Filed Nov 03, 2021
View Opinion No. 20-1184
View Summary for Case No. 20-1184
Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge. CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Greer and Badding, JJ. Opinion by Badding, J. (12 pages)
A defendant appeals his conviction and sentence for third-degree sexual abuse, challenging the admission of the prior sexual abuse, the failure to state reasons for the sentence that was imposed, and a discrepancy between the oral pronouncement of the sentence and the written judgment entry. OPINION HOLDS: The district court did not abuse its discretion in allowing a different victim to testify about Puga’s past sexual abuse of her because the evidence was relevant to show that Puga’s contact with the victim here was sexual in nature and not accidental. The court did, however, abuse its discretion in failing to give reasons for the sentence it imposed and requiring Puga to pay category “B” restitution in its written judgment entry. Puga’s conviction is therefore affirmed, but his sentence is vacated and the case remanded for resentencing.
Filed Nov 03, 2021
View Opinion No. 20-1201
View Summary for Case No. 20-1201
Appeal from the Iowa District Court for Linn County, Chad Kepros, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Schumacher, J. (10 pages)
Amy Parmer appeals the district court’s summary disposition of her application for postconviction relief (PCR) following her convictions of involuntary manslaughter and child endangerment resulting in death. OPINION HOLDS: Parmer has not shown she received ineffective assistance from counsel during her criminal trial or on direct appeal. We affirm the district court’s summary disposition of her PCR application.
Filed Nov 03, 2021
View Opinion No. 20-1228
View Summary for Case No. 20-1228
Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Bower, C.J., Greer, J., and Danilson, S.J. Opinion by Danilson, S.J. (12 pages)
Jacqueline Struck appeals the district court’s order granting the defendants’ motions to dismiss her personal injury action for failure to file expert witness certificate of merit affidavits pursuant to Iowa Code section 147.140 (2020). Struck challenges the court’s determination that expert testimony was necessary to establish a prima facie case for “all [her] claims.” OPINION HOLDS: We conclude the order dismissing all claims against Mercy was in error and Struck’s claim or claims of ordinary negligence against Mercy remain viable. However, we find no basis for any such claims against any other defendants. Accordingly, we affirm in part but reverse the dismissal the claim or claims of ordinary negligence against Mercy.
Filed Nov 03, 2021
View Opinion No. 20-1232
View Summary for Case No. 20-1232
Appeal from the Iowa District Court for Polk County, Brendan E. Greiner, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Bower, C.J. (7 pages)
Stephone Kriens appeals from her convictions for operating while intoxicated, third offense, and tampering with or circumventing an ignition interlock device. She asserts her motion to suppress was wrongly rejected and the court abused its sentencing discretion. OPINION HOLDS: The vehicle stop was supported by reasonable suspicion of unlawful activity so the motion to suppress was properly denied. The court provided adequate reasons for imposing consecutive sentences. We affirm.
Filed Nov 03, 2021
View Opinion No. 20-1270
View Summary for Case No. 20-1270
Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Schumacher, J. and Gamble, S.J. Opinion by Schumacher, J. Special Concurrence by Vaitheswaran, P.J. Special Concurrence by Gamble, S.J. (18 pages)
Marcus Luthi appeals from the district court’s grant of summary judgment, arguing the court erred in finding he had no right to a private phone call with his attorney before deciding to submit to chemical testing and that his conversation was not subject to a reasonable expectation of privacy. OPINION HOLDS: We find the district court correctly determined that Luthi’s conversation was not confidential under Iowa Code section 804.20 (2019) or the Iowa Constitution and was not subject to a reasonable expectation of privacy. Accordingly, we affirm. SPECIAL CONCURRENCE ASSERTS: In my view, this case raises a genuine issue of material fact as to whether the recording was made surreptitiously, which could affect the expectation-of-privacy analysis in conjunction with representation that the phone conversation would be private. However, because the actual recording is missing, on this record, I agree Luthi failed to generate an issue of material fact concerning his expectation of privacy. SPECIAL CONCURRENCE ASSERTS: I would conclude Iowa Code section 804.20 (2019) does not apply to this chapter 808B action, so I believe there is a question of material fact as to whether Luthi had a reasonable expectation of privacy. However, I concur in the result because Luthi failed to generate a question of material fact under Iowa Code section 808B.B(1).
