Filed Mar 03, 2021
View Opinion No. 19-1933
View Summary for Case No. 19-1933
Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., May, J., and Carr, S.J. Opinion by Carr, S.J. (2 pages)
Isack Abdinur appeals the dismissal of his application for postconviction relief. OPINION HOLDS: We affirm the dismissal of Abdinur’s application. Abdinur may raise his claim of ineffective assistance of postconviction counsel in a second postconvinction action.
Filed Mar 03, 2021
View Opinion No. 19-1982
View Summary for Case No. 19-1982
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED. Considered by Doyle, P.J., May, J., and Scott, S.J. Opinion by Scott, S.J. (3 pages)
Roy Finch appeals the dismissal of his application for postconviction relief on statute-of-limitations grounds. OPINION HOLDS: We affirm the dismissal of Finch’s application for postconviction relief.
Filed Mar 03, 2021
View Opinion No. 19-2014
View Summary for Case No. 19-2014
Appeal from the Iowa District Court for Pottawattamie County, Timothy O’Grady, Judge. AFFIRMED ON CONDITION AND CASE REMANDED. Heard by Bower, C.J., and Tabor and Mullins, JJ. Opinion by Bower, C.J. (33 pages)
Former city clerk Doreen Mowery sued the City of Carter Lake, Gerald Waltrip, John Paterson, Mary Schomer, Frank Corcoran, and Ronald Cumberledge (collectively “the defendants”) for breach of contract, promissory estoppel, and retaliatory discharge in violation of public policy. The defendants appeal an adverse jury verdict, contending the district court erred in failing to direct a verdict in their favor on each claim or, in the alternative, to order remittitur of duplicate damages awarded by the jury. OPINION HOLDS: We affirm on all issues except remittitur, and we conditionally affirm the trial court’s denial of the defendants’ motion for new trial. If, within fifteen days of the issuance of procedendo, the plaintiff files with the clerk of the district court a remittitur of all the judgment in excess of $206,285.61, the judgment of the district court shall be affirmed. If the plaintiff does not file a remittitur, the district court shall set the case for a new trial.
Filed Mar 03, 2021
View Opinion No. 19-2080
View Summary for Case No. 19-2080
Appeal from the Iowa District Court for Muscatine County, Mark R. Lawson, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by Schumacher, J. (6 pages)
Jesus Antonio Murillo appeals his conviction for willful injury causing bodily injury, challenging the sufficiency of the evidence. OPINION HOLDS: We find substantial evidence in the record from which the jury could find Murillo intended to inflict serious injury upon the victim. Accordingly, we affirm Murillo’s conviction.
Filed Mar 03, 2021
View Opinion No. 19-2089
View Summary for Case No. 19-2089
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. (4 pages)
Jordan Allen appeals the sentences imposed upon three convictions in two separate cases, claiming the court abused its discretion in imposing a prison sentence and in ordering the sentence imposed in the second case be served consecutively. OPINION HOLDS: We find no abuse of discretion and affirm the sentences imposed.
Filed Mar 03, 2021
View Opinion No. 19-2137
View Summary for Case No. 19-2137
Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge. AFFIRMED. Heard by Mullins, P.J., and May and Schumacher, JJ. Opinion by Schumacher, J. (14 pages)
William McGrew and his wife, Elaine McGrew, appeal the jury’s verdict for Dr. Eromosele Otoadese and Northern Iowa Cardiovascular and Thoracic Surgery Clinic, P.C., in their medical malpractice action. OPINION HOLDS: Because the rules of civil procedure require the disclosure of expert opinions, we conclude the district court did not abuse its discretion by ruling a physician could only testify concerning his treatment of McGrew and not to matters arising before he began treating him. Also, the court did not abuse its discretion by ruling another physician could not testify in the case, as he did not provide any direct treatment to McGrew. The McGrews did not provide adequate disclosure of the nature of the doctors’ expert opinions. We determine the court did not abuse its discretion by ruling the McGrews could not present evidence of Dr. Otoadese’s past relationships with a hospital or medical clinic, as the evidence was more prejudicial than probative. We affirm the decision of the district court.
