Filed Feb 17, 2021
View Opinion No. 19-2029
View Summary for Case No. 19-2029
Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge. REVERSED AND REMANDED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Doyle, P.J. (13 pages)
Jennifer Tucker appeals her convictions for possession with intent to deliver drugs. Among other things, she argues the district court erred in denying her motion to dismiss and to enforce her cooperation agreement. OPINION HOLDS: The State did not carry its burden to show that Tucker agreed to perform additional duties with the drug task force or to testify a second time at her co-accused’s retrial. The devil is in the details, and here there were no details. Although Tucker did not perform as the State wished, Tucker performed as required under her agreement with the State. In repudiating the agreement, the State breached the agreement. For these reasons, we grant specific performance here and reverse the denial of Tucker's motion to dismiss. We vacate the drug convictions and sentences and remand for dismissal of the drug charges in accordance with the agreement.
Filed Feb 17, 2021
View Opinion No. 19-2037
View Summary for Case No. 19-2037
Appeal from the Iowa District Court for Clarke County, Patrick W. Greenwood, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and Greer, JJ. Opinion by Greer, J. (9 pages)
The district court summarily dismissed Martin Moon’s third application for postconviction relief (PCR), finding it was time-barred by the statute of limitations established in Iowa Code section 822.3 (2018). On appeal Moon argues a fact dispute over the date procedendo from his original appeal occurred prohibits summary dismissal of his application. Put more simply, Moon contends he should be allowed an opportunity to develop his PCR theories and the district court’s summary dismissal was in error. OPINION HOLDS: Because Moon failed to show his third PCR claim overcomes the time limits of section 822.3, we find the summary dismissal of the third PCR action was correct. We affirm.
Filed Feb 17, 2021
View Opinion No. 19-2061
View Summary for Case No. 19-2061
Appeal from the Iowa District Court for Jefferson County, Joel D. Yates, Judge. SENTENCES VACATED AND REMANDED FOR RESENTENCING. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Greer, J. (5 pages)
After pleading guilty to possession with intent to deliver (methamphetamine) and possession, third or subsequent offense (heroin), Ricardo Rodriguez challenges the sentencing hearing and his sentences. Specifically, Rodriguez contends the district court failed to state adequate reasons on the record for the sentence it imposed. He also maintains the court imposed an illegal sentence because he did not have two qualifying predicate convictions to be sentenced for a third or subsequent offense under Iowa Code section 124.401(5) (2019). OPINION HOLDS: As the State concedes, the district court erred in sentencing Rodriguez as a third or subsequent offender because he did not commit his second offense after his first conviction. We vacate Rodriguez’s sentences and remand for resentencing.
Filed Feb 17, 2021
View Opinion No. 19-2120
View Summary for Case No. 19-2120
Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge. AFFIRMED. Heard by May, P.J., and Greer and Schumacher, JJ. Opinion by May, P.J. (23 pages)
Otoniel Decanini-Hernandez appeals his conviction as a felon in possession of a firearm. OPINION HOLDS: Decanini-Hernandez was not in custody for purposes of Miranda when questioned by law enforcement. The district court did not abuse its discretion in preventing Decanini-Hernandez from questioning a witness about his pending drug charges.
Filed Feb 17, 2021
View Opinion No. 19-2130
View Summary for Case No. 19-2130
Appeal from the Iowa District Court for Kossuth County, Carl J. Petersen, Judge. AFFIRMED. Heard by May, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (24 pages)
Jeffrey Winters appeals his conviction following a jury trial in which he was found guilty of murder in the first degree. Winters argues the district court abused its discretion in declining to strike two potential jurors for cause and when it overruled his motion for a mistrial following certain questioning by the prosecution implicating his right to remain silent. Winters also asserts that the evidence is insufficient to support the jury’s guilty verdict. OPINION HOLDS: Upon our review, we find no abuse of discretion in the district court’s refusal to strike the jurors and in denying Winters’s motion for a mistrial. The record contains substantial evidence to support the jury’s verdict. Accordingly, we affirm.
