June 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (11 pages)

            Jeffry Waite appeals his convictions and sentences for one count of lascivious conduct with a child and five counts of sexual abuse in the third degree.  OPINION HOLDS: We find the district court did not abuse its discretion in rejecting Waite’s claims of vouching during the testimony of the State’s expert witness and during the prosecutor’s closing arguments.  We also find sufficient evidence to support Waite’s convictions on all six counts, and we find no abuse of discretion in sentencing him to consecutive terms of incarceration.  Therefore, we affirm his convictions and sentences.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (13 pages)

            Willard McNaughton appeals an order declaring the parties’ rights in an easement.  He argues the trial court erred in (1) concluding he publicly dedicated a portion of the easement to the City of Lawton (city), (2) determining in the alternative that the easement was appurtenant to adjoining property, and (3) awarding common law attorney fees to the defendants.  OPINION HOLDS: We conclude (1) the evidence was insufficient to support a finding of public dedication, (2) the easement is not appurtenant in nature, and (3) the defendants were not entitled to an award of common law attorney fees.  We reverse the district court on each of those points, and we remand the matter to the district court for further proceedings consistent with this opinion.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (29 pages)

            William Burton shot and killed Cory Channon in Channon’s home.  Burton was charged with first-degree murder and convicted of the lesser-included offense of second-degree murder following a jury trial.  On appeal, Burton contends the trial court erred in denying his motion for mistrial and abused its discretion in its rulings on the evidence, denying his motion for judgment of acquittal, and improperly instructing the jury that malice aforethought may be inferred from the use of a dangerous weapon.  OPINION HOLDS: The district court did not err in denying the motion for mistrial, and the court’s evidentiary rulings either were not an abuse of discretion or did not result in prejudice to the defendant.  The evidence supported the jury instruction allowing an inference of malice aforethought from the use of dangerous weapon, and substantial evidence supports the conviction of second-degree murder.   We therefore affirm.

            Appeal from the Iowa District Court for Story County, James A.  McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (16 pages)

            Montrell McClellan appeals his convictions for assault, robbery in the first degree, and intimidation with a dangerous weapon.  He argues the district court should have granted (1) his motion for judgment of acquittal as to all charges for lack of substantial evidence as to his identity as the shooter and lack of evidence as to the elements substantiating a robbery, (2) his motion to dismiss based on denial of speedy trial, and (3) his motion for mistrial.  OPINION HOLDS: We have no appellate jurisdiction as to McClellan’s appeal of the simple misdemeanor assault.  McClellan failed to preserve his motion for judgment of acquittal for lack of sufficient evidence as to identity.  We affirm McClellan’s conviction for robbery in the first degree.  We find no abuse of discretion in the trial court denying McClellan’s motion to dismiss based upon claimed violation of speedy trial and motion for mistrial.

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge. AFFIRMED IN PART AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J. (10 pages)

            Aviana Smith appeals her sentences following entrance of guilty pleas for possession of methamphetamine with intent to deliver; possession of marijuana with intent to deliver; and failure to affix a drug tax stamp.  Smith also appeals her court-ordered restitution obligation.  OPINION HOLDS: Because we find abuse of discretion, we affirm Smith’s sentence.  We are precluded from hearing Smith’s appeal of the restitution order by Iowa Code section 910.2A (2021); Smith must follow the statutory procedure and exhausts her remedies before the district court.  Thus, we remand to the district court with instructions to allow Smith to follow the procedures required by section 910.2A.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Heard by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Defendants appeal the district court’s denial of their motion for a new trial in a medical malpractice action.  OPINION HOLDS: Defendants raise claims concerning the jury instructions, expert witness testimony, and statements made during closing arguments.  We conclude the district court did not abuse its discretion by denying the motion for new trial.  We affirm the jury’s decision.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            Basil Pendleton appeals the denial of his fourth application for postconviction relief.  He asserts newly discovered evidence exonerates him thirty-five years after his convictions for first-degree murder and first-degree robbery.  OPINION HOLDS: The newly discovered recantation evidence, even if true, would not change the result of the trial.  We affirm. 

            Appeal from the Iowa District Court for Buchanan County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Doyle, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J. (7 pages)

            David Smith challenges his convictions for burglary in the third degree, enhanced as a habitual offender; theft in the second degree, enhanced as a habitual offender; and criminal mischief in the fourth degree.  He claims the State presented insufficient evidence that he perpetrated the crimes.  OPINION HOLDS: The State presented sufficient evidence to establish Smith was the perpetrator.

            Appeal from the Iowa District Court for Dickinson County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Keith Lynch contends the extension of the no-contact order following his conviction for child endangerment was unreasonable, was imposed by a judge who exhibited personal hostility toward him, and violated his constitutional rights to familial integrity.  OPINION HOLDS: Finding no merit in the claims, we affirm.

            Appeal from the Iowa District Court for Polk County, Coleman J. McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (10 pages)

            Steven McFadden appeals district court summary judgment rulings granting Laden & Pearson, P.C.’s contract claim and dismissing McFadden’s counterclaim of legal malpractice.  OPINION HOLDS: We affirm both rulings.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J.  (3 pages)

            Nikoli Herrera appeals the sentence imposed upon his criminal conviction.  OPINION HOLDS: We affirm the sentence imposed.

               Appeal from the Iowa District Court for Jones County, Lars Anderson, Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Schumacher, J. (9 pages)

            Larry Boring appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Boring filed his notice of appeal pro se while he was represented by counsel, we dismiss his appeal.  SPECIAL CONCURRENCE ASSERTS: Rather than determining Boring's pro se notice of appeal was a nullity under Iowa Code section 822.3A, enacted on July 1, 2019, warranting a dismissal, the district court’s dismissal of the postconviction application on statute of limitation grounds should be affirmed.