2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS:  We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights.  We find the State engaged in reasonable efforts to reunite the mother with the children and termination is in the children’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights to their two children, arguing: (A) the record lacks clear and convincing evidence to support the grounds for termination cited by district court; (B) termination was not in the children’s best interests; and (C) the district court should have granted an exception to termination based on the parent-child bond.  OPINION HOLDS: We affirm the termination of the parents’ rights to the children.

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

            A mother of three children and the father of one of the children separately appeal the termination of their parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the parents’ rights.  On the mother’s claim, we find termination of her parental rights is in the children’s best interests.  The father claims the court should have applied an exception to termination, and we find the court properly denied his claim.  Accordingly, we affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (7 pages)

            A mother appeals the juvenile court’s termination of her parental rights.  OPINION HOLDS: We conclude termination was appropriate under Iowa law and consistent with the child’s best interest.

            Appeal from the Iowa District Court for Union County, Patrick W. Greenwood, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J. (7 pages)

            Donovan Houghmaster appeals following his guilty pleas to theft of a motor vehicle, criminal mischief in the second degree, and lascivious acts with a child, contending the district court: (1) should not have relied on the risk assessment tools referenced in the presentence investigation (PSI) report; (2) improperly relied on the sentencing recommendation in the PSI report; (3) entered conflicting orders on reimbursement of attorney fees; and (4) erred in ordering him to make restitution of “all counseling required for the victim” rather than counseling associated with the crime.  OPINION HOLDS: We affirm and remand for the district court to issue a nunc pro tunc order to remove the assessment of attorney’s fees inconsistent with the court’s oral pronouncement of Houghmaster’s sentence. 

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            A jury found Eric Campbell Jr. guilty of robbery in the first degree and voluntary manslaughter.  On appeal, Campbell maintains (1) there is insufficient evidence to support his convictions, (2) the court abused its discretion in admitting prior-bad-acts evidence, and (3) the court abused its discretion in sentencing him.  OPINION HOLDS: Because sufficient evidence supports his convictions and the trial court did not abuse its discretion in admitting a challenged photo, we affirm Campbell’s convictions.  However, the sentencing court relied on improper factors in imposing sentence, and we remand for resentencing. 

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (18 pages)

            Brandon Schaul appeals the denial of his postconviction-relief petition, asserting multiple instances of ineffective assistance of counsel on the part of his trial and appellate counsel.   OPINION HOLDS: Because we find no prejudice both alone and cumulatively, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Mullins, J.  (6 pages)

            Dwayne Williams appeals the summary disposition of his application for postconviction relief.  OPININON HOLDS: We affirm the district court. 

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., Mullins, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            Melanie Anne Holman appeals her conviction for operating while intoxicated, third or subsequent offense.  OPINION HOLDS: Holman has failed to show she received ineffective assistance of counsel.  Counsel had no duty to move to suppress the breath test results because there is no probability the motion would have succeeded.  And Holman was not prejudiced by counsel’s failure to move to suppress any statements made after she asked for an attorney or challenge evidence that she was operating under the influence of alcohol because the State only prosecuted her under the theory that she operated a motor vehicle while having an alcohol concentration of .08 or more. 

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Bower, C.J., Mullins, J., and Vogel, S.J.  Opinion by Mullins, J.  (14 pages)

            Albert Johnson appeals the denial of his application for postconviction relief (PCR).  He makes several claims of ineffective assistance of counsel and prosecutorial misconduct.  OPINION HOLDS: Trial counsel was not ineffective in failing to object to police testimony outside the scope of the minutes of evidence, a joint-criminal-conduct jury instruction, and multiple improprieties allegedly committed by the State during closing arguments.  Appellate counsel was not ineffective in failing to argue the speedy-trial waiver was involuntary because no duty was breached.  PCR claims related to failure to develop a record are unsuccessful because of Johnson’s failure to sufficiently identify error for this court to review and claims regarding violations of the rules of professional conduct fail because no prejudice has resulted.  Johnson presented no sufficient cause for failing to raise prosecutorial misconduct on direct appeal.  Therefore, we need not reach the merits of the prosecutorial-misconduct claims. 

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J.  (13 pages)

            We must decide whether a subrogation agreement was enforceable, whether a company and its principals waived certain defenses, and whether a director of the company breached a fiduciary duty.  OPINION HOLDS: Because the subrogation agreement was valid under the basic tenets of subrogation law, the waivers were enforceable, and Adam Koppes made decisions in the appellants’ best interests, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (7 pages)

            Hayes Baker III appeals the denial of his fourth postconviction-relief application (PCR) on statute-of-limitation grounds.  He argues new evidence establishes an actual-innocence claim to overcome the statute-of-limitations defense.  OPINION HOLDS: We conclude a gateway actual-innocence exception does not apply here.  Because Baker filed this fourth PCR application more than three years after procedendo issued, it is barred by the statute of limitations.