Filed Feb 17, 2021
View Opinion No. 19-2138
View Summary for Case No. 19-2138
Appeal from the Iowa District Court for Polk County, David Porter, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Doyle, P.J. (6 pages)
An employer and its workers’ compensation insurance carrier appeal an award of workers’ compensation benefits to an employee. OPINION HOLDS: Because the commissioner correctly applied the law to the facts and substantial evidence supports the commissioner’s findings regarding causation, the rate of compensation, and penalty benefits, we affirm.
Filed Feb 17, 2021
View Opinion No. 20-0047
View Summary for Case No. 20-0047
Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge. AFFIRMED. Considered by Bower, C.J., Greer, J., and Carr, S.J. Opinion by Carr, S.J. (3 pages)
Laurel Neumeyer appeals the entry of a final domestic abuse protective order under Iowa Code chapter 236 (2019). OPINION HOLDS: Because at least two incidents Judy alleged in the petition qualify as domestic abuse, we affirm the entry of the protective order under chapter 236.
Filed Feb 17, 2021
View Opinion No. 20-0059
View Summary for Case No. 20-0059
Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by Schumacher, J. (16 pages)
Defendant appeals from three separate jury trials where he was found guilty of driving while license revoked. He argues the evidence is insufficient to prove he operated a motor vehicle in one of his cases. Additionally, he asserts his right to self-representation was violated in all three of his cases when he was represented by counsel despite his requests to proceed pro se. OPINION HOLDS: We find the record contains substantial evidence to support the jury’s verdict and that Burgdorf’s right to self-representation was not violated. Accordingly, we affirm.
Filed Feb 17, 2021
View Opinion No. 20-0062
View Summary for Case No. 20-0062
Appeal from the Iowa District Court for Clay County, Nancy L. Whittenburg, Judge. AFFIRMED. Considered by Bower, C.J., and May and Ahlers, JJ. Opinion by Ahlers, J. (3 pages)
Marcia Nemmers appeals the dismissal of her claim of wrongful discharge in violation of public policy. OPINION HOLDS: The Iowa Civil Rights Act provides the exclusive remedy for Nemmers’s claim the City of Spencer discharged her for reporting age discrimination. Therefore, we affirm the dismissal of her claim of wrongful discharge in violation of public policy.
Filed Feb 17, 2021
View Opinion No. 20-0074
View Summary for Case No. 20-0074
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Vaitheswaran, J. (8 pages)
Daniel Ockenfels appeals the district court’s denial of his postconviction-relief application contending his plea attorneys were ineffective in failing to inform him (A) of legal defenses to the burglary charge and (B) the knowledge element of forgery. OPINION HOLDS: We affirm the denial of Ockenfels’ postconviction-relief application.
Filed Feb 17, 2021
View Opinion No. 20-0105
View Summary for Case No. 20-0105
Appeal from the Iowa District Court for Marion County, Patrick W. Greenwood, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by May, J. (3 pages)
Shannon Remington appeals the judgment against her for breach of contract. She alleges she does not owe money to Hill Law Firm (Hill) because Hill breached their contract first. OPINION HOLDS: Hill did not breach. Remington must pay Hill for the services rendered.
Filed Feb 17, 2021
View Opinion No. 20-0179
View Summary for Case No. 20-0179
Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by Mullins, P.J. (7 pages)
James Spates Jr. appeals his convictions following jury trial. He argues the district court erred in admitting exhibit B and expert testimony provided by an alleged lay witness and the convictions are reversible on plain error. OPINION HOLDS: Spates’s hearsay objection following the admission of exhibit B was untimely, and no ruling followed. Accordingly error was not preserved. We find no abuse of discretion in admitting the social worker’s testimony regarding her observations. We decline to adopt the plain-error doctrine.