyle, J.  (4 pages)

            Clint Braun appeals after pleading guilty to one count of forgery, claiming his counsel was ineffective by failing to object to the prosecutor’s alleged breach of the plea agreement.  OPINION HOLDS: Braun has failed to show his counsel breached an essential duty by failing to object.  The record does not show the prosecutor breached the plea agreement by implying a material reservation, as Braun alleges. 

            Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  Dissent by Greer, J.  (21 pages)

            GreatAmerica seeks to enforce a “hell or high water” clause against an entity, Natalya Rodionova Medical Care, P.C. (NRMC), which has submitted evidence the signature on the financing contract is a forgery and that it did not accept or ratify the contract.  OPINION HOLDS: Viewing the record in the light most favorable to NRMC, the district court erred in finding GreatAmerica proved ratification as a matter of law.  There are genuine issues of material fact concerning ratification that preclude summary judgment.  DISSENT ASSERTS: Based on the undisputed facts, I believe the district court correctly granted summary judgment against NRMP.  I would affirm the summary judgment ruling and enter judgment accordingly.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  REVERSED.  Heard by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The appellants appeal the judicial-review ruling of the district court.  They argue the Iowa Workers’ Compensation Commissioner properly denied Rachel Lovan’s application for alternate medical care and the court erred in reversing that decision.  OPINION HOLDS: We find the record on appeal is insufficient for us to review the agency decision, and we reverse the district court’s ruling.

            Appeal from the Iowa District Court for Black Hawk County, Alan T. Heavens and Kellyann M. Lekar, Judges.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            Christopher Roby appeals from his convictions and sentences for sexual abuse in the third degree, possession of marijuana with intent to deliver, and eluding.  Roby argues his counsel was ineffective by failing to challenge his arrest, bail, and guilty pleas.  OPINION HOLDS: We find all of Roby’s arguments without merit and affirm.