2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Carr, S.J.  Opinion by Ahlers, J.  (9 pages)

            S3 Development, LLC (S3) appeals the grant of summary judgment in favor of HGR Investments, Inc. (HGR).  S3 argues a genuine issue of material fact exists over whether S3 entered a contract with HGR through HGR’s agent and whether HGR ratified the contract.  OPINION HOLDS: Because there is no evidence in the record to support finding the purported agent was an agent of HGR or that HGR ratified the contract, we find no error in granting summary judgment for HGR. 

            Appeal from the Iowa District Court for Fayette County, Laura Parrish, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Karebo Shimirimana appeals the district court’s dismissal of his application for postconviction relief.  OPINION HOLDS: Shimirimana has not established a breach of duty or resulting prejudice for an ineffective-assistance-of-counsel claim.  We affirm.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J. and Danilson, S.J.  Opinion by Greer, J.  (5 pages)

            Nicholas Blaufuss appeals the denial of his application for postconviction relief.  Blaufuss claims he received ineffective assistance from trial counsel when counsel failed to call witnesses who would have provided a “quasi alibi” and rebutted the testimony of the victim, D.J., which would have impacted D.J.’s credibility with the jury.  OPINION HOLDS: Because Blaufuss has not proved his trial counsel’s decision not to call the witnesses was unreasonable, Blaufuss’s claim of ineffective assistance fails.  We affirm the district court’s dismissal of his application.  

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (9 pages)

            On appeal, Adam Mauro argues: (1) the State failed to prove beyond a reasonable doubt that he was not ready for placement in the transitional release program; (2) he should have been permitted to reside at a location other than the civil commitment unit for sex offenders as part of the transitional release program; and (3) there was insufficient evidence to find he remained likely to commit a sexually violent offense if released with supervision.  OPINION HOLDS: The State met its burden that Mauro was not ready for transitional release, making the issue of where he should be housed for transitional release moot, and there was sufficient evidence to find he remained likely to commit a sexually violent offense if released with supervision.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J. (3 pages)

            Ceeron Williams challenges the sufficiency of the evidence supporting his criminal convictions, arguing the evidence was insufficient to prove he was the shooter in the incident resulting in his convictions.  OPINION HOLDS: The evidence was sufficient to allow a rational jury to conclude Williams was the culprit.  We affirm his convictions.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Special Concurrence by Schumacher, J. (5 pages)

            Justin Foster appeals the district court decision denying his motion to set aside a default dissolution decree.  OPINION HOLDS: We conclude judgment without a defense was entered against Justin while he was incarcerated, in violation of Iowa Rule of Civil Procedure 1.211.  We reverse the denial of Justin’s motion to set aside the default decree and remand for further proceedings.  SPECIAL CONCURRENCE ASSERTS: I concur with the result of the majority’s opinion, but write separately to rely on a provision of the law that requires that the judgment be set aside, separate from the majority’s reliance on Iowa Rule of Civil Procedure 1.211. 

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J. (5 pages)

            A defendant seeks a refund for his already-paid law-enforcement-initiative surcharges incurred prior to the legislature repealing the surcharge requirement.  OPINION HOLDS: The defendant is not entitled to a refund of the surcharges because they were incurred prior to the statute being repealed.

Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Gatlauk Chuol Bol appeals the dismissal of his second postconviction relief (PCR) application, alleging ineffective assistance of counsel.  OPINION HOLDS: Without deciding a breach by trial counsel or Bol’s previous PCR counsel, we determine Bol cannot show prejudice on this record.  Accordingly, we affirm the dismissal of Bol’s second PCR application.

            Appeal from the Iowa District Court for Carroll County, Adria A.D. Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            Jesse Neitzel appeals the district court’s denial of his fifth postconviction-relief application, arguing: (1) the court erred in failing to grant him an exception to the three-year time bar in Iowa Code section 822.3 (2020), (2) the amendment to Iowa Code section 822.3 abrogating Allison v. State, 914 N.W.2d 866 (Iowa 2018) is unconstitutional, and (3) postconviction trial counsel was ineffective in failing to present facts to support his actual innocence claim.  OPINION HOLDS: The district court did not err in granting the State’s motion for summary disposition.

            Appeal from the Iowa District Court for Jefferson County, Gregory G. Milani, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Ross Thornton appeals after a jury found him guilty of aiding and abetting robbery in the first degree.  OPINION HOLDS: Material evidence corroborates the accomplice testimony and connects Thornton to the robbery.  We leave the credibility of the accomplice testimony to the jury to decide, but it is not so impossible, absurd, or contradictory that we can disregard it.  And although there is evidence by which a fact finder could find Thornton not guilty, when viewed in the light most favorable to the State, substantial evidence supports the guilty verdict. 

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (4 pages)

            After representing himself, Mark Hotzler received guilty verdicts for two counts of stalking as a third or subsequent offense, two counts of first-degree harassment, and one count of third-degree burglary.  Now he requests a new trial, arguing he did not validly waive his right to counsel.  The State agrees.  OPINION HOLDS: Hotzler’s waiver was invalid.  We reverse and remand for a new trial.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (8 pages)

            A mother appeals the termination of her parental rights in this Iowa Code chapter 600A (2019) proceeding.  OPINION HOLDS: The Iowa Indian Child Welfare Act (chapter 232B) applies to this case.  The petitioner failed to present qualified-expert-witness testimony required by Iowa Code section 232B.10(2).