March 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            Kyle Reasoner appeals following his guilty plea to carrying weapons, raising various claims of ineffective assistance of counsel.  OPINION HOLDS: We affirm Reasoner’s conviction for carrying weapons, and we preserve his ineffective-assistance claims relating to potential affirmative defenses for possible postconviction relief. 

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            Following vacation of the district court’s ruling and remand, Riley Augustus Mallett appeals the denial of his motion for new trial on the charge of robbery.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Janet Schneider appeals the district court’s orders denying her request for an extension of time to file an expert witness certificate of merit affidavit pursuant to Iowa Code section 147.140 (2018) and dismissing her personal injury and wrongful death action arising from the death of her husband following his treatment by the defendant medical providers.  OPINION HOLDS: We affirm the district court’s order.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (6 pages)

            Thomas J. Houser appeals and Susan Flanagan Houser cross-appeals the economic provisions of the decree dissolving their thirty-one-year marriage.  The main issue at trial was Susan’s request for spousal support.  The court ordered Tom to pay Susan $5500 per month for twenty-four months, then $3000 per month for the next 132 months.  The court also ordered Tom to pay $35,000 of Susan’s attorney fees.  OPINION HOLDS: After considering the parties’ arguments and the factors set out in section 598.21A(1) (2018), as well as both Susan’s economic need and the tax consequences of the award, we modify the decree to award Susan $2500 per month in spousal support for a period of 156 months (from the date of the decree) and terminating on Susan’s remarriage or either party’s death.  We find no abuse of discretion in the district court’s award of trial attorney fees to Susan.  After considering all applicable factors and circumstances, we decline to award either party appellate attorney fees.   

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (3 pages)

            Perry claims the district court erred by ordering restitution without making a reasonable-ability-to-pay determination as to all potential restitution.  OPINION HOLDS: Because the order clearly indicates the court made a reasonable-ability-to-pay determination as to attorney fees, we affirm the attorney fees portion of the restitution order.  But the district court made no reasonable-ability-to-pay determination in regard to the court costs assessed in the restitution order.  We therefore vacate the provision assessing Perry court costs and remand to the district court to make a reasonable-ability-to-pay determination consistent with State v. Albright, 925 N.W.2d 144, 159 (Iowa 2019). 

            Appeal from the Iowa District Court for Calhoun County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (13 pages)

            Luke Groat appeals his convictions for stalking, domestic abuse assault, and harassment in the third degree.  He claims the district court abused its discretion in denying his motions for mistrial, his constitutional rights to due process and a fair trial were violated, and the district court admitted hearsay evidence that was not properly authenticated.  OPINION HOLDS: The district court did not abuse its discretion in denying Groat’s first motion for mistrial.  Groat does not develop an appellate argument relating to his second motion for mistrial, so his claim is waived.  Groat did not preserve error on his constitutional claims.  And the challenged evidence was properly authenticated and was not hearsay, so it was properly admitted.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (14 pages)

            Charles Beverage’s estate and children appeal the dismissal of their asbestos-related claims.  OPINION HOLDS: Plaintiffs have not shown the district court erred by concluding Iowa Code section 686B.7(5) (2017) granted immunity to defendants. 

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (15 pages)

            Following Helen Burge’s death, her executor sought to probate her will.  Certain beneficiaries objected to the final report, and, after hearing, the probate court entered an order resolving those objections.  Some of the beneficiaries appeal and cross-appeal from that order, arguing the court had no authority or jurisdiction to resolve certain disputes and the court erred in distributing particular assets.  OPINION HOLDS: We reject these challenges and affirm.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (10 pages)

            Martin Beaulieu appeals the district court’s dismissal of his postconviction relief (PCR).  Beaulieu’s case differs from common PCR claims in two ways.  First, he waived his right to counsel, and second, he was charged with simple misdemeanors.  Beaulieu contends that he presented sufficient reason for not raising a timely appeal to his guilty pleas and was prejudiced as a result. OPINION HOLDS: Because we find Beaulieu’s health crisis constituted sufficient reason for his untimely appeal, we reverse the district court’s decision and remand with directions.

            Appeal from the Iowa District Court for Clinton County, John Telleen, Judge.  CONDITIONALLY AFFIRMED AND REMANDED.  Heard by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  Special Concurrence by Greer, J.  (18 pages)

            Steve Armsted appeals his convictions for first-degree murder.  He argues: (1) insufficient evidence supported his first-degree murder convictions, (2) the district court abused its discretion by admitting autopsy photographs, and (3) the racial composition of the jury pool violated his constitutional right to a jury drawn from a fair cross-section of the community.  OPINION HOLDS: Sufficient evidence supported Armsted’s murder convictions.  The district court did not abuse its discretion in admitting autopsy photographs.  But we conclude Armsted should have an additional opportunity to develop his fair cross-section claim.  So we conditionally affirm and remand.  SPECIAL CONCURRENCE ASSERTS: I concur in the majority opinion because of the concession by the State, but I write to highlight the practical dilemma playing out in cases across our state where a fair cross-section challenge is raised.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Robert William Kuhn appeals his convictions of three counts of sexual exploitation of a minor and three counts of invasion of privacy, challenging the sufficiency of the evidence and asserting errors in the jury instructions.  OPINION HOLDS: We find sufficient evidence to support Kuhn’s convictions for all six charges.  We find no error in the definitional instructions given by the district court.  As a result, we affirm Kuhn’s convictions.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (7 pages)

            Donovan Aubry Ross appeals the denial of his application for postconviction relief (PCR).  He contends the district court erred in allowing him to plead guilty to attempted murder without a factual basis.  He also argues his trial attorneys rendered ineffective assistance when they: 1) failed to advise him his codefendant’s guilty plea could be used as evidence in his case and 2) failed to investigate the defense of diminished responsibility.  OPINION HOLDS: Because we conclude Ross failed to challenge the factual basis for his plea by waiving his right to move in arrest of judgment, and he does not claim this was a result of ineffective assistance of trial counsel, we do not consider that argument.  We affirm the PCR court’s denial of postconviction relief to Ross under the first issue.  On the second and third issues, raised as ineffective assistance of trial counsel, and not as ineffective assistance of PCR counsel, we find Ross has not preserved the issues for our review.  So we affirm the denial of his application for postconviction relief.