2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenle Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (2 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights, deeming her arguments on appeal waived.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and May, JJ.  Opinion by May, J.  (3 pages)

            A father appeals from the termination of his parental rights to his children, arguing termination is not in the children’s best interests.  OPINION HOLDS: Termination is in the children’s best interests.

            Appeal from the Iowa District Court for Lucas County, Terry Rickers, Judge.  WRIT SUSTAINED IN PART; ANNULLED IN PART; AND REMANDED.  Considered by Vaitheswaran, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (17 pages)

            The defendant challenges the denial of his motion for new trial contending the court failed to give adequate notice of the hearing and denied him an opportunity to present evidence as required by Iowa Rule of Criminal Procedure 2.24(2)(A).  He also contends the court failed to establish his waiver of counsel and erred in denying his post-hearing request for court-appointed counsel on mootness grounds.  OPINION HOLDS: We treat the appeal as a petition for writ of certiorari.  We find the trial court acted illegally in ruling on the defendant’s motion for new trial without giving adequate notice of the hearing and failing to give the defendant full opportunity to present evidence on the motion and therefore sustain the writ.  We find the court did not act illegally regarding the motion to amend the motion for new trial since we remand for hearing on the motion for new trial.  We also find the court did not act illegally in only appointing standby counsel, and due to remand, direct the court to address the renewed appointment of counsel request.  We annul the writ as to these last two issues. 

            Appeal from the Iowa District Court for Clarke County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Derek Eugene Robbins appeals his convictions for three offenses, challenging the imposition of consecutive sentences and asserting trial counsel failed to provide effective assistance by not filing a motion to suppress evidence.  OPINION HOLDS: We find no abuse of discretion in sentencing, and Iowa Code section 814.7 (Supp. 2019) precludes our consideration of Robbins’s ineffective-assistance-of-counsel claim.  We affirm.

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Thomas Reidel, and Mark R. Fowler, Judges.  AFFIRMED.  Considered by Bower, C.J., May, J., and Danilson, S.J.  Tabor, J., takes no part.  Opinion by Danilson, S.J.  (11 pages)

            Anthony Nicholson appeals his convictions in three criminal cases.  OPINION HOLDS: We find there is substantial evidence to support Nicholson’s convictions of possession of marijuana, failure to appear, and third-degree arson.  We affirm his convictions in each of the three cases.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Travaris Chancellor appeals the grant of summary judgment dismissing his second application for postconviction relief.  OPINION HOLDS: Chancellor did not present new evidence that could not have been raised within the applicable time period.  Therefore, his application is time barred.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (7 pages)

            Roger Hoffert appeals an order granting his application for postconviction relief.  OPINION HOLDS: Hoffert failed to preserve his claim of actual innocence.  His ineffective-assistance-of-counsel claim is moot.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (15 pages)

            A worker appeals from a district court decision reviewing his claim for benefits brought before the Iowa Workers’ Compensation Commissioner.  On appeal, he argues the commission erred by awarding less permanent disability than the legislature mandated; the commissioner erred by awarding permanent disability compensation based upon only objective evidence; and the commissioner erred by reducing reimbursement of an independent medical examination (IME) fee. OPINION HOLDS: We affirm the district court order, which affirmed the commissioner’s award following hearing on claimant’s reopening petition. We reject Pesicka’s argument regarding evidence of subjectively manifested impairment.  We find no abuse of discretion in the decision to reduce reimbursement for the IME fee.

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J. (17 pages)

            Adam McCain appeals his conviction for murder in the first degree.  He argues the district court should have granted his motion to suppress statements he made while at the jail.  OPINION HOLDS: The officers scrupulously honored McCain’s right to remain silent, and he properly waived this right.  As controlling precedent declines to impose a requirement to prove waiver by written or video-recorded means, we reject McCain’s request to adopt such a requirement.  McCain’s fruit-of-the-poisonous-tree argument is not preserved for our review, and even if it were, there was no impropriety that warrants suppression of McCain’s statements to relatives.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            Michael Triplett was convicted of having dominion or control of a firearm as a convicted felon.  On appeal, Triplett challenges the sufficiency of the evidence supporting his conviction.  He only challenges the sufficiency of the evidence proving he had a firearm in his dominion or control; he does not challenge whether there was substantial evidence he aided and abetted a felon in possessing a firearm.  OPINION HOLDS: Under Iowa Code section 814.28 (Supp. 2019), we are required to affirm if substantial evidence supports at least one theory presented to the jury.  Because Triplett fails to challenge the sufficiency of the evidence supporting one of the grounds, he waived argument on that ground, and we affirm on it without further consideration.

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (13 pages)

            Tajh Ross appeals the district court’s denial of his application for postconviction relief following his 2014 convictions for murder in the first degree, intimidation with a dangerous weapon, and going armed with intent.  OPINION HOLDS: Upon our review, we affirm the court’s order denying Ross’s application for postconviction relief.  

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  WRIT SUSTAINED AND REMANDED WITH DIRECTIONS.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  Dissent by May, J.  (13 pages)

            Hubert Todd Jr. appeals the denial of his application for modification of sex offender registration requirements on the basis that he failed to complete a required sex offender treatment program (SOTP) pursuant to Iowa Code section 692A.128(2)(b) (2018).  OPINION HOLDS: On the jurisdictional issue submitted with this appeal, we choose to treat Todd’s notice of appeal and brief as a petition for writ of certiorari, we grant the writ, and we proceed to the merits.  We conclude Todd was never “required” to complete any SOTP.  Because no such programming was required, section 692A.128(2)(b) was satisfied, and the district court erred in denying Todd’s application for modification.  We sustain the writ of certiorari, and we remand the matter to the district court to exercise its discretion under section 692A.128(5) and (6) in determining whether to grant modification.  DISSENT ASSERTS: I believe sworn testimony from a treatment services manager stating Hubert Todd was ordered to complete a sex-offender treatment program (SOTP) constitutes substantial evidence to support the district court's finding that Todd was required to complete a SOTP.