2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (7 pages)

            Donovan Aubry Ross appeals the denial of his application for postconviction relief (PCR).  He contends the district court erred in allowing him to plead guilty to attempted murder without a factual basis.  He also argues his trial attorneys rendered ineffective assistance when they: 1) failed to advise him his codefendant’s guilty plea could be used as evidence in his case and 2) failed to investigate the defense of diminished responsibility.  OPINION HOLDS: Because we conclude Ross failed to challenge the factual basis for his plea by waiving his right to move in arrest of judgment, and he does not claim this was a result of ineffective assistance of trial counsel, we do not consider that argument.  We affirm the PCR court’s denial of postconviction relief to Ross under the first issue.  On the second and third issues, raised as ineffective assistance of trial counsel, and not as ineffective assistance of PCR counsel, we find Ross has not preserved the issues for our review.  So we affirm the denial of his application for postconviction relief.  

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (4 pages)

            Lime Lounge, LLC challenges the agency’s decision that its bartender sold an alcoholic beverage to a person under the legal age.  OPINION HOLDS: We find sufficient evidence to support the agency and affirm.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (10 pages)

            Kevin Thoren appeals his conviction for sexual abuse in the third-degree.  He contends the district court abused its discretion in admitting certain evidence at trial.  OPINION HOLDS: Because the evidence was relevant and the probative value was not outweighed by the danger of unfair prejudice, the district court did not abuse its discretion in admitting it.

            Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (9 pages)

            Matthew Wilson appeals the denial of his application for postconviction relief (PCR), contending he received ineffective assistance from his criminal trial and PCR counsel.  He contends trial counsel provided ineffective assistance in failing to adequately explain the plea offer to him and maintains PCR counsel provided ineffective assistance in failing to recognize that trial counsel’s actions “amounted to structural error” and to raise and develop the issue in the PCR proceedings.  OPINION HOLDS: Because Wilson has failed to establish either counsel provided ineffective assistance, we affirm.  

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge, and Cynthia Moisan and Becky Goettsch, District Associate Judges.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  Dissent by Ahlers, J.  (13 pages)

            Abraham Ramirez appeals the revocation of his deferred judgment and the imposition of judgment and sentence for extortion.  OPINION HOLDS: Because defense counsel lacked access to the presentence investigation report before sentencing (in violation of the statutory notice requirement under Iowa Code 901.4 (2020)) and the court improperly relied on the report in its sentencing decision, we vacate the imposed sentence and remand for resentencing.  DISSENT ASSERTS: Ramirez and his initial defense counsel obtained access to the one and only presentence investigation report (PSI) in this case over six months before the sentencing hearing at issue and were given the option to deny or refute information in the report, which they declined.  The fact Ramirez had different counsel for the probation revocation proceeding did not somehow undo the fact Ramirez and his previous counsel had received the PSI, reviewed it, and approved it six months earlier. Under these circumstances, I cannot conclude there was a violation of section 901.4.  Because Ramirez’s other challenges are without merit, I would affirm the district court.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED. Heard by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (27 pages)

            Carl Matherly appeals, and Mary Slezak (MaryBeth) cross-appeals, the district court’s rulings following a bench trial for claims related to the MEM Trust.  OPINION HOLDS: Our review of the record reveals that MaryBeth’s claims flowing from her right as a beneficiary to the MEM Trust, an express trust created in 1977, are governed by the Iowa Trust Code and were properly tried to the bench.  MaryBeth presented sufficient evidence supporting her requested use of offensive issue preclusion, leaving no remaining genuine issues of material fact.  We concur with the district court’s partial summary judgment.  Carl raised several issues related to his motions for summary judgment but failed to prove he was entitled to judgment as a matter of law.  The trust declaration executed in 1977 specifically invoked the statutory precursors to both the prudent person standard and the Uniform Prudent Investor Act.  Our de novo review confirms that Carl breached his duties in failing to diversify the investments.  MaryBeth met her burden to prove a reasonable basis for her damages.  We find nothing clearly untenable or unreasonable in the district court’s attorney-fee award to MaryBeth.  Finding no supporting authority for the award of dissolution attorney fees or double and punitive damages, MaryBeth’s requests fail.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J. (10 pages)

            Edna Wilson appeals following her convictions for interference with official acts and possession of cocaine, second offense.  She claims the district court erred in denying her motion to suppress after the police illegally entered her home.  OPINION HOLDS: Assuming without deciding police violated the Fourth Amendment by entering Wilson’s home and arresting her, she committed a new crime when she resisted arrest.  Therefore, the exclusionary rule does not apply.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (8 pages)

            Tricia Dauterive appeals an award of child support.  OPINION HOLDS: We find no grounds to disturb the district court’s child support calculation.  We conclude error was not preserved as to Tricia’s argument that the district court failed to specify an effective date for the recalculated child support obligation.  We decline to award appellate attorney fees.  We tax costs to Tricia.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            Robert Mrla appeals the district court ruling dismissing his claim of gross negligence against his coemployee, Kenny Johnson, brought under Iowa Code section 85.20 (2018).  He claims the district court erred by finding there were insufficient facts to generate a jury question on gross negligence.  OPINION HOLDS: We affirm the district court’s ruling granting Johnson’s motion for summary judgment, as Mrla failed to prove the elements of gross negligence. 

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (10 pages)

            Yoosuf Moment seeks discretionary after the district court denied his motion to quash a general execution allowing the sheriff to collect jail fees.  OPINION HOLDS: We reverse the order denying the motion to quash and remand for entry of an order returning the levied funds to Moment.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Erich Riesenberg appeals the order dismissing his petition for writ of mandamus.  OPINION HOLDS: When viewed in the light most favorable to Riesenberg, the evidence shows the City of Des Moines reasonably exercised its discretion to enforce a municipal ordinance and is entitled to judgment as a matter of law. 

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (6 pages)

            Sedrick Mixon appeals his conviction, sentence, and judgment for failure to comply, as an habitual offender.  On appeal, Mixon asserts the district court lacked substantial evidence to convict him of failure to comply with sex offender registry requirements because the State failed to present any evidence regarding Mixon’s qualifying offense and duration of registration.  Alternatively, if we find substantial evidence supports the conviction, Mixon challenges a defect in the sentencing order.  OPINION HOLDS: Substantial evidence supports Mixon’s conviction.  But, as both parties agree, the district court incorrectly imposed a fine based on the habitual-offender enhancement, creating an illegal sentence.  Therefore, we affirm Mixon’s conviction, vacate the improper fine from his sentence, and remand for resentencing as to the fine only.