September 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J. and Doyle, S.J.  Opinion by Tabor, P.J.  (9 pages)

            Kevin Jermaine Jefferson appeals his conviction for robbery in the second degree, possession of methamphetamine, being a felon in possession of a firearm, and theft in the third degree.  He seeks to withdraw his guilty plea because emotional grief rendered the plea involuntary and the plea was conducted in-chambers, in violation of Iowa Rule of Criminal Procedure 2.8(2)(b).  OPINION HOLDS: We have authority to consider this appeal under Iowa Code section 814.6 (2019)’s “good cause” safety valve.  But the record does not support Jefferson’s claim that his plea was involuntary.  And Jefferson did not preserve the rule violation for appeal.  We affirm. 

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris and David P. Odekirk, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (2 pages)

            Following his guilty plea to possession of methamphetamine, Andrew Jensen appeals arguing he received ineffective assistance of counsel.  OPINION HOLDS:  This court has no authority to decide a claim of ineffective assistance of counsel on direct appeal.

            Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            Maurice Hayes appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Hayes fails to show he received ineffective assistance of trial or postconviction-relief counsel, we affirm.

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Lindsey Perry appeals her conviction following a guilty plea.  OPINION HOLDS: Perry lacks good cause to appeal following her guilty plea, and we have no authority to consider her ineffective-assistance claim.  We dismiss the appeal.

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Carr, S.J.  Opinion by Carr, S.J.  (3 pages)

            Michael Black appeals the denial of his second application for postconviction relief.  OPINION HOLDS: Weighing the newly discovered evidence against the other evidence in the record, Black falls far short of his burden of showing the clear and convincing evidence that no reasonable fact finder could convict him of third-degree sexual assault, as required to prove a claim of actual innocence.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (4 pages)

            Seonaid Lais-Bossert, convicted of child endangerment following a jury trial, appeals claiming ineffective assistance of counsel for failing to make an appropriate motion for judgment of acquittal.  OPINION HOLDS: We grant the State’s motion to strike appellant’s reply brief.  Pursuant to Iowa Code section 814.7 (Supp. 2019), we do not have authority to address ineffective assistance of counsel on direct appeal.

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Robert Mason appeals his conviction for operating while intoxicated, third offense.  OPINION HOLDS: Mason cannot raise his claims of ineffective assistance of counsel in this direct appeal; such claims must be raised in postconviction relief proceedings.  The court did not abuse its discretion by sentencing Mason to a term of imprisonment rather than placing him on probation.  We affirm Mason’s conviction.

            Appeal from the Iowa District Court for Polk County, William P. Kelly and David Porter, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (14 pages)

            Gary Wood appeals his conviction and sentence for domestic abuse assault, third or subsequent offense, as a habitual offender.  He argues the district court erred in finding he forfeited his right to confrontation by wrongdoing.  He also challenges the sufficiency of the evidence to support his conviction and sentencing enhancements as a third-offense and habitual offender.  Finally, he claims the court erred in sentencing him to a mandatory minimum of five years rather than three years under Iowa’s habitual-offender statute.  OPINION HOLDS: Finding no error, we affirm. 

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (6 pages)

            Darian Lensgraf appeals his conviction for first-degree murder.  OPINION HOLDS: There was sufficient evidence Lensgraf acted with malice aforethought when he killed his grandmother by stabbing her multiple times with a bayonet. 

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (8 pages)

            Zachary Vreeland appeals from his conviction for domestic abuse assault causing bodily injury, contending the trial court abused its discretion in admitting photographs that were not timely disclosed.  He also raises claims of ineffective assistance of counsel.  OPINION HOLDS: This court does not address the ineffective-assistance-of-counsel claims on direct appeal, and we conclude the trial court did not abuse its considerable discretion in admitting the photos.  We therefore affirm.

            Appeal from the Iowa District Court for Decatur County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Defendant appeals his conviction on two counts of sexual abuse in the second degree.  He argues the evidence was insufficient to support the jury’s verdict, the district court erred in permitting a noncorroboration jury instruction, and the district court abused its discretion in admitting prior bad acts evidence and in imposing consecutive sentences.  OPINION HOLDS:  We find the record contains substantial evidence, the inclusion of the jury instruction does not require reversal, and the district court did not abuse its discretion in admitting evidence or imposing consecutive sentences.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED AS MODIFIED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., Mullins, J., and Doyle, S.J.  Opinion by Mullins, J.  (11 pages)

            Appellants appeal the district court’s ruling on their petition forwarding claims of (1) unfair and deceptive acts and practices, (2) breach of express warranty of habitability, (3) breach of implied and statutory warranty of habitability, and (4) declaratory and injunctive relief.  OPINION HOLDS: We affirm the district court’s ruling with the exception of the modifications noted in this opinion.  We vacate the attorney fee award and remand the matter to the district court for reconsideration coupled with an explanation for the award.