Filed Mar 03, 2021
View Opinion No. 20-0024
View Summary for Case No. 20-0024
Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Greer, J. (5 pages)
Davon Mozie appeals the denial of his application for postconviction relief (PCR). He claims his right to be free from cruel and unusual punishment was infringed because he was subject to mandatory minimum sentencing for a crime he committed at the age of nineteen. OPINION HOLDS: As we have done many times before, we decline to extend the prohibition of mandatory minimum sentences of imprisonment to adult offenders. We affirm the denial of Mozie’s PCR application.
Filed Mar 03, 2021
View Opinion No. 20-0065
View Summary for Case No. 20-0065
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (4 pages)
Deandre Miller challenges the sufficiency of the evidence supporting his conviction for assault causing serious injury. Miller claims there is insufficient evidence identifying him as the complaining witness’s assailant. OPINION HOLDS: Sufficient evidence established Miller was the complaining witness’s assailant. She identified Miller as her attacker, both in person and by photo. Cell phone records also incriminated Miller.
Filed Mar 03, 2021
View Opinion No. 20-0164
View Summary for Case No. 20-0164
Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (16 pages)
Clinton Sauvain appeals his convictions for one count of second-degree sexual abuse and two counts of third-degree sexual abuse. He contends the State committed a Brady violation by failing to disclose exculpatory evidence; the district court erred by not giving a spoliation instruction on that evidence; and the prosecutor engaged in misconduct. He also argues the court abused its discretion by refusing to disclose the victim’s entire mental-health treatment record and by imposing consecutive sentences for his convictions. OPINION HOLDS: Finding no Brady violation, instructional error, or prosecutorial misconduct, we affirm his convictions. We also find the district court did not err in releasing only two pages of the mental-health treatment records. And because the court did not abuse its discretion in imposing consecutive sentences, we affirm his sentences.
Filed Mar 03, 2021
View Opinion No. 20-0279
View Summary for Case No. 20-0279
Appeal from the Iowa District Court for Polk County, David Porter, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (6 pages)
Bradley Graham appeals his convictions for two counts of forgery and one count of third-degree theft. He contends there was insufficient evidence to show he knew the checks he cashed were altered or created without permission of the account holder or that he knowingly deceived the credit union on presenting the first check. OPINION HOLDS: Substantial evidence supports the jury’s verdict finding Graham guilty as charged. We affirm.
Filed Mar 03, 2021
View Opinion No. 20-0475
View Summary for Case No. 20-0475
Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (12 pages)
Ronald Taylor appeals the denial of his second and third postconviction-relief (PCR) actions, arguing the PCR court failed to address his claim of actual innocence and trial counsel was ineffective. He contends the district court failed to apply the standard from Schmidt v. State, 909 N.W.2d 778, 797 (Iowa 2018). He also contends his attorney was ineffective (1) for not investigating the State’s threat to file additional charges, (2) in failing to offer proof at the hearing on his motion in arrest of judgment, and (3) in failing to support his motion to withdraw his Alford pleas. OPINION HOLDS: Because the prior PCR action addressed several of these issues, we find them precluded from our review. On the actual-innocence claim, we find the court did apply Schmidt and properly determined Taylor did not meet that heavy burden of proof. On the remaining claim—that counsel was ineffective for not offering evidence to bolster the motion to withdraw his pleas—Taylor fails to show that counsel breached an essential duty. We thus affirm the denial of relief.
Filed Mar 03, 2021
View Opinion No. 20-0570
View Summary for Case No. 20-0570
Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge. AFFIRMED. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by May, P.J. (6 pages)
Christopher Nichols appeals his prison sentence. OPINION HOLDS: The record does not show the district court relied on improper sentencing considerations. So we affirm.