2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Jones County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            The father appeals the termination of his parental rights.  OPINION HOLDS: Agreeing with the juvenile court that the father has not participated in offered services or demonstrated any consistency engaging with his children, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  Dissent by Vaitheswaran, P.J.  (45 pages)

            Devin Marques Carter challenges his convictions for first-degree murder, two counts of attempted murder, and intimidation with a dangerous weapon, challenging the sufficiency of the evidence supporting his convictions, arguing the district court erred in denying his motion for a new trial, and raising claims of ineffective assistance of counsel.  OPINION HOLDS: Finding sufficient evidence to support the jury’s verdict determining Carter was the shooter, no abuse of discretion in the district court’s denial of Carter’s motion for new trial, and an inadequate record to address Carter’s claims of ineffective assistance of counsel on this direct appeal, we affirm Carter’s convictions.  DISSENT ASSERTS: I believe there is insubstantial evidence to support the jury’s findings of guilt, and I would reverse Carter’s judgment and sentence.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  CONVICTIONS AND JUDGMENTS AFFIRMED; SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Cordarrel Dontya Smith appeals the judgment and sentence entered on his convictions of two counts of sexual abuse in the second degree.  On appeal, Smith argues (1) there was insufficient evidence to support Smith’s convictions for third-degree sexual abuse based on incapacitation; (2) the district court abused its discretion in imposing consecutive sentences; (3) the district court erred in finding Smith had the reasonable ability to pay court costs when the amount of such costs was unknown; and (4) the district court was without authority to order Smith to complete a sex offender treatment program as part of his sentence.  OPINION HOLDS: Smith was not adjudicated guilty of or sentenced for third-degree sexual abuse because those charges merged into the second-degree sexual abuse charges, so we decline to further address his sufficiency-of-the-evidence challenge.  The district court properly considered the appropriate factors in imposing consecutive sentences, and we find no abuse of discretion.  The court erred in ordering Smith to complete a sex offender treatment program and in ordering him to pay court costs when such amounts were unknown, so we vacate those portions of the sentence and remand for further proceedings.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Eliza Walker appeals the district court decision denying her request for postconviction relief.  OPINION HOLDS: Walker has not shown she was prejudiced by the conduct of parole counsel, and therefore, is unable to show she received ineffective assistance of counsel.  We affirm the district court’s decision.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Blane, S.J., takes no part.  Opinion by Potterfield, S.J.  (9 pages)

            Dontrell Neal appeals from the denial of his application for postconviction relief (PCR).  He claims trial counsel provided ineffective assistance by failing (1) to file a motion to sever the two counts against him and (2) to inform him—in the context of his considering whether to accept a plea offer from the State—that content from phone calls he made from jail would be used against him by the State during a trial.  OPINION HOLDS: Neal failed to prove counsel breached an essential duty in either of his ineffective-assistance claims.  Both claims fail, and we affirm the district court ruling denying his application for PCR.

            Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (4 pages)

            Bradley Davisson appeals the sentence imposed after he pled guilty to assault causing bodily injury or mental illness.  On appeal, Davisson argues the district court failed to state sufficient reasoning in support of its sentence and abused its discretion in denying his request for a sixty-day sentence.  OPINION HOLDS: We find the sentencing court’s reasoning sufficient for our review.  The court properly exercised its discretion in imposing Davisson’s sentence. 

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (26 pages)

            Chad Little appeals his convictions for first-degree murder and child endangerment resulting in death.  He asserts (1) the district court admitted improper character evidence; (2) the State offered insufficient proof that he committed the crimes; (3) the verdicts were against the weight of the evidence; and (4) his trial counsel was ineffective.  OPINION HOLDS: On the first issue, we find no abuse of discretion in the admission of prior-bad-acts evidence because the probative value substantially outweighed the risk of unfair prejudice.  On the sufficiency issue, we conclude substantial evidence supported the jury’s guilty verdict for both offenses.  On the third issue, we find no abuse of discretion and affirm the denial of new trial.  As for his ineffective-assistance-of-counsel claims, we preserve two of them for possible postconviction proceedings and reject his third claim.  Finding no grounds for reversal, we affirm the convictions. 

