April 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

            Contending settlement of Ed Albaugh’s petition for partial commutation of workers’ compensation benefits had been reached before he died, the Estate of Ed Albaugh applied to the district court to enforce the settlement.  The Estate and UPS Freight filed dueling motions for summary judgment.  The district court found “that the parties engaged in settlement negotiations that did not result in an agreement on its final terms.”  So the court found there was no agreement for the court to enforce.  OPINION HOLDS: We cannot find that the parties ever mutually assented to the same settlement agreement.  We therefore affirm the district court’s ruling on the parties’ motions for summary judgment.

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (7 pages)

           Jameesha Allen appeals her conviction, following a guilty plea, of operating while under the influence and the sentence imposed.  OPINION HOLDS: We affirm Allen’s conviction absent a showing of good cause to appeal but vacate the portion of her sentence requiring second category restitution and remand the matter for completion of a final restitution order and assessment of Allen’s ability to pay. 

            Appeal from the Iowa District Court for Floyd County, Christopher C. Foy, Judge.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR ENTRY OF A CORRECTED SENTENCING ORDER.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (12 pages)

            A jury found James Boehmer guilty of indecent contact with a child and lascivious conduct with a minor.  The district court sentenced Boehmer to two years in prison, and one year in jail to run consecutive to the prison sentence.  On appeal, Boehmer claims the district court erred in admitting evidence of law enforcement attempts to contact him through his lawyer for an interview before deciding to file charges.  Boehmer also contends the court erred in sentencing him to one year in jail to be served consecutively with his prison sentence.  OPINION HOLDS: We conclude it was not error to admit evidence of pre-charging law enforcement efforts to contact Boehmer, and even if it was error, it was harmless.  It was error to impose a consecutive prison-jail sentence.  We affirm Boehmer’s convictions but remand for an order correcting Boehmer’s sentence.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (9 pages)

            Annett Holdings, Inc., doing business as TMC Transportation (TMC), appeals the district court ruling upholding a review-reopening decision by Iowa Workers’ Compensation Commissioner.  TMC asserts the commissioner erred in granting Nicholas Roberts additional healing-period benefits and in finding a thirty percent industrial disability.  OPINION HOLDS: We affirm the district court’s ruling, which upheld the commissioner’s award of healing-period benefits and industrial disability.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            Larontez Buchanan appeals his convictions following a jury trial for murder in the first degree and robbery in the first degree, challenging the district court’s denial of his motion for new trial on the grounds that the jury’s verdicts were contrary to the weight of the evidence and the jury panel was not representative of the racial composition of the community.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            Balah Rushing appeals the denial of his third application for postconviction relief (PCR).  In all three PCR applications, Rushing sought a remand for resentencing to consider whether imposition of a mandatory minimum sentence was appropriate because of his age at the time of the criminal conduct.  The district court dismissed his third application for PCR on summary judgment finding it was barred by res judicata.  Rushing argues res judicata should not apply because he never had an opportunity “to generate a record and get a hearing on the merits.”  OPINION HOLDS: We agree with the district court; Rushing’s third application for PCR is barred by res judicata because his PCR claims have been raised and rejected in two prior PCR actions.  Thus, we affirm the denial of his third PCR application. 

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Gamble, S.J., takes no part.  Opinion by Doyle, J.  (3 pages)

            Allen Killings appeals the order granting the State’s motion for summary disposition and dismissing his second applications for postconviction relief.  OPINION HOLDS: Because the second PCR applications are untimely under Iowa Code section 822.3 (2018) and do not fall under the narrow exception set forth in Allison v. State, 914 N.W.2d 866, 890-91 (Iowa 2018), we affirm.

            Appeal from the Iowa District Court for Allamakee County, John J. Bauercamper, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (12 pages)

            Roger Hammel appeals the district court’s ruling on Dorchester Reserve’s petition for injunctive relief and damages.  OPINION HOLDS: The district court was correct to grant Dorchester Reserve’s petition for permanent injunctive relief.  We affirm the court’s award of damages to Dorchester Reserve.  But we reverse and remand on Hammel’s counterclaim for boundary by acquiescence.

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  SANCTIONS AND JUDGMENT VACATED AND CASE REMANDED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Shawn Rana appeals the sanctions imposed against him for his failure to attend his deposition and produce documents and the entry of judgment based on those sanctions.  OPINION HOLDS: We find no evidence the underlying order to compel discovery was served upon Shawn individually, as required under our rules of civil procedure.  We therefore vacate the sanctions and corresponding judgment against Shawn and remand for further proceedings.

            Appeal from the Iowa District Court for Jefferson County, Gregory Milani and Myron Gookin, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (2 pages)

            Alicides Manny Hernandez appeals following his guilty plea to possession of methamphetamine with intent to deliver and operating a motor vehicle with a barred license.  Hernandez contends the district court abused its discretion in imposing sentence.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages).

            Bernard Anthony Smith appeals from the denial of his postconviction relief.  OPINION HOLDS: Finding Smith is unable to prove he suffered any prejudice on his first claim and finding no breach of duty or prejudice with respect to the second claim, we affirm the district court.

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt and Kevin Parker, District Associate Judges.  APPEAL DISMISSED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (5 pages)

            William Roland appeals the denial of his motion to reconsider a judgment entered in favor of the Polk County Sheriff under Iowa Code section 356.7 (2019).  He asserts the clerk of court failed to provide notice of the district court’s ruling and requests grant of a delayed appeal.  OPINION HOLDS: The months of delay are not negligible, so we deny Roland’s application for a delayed appeal.  Because Roland’s appeal is untimely, we are without jurisdiction to entertain it.