Filed Nov 03, 2021
View Opinion No. 20-1304
View Summary for Case No. 20-1304
Appeal from the Iowa District Court for Floyd County, Gregg R. Rosenbladt, Judge. AFFIRMED. Considered by Mullins, P.J., May, J., and Doyle, S.J. Opinion by May, J. (9 pages)
Administrators of an estate appeal the dismissal of their wrongful death action against the State. OPINION HOLDS: Because the public-duty doctrine applies, the administrators’ claims against the State cannot prevail. The district court was right to grant summary judgment.
Filed Nov 03, 2021
View Opinion No. 20-1308
View Summary for Case No. 20-1308
Appeal from the Iowa District Court for Scott County, Mark D. Cleve and Thomas G. Reidel, Judges. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Bower, C.J. (6 pages)
Wayne Powell appeals his convictions for third-degree burglary, third-degree theft, and possession of burglar’s tools, contending there is insufficient evidence he was the perpetrator. He also asserts the court abused its discretion in denying his motion for a new trial based on the weight of the evidence. OPINION HOLDS: Finding sufficient evidence to support the convictions and no abuse of discretion in the district court’s denial of a new trial, we affirm.
Filed Nov 03, 2021
View Opinion No. 20-1373
View Summary for Case No. 20-1373
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS. Considered by Mullins, P.J., and May and Ahlers, JJ. Opinion by May, J. (5 pages)
Emilio Serrano appeals a remand order resulting from a prior appeal of his dissolution decree. OPINION HOLDS: We affirm in part and reverse in part for the district court to apply the best-interest-of-the-child test to his request for access to his children’s medical records.
Filed Nov 03, 2021
View Opinion No. 20-1385
View Summary for Case No. 20-1385
Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge. REVERSED AND REMANDED. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Danilson, S.J. (7 pages)
J.V. appeals a final domestic abuse protective order issued against him under Iowa Code chapter 236 (2020). He contends there was insufficient evidence that he had committed an assault to support the district court’s finding of domestic abuse. OPINION HOLDS: Upon our review, we reverse and remand for cancellation of the protective order and dismissal of the petition for relief from domestic abuse.
Filed Nov 03, 2021
View Opinion No. 20-1572
View Summary for Case No. 20-1572
Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. AFFIRMED. Considered by Bower, C.J., Vaitheswaran, J., and Doyle, S.J. Opinion by Bower, C.J. (6 pages)
Robert Marion Richard Mrla appeals the dismissal of his claim against the Estate of George Mrla. OPINION HOLDS: Finding no error of law, we affirm.
Filed Nov 03, 2021
View Opinion No. 20-1595
View Summary for Case No. 20-1595
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and Greer and Badding, JJ. Opinion by Badding, J. (10 pages)
The State challenges the grant of Earnest Hunt Jr.’s motion to suppress evidence seized during a pat down for weapons. The supreme court granted the State’s application for discretionary review and stayed the district court proceedings pending resolution of this appeal. OPINION HOLDS: Because the search of Hunt’s pocket was justified under the plain‑feel exception to the warrant requirement as set forth in Minnesota v. Dickerson, 508 U.S. 366 (1993), we reverse the suppression ruling and remand for further proceedings consistent with this opinion.
Filed Nov 03, 2021
View Opinion No. 20-1624
View Summary for Case No. 20-1624
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Schumacher, J. (10 pages)
Timothy Neades appeals his conviction for possession of marijuana with intent to deliver, challenging the sufficiency of the evidence. OPINION HOLDS: As we find sufficient evidence in the record to support the conviction, we affirm.