            Appeal from the Iowa District Court for Fremont County, Margaret Reyes, Judge.  AFFIRMED AS MODIFIED.  Considered by Mullins, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (15 pages)

            Moncef Riahi appeals from the default decree dissolving his marriage to Destiny Voyles-Riahi.  OPINION HOLDS: We have considered all of the issues raised, whether explicitly addressed or not, and we affirm the district court had jurisdiction and authority to dissolve the parties’ marriage.  We modify the decree to strike any decretal language purporting to do more than end the marriage.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  REVERSED AND JUDGMENT VACATED IN PART.  Considered by Doyle, P.J., Tabor, J., and Carr, S.J.  Opinion by Doyle, P.J.  (5 pages)

            Randy Miles appeals the order approving the Polk County Sheriff’s claim for reimbursement of jail administrative costs and room and board.  Miles challenges the amount of jail costs and fees arguing that the State failed to provide evidence to support the amount and that the amount is unconstitutionally excessive.  OPINION HOLDS: The prosecutor presented no evidence to support the sheriff’s room and board claim other than the claim itself.  And no evidence was presented about the actual administrative costs relating to Miles’s arrest and booking.  See Iowa Code § 356.7(1) (2019) (emphasis added).  We conclude that the district court’s judgment lacks substantial evidentiary support.  In view of our disposition, we need not decide Miles’s claim that the assessment of room and board charges amount to an excessive fine, in violation of the Eighth Amendment to the United States Constitution and article I, section 17 of the Iowa Constitution.    

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            Lee Smith appeals the district court’s denial of his fourth application for postconviction relief, challenging the court’s rejection of his actual-innocence claim to overcome the statute-of-limitations.  OPINION HOLDS: We affirm the denial of Smith’s application for postconviction relief.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (11 pages)

            Jamar Wise appeals his five felony and two aggravated-misdemeanor convictions.  In challenging those convictions, he contests the denial of his severance motion.  He also seeks a new trial on due process grounds.  OPINION HOLDS: Because the pattern of the crimes revealed a continuing motive, we find no abuse of discretion in the district court’s refusal to sever the counts for trial.  As for the due process claim, Wise did not seek a mistrial in the district court, so we have no ruling to review on appeal.  For these reasons, we affirm the convictions.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  REVERSED.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  Special Concurrence by Vaitheswaran, J.  (27 pages)

            It was alleged registered nurse Elizabeth Babka committed dependent adult abuse.  Following a contested hearing, an administrative law judge issued a proposed decision that concluded Babka had not committed abuse.  On appeal, the director of the Iowa Department of Inspections and Appeals (DIA) adopted all the facts of the proposed decision but came to the opposite conclusion—that Babka did commit dependent adult abuse.  Babka appealed the decision, which the district court affirmed on judicial review.  Here on appeal, Babka argues the facts do not support a legal determination she committed dependent adult abuse.  She also maintains the director’s decision failed to meet the statutory requirements for a final decision under Iowa Code section 17A.16(1) (2019).  And she argues that, under the circumstances here, the director’s failure makes the decision unreasonable, arbitrary, capricious, and an abuse of discretion, as it is unclear what legal authority the director relied on, how he interpreted that authority, and what facts the interpretation was applied to reach the decision.  OPINION HOLDS: We reverse the district court and dismiss all allegations of dependent adult abuse against Babka.  We order the DIA to take any action necessary to implement this decision.  SPECIAL CONCURRENCE ASSERTS: I concur in reversal of the agency decision because although I believe the administrative law judge’s findings of fact were supported by substantial evidence, I do not believe those fact findings support the director’s determination that Babka committed dependent adult abuse, and, to the extent the director’s decision involved an interpretation of chapter 235E, I am persuaded the interpretation was either “irrational, illogical, or wholly unjustifiable” under the more deferential standard or erroneous under the less deferential standard.