2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Doyle, P.J., Tabor, J., and Vogel, S.J.  May, J., takes no part.  Opinion by Vogel, S.J.  (4 pages)

            Vilaychith Khouanmany appeals the dismissal of her application for postconviction relief.  She asserts “equitable tolling” should allow her to overcome the three-year limitation period set forth in Iowa Code section 822.3 (2018).  OPINION HOLDS: Agreeing with the district court that her application falls outside the limitations period, we affirm.

            Appeal from the Iowa District Court for Calhoun County, Gina Badding, Judge.  AFFIRMED.  Considered by Bower, C.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            Daniel Jensen appeals the district court’s dismissal of his contempt application.  OPINION HOLDS: Substantial evidence supports the district court’s findings, and the district court did not abuse its discretion in dismissing the contempt application.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Potterfield, S.J.  Opinion by Greer, J.  (8 pages)

            Galen Shaffer appeals the district court’s continuation of his commitment as a sexually violent predator under Iowa Code chapter 299A (2019).  Shaffer argues the district court erred by concluding the State met its burden of showing, beyond a reasonable doubt, Shaffer is likely to engage in predatory acts that constitute sexually violent offenses if discharged.  OPINION HOLDS: We affirm the the district court’s ruling that Shaffer should remain committed for treatment as a sexually violent predator in a secure setting.

            Appeal from the Iowa District Court for Jasper County, Richard B. Clogg, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (22 pages)

            Randy Linderman appeals his conviction of first-degree murder, claiming the district court erred in denying (1) his motion to strike a juror for cause; (2) his motion for judgment of acquittal on the basis there was insufficient evidence to convict; and (3) his motion for a new trial on the basis the jury’s verdict was contrary to the weight of the evidence.  Linderman also contends newly discovered evidence requires remanding for a new trial.  OPINION HOLDS: We find no abuse of discretion involving jury selection and substantial evidence supports the verdict.  Linderman is not entitled to a new trial, and we affirm the conviction.   

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Blane, S.J.  Opinion by Tabor, P.J.  (6 pages)

            Juan Rosales appeals his convictions for theft in the second degree and eluding while participating in a felony.  He challenges the sufficiency of the evidence supporting the jury’s verdict on two specific elements: (1) the value of the stolen car and (2) the speed he was driving relative to the speed limit.  OPINION HOLDS: Because Rosales’s motion for judgment of acquittal failed to identify the specific issues raised on appeal, he did not preserve error for review.  We affirm both convictions. 

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            Defendant appeals his convictions for operating while intoxicated and driving while revoked, arguing the district court erred in admitting certain evidence over his hearsay and Confrontation Clause objections and that the evidence is insufficient to support the guilty verdict.  OPINION HOLDS: The evidence was properly admitted under an exception to the hearsay rule and was not a violation of the Confrontation Clause as the statements were nontestimonial.  The record contains substantial evidence and is sufficient to support the defendant’s convictions.  

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Jamie Dean Trickel appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Trickel failed to prove both that his trial counsel breached a duty and prejudice resulted, we affirm.

            Appeal from the Iowa District Court for Keokuk County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            William Mann appeals his conviction of second-degree sexual abuse.  OPINION HOLDS: We affirm Mann’s conviction.

            Appeal from the Iowa District Court for Winneshiek County, Richard D. Stochl, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (11 pages)

            Shannon Duncan appeals the district court’s partial grant of summary judgment for her lender and its agents on a punitive damages claim.  OPINION HOLDS: Because the record, when viewed in the light most favorable to Duncan, reflects genuine issues of material fact on whether (1) the elements of extortion were met and (2) the defendants acted with “willful and wanton disregard” for her rights, we reverse the grant of summary judgment and remand for further proceedings consistent with this opinion. 

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (5 pages)

            Derek Clark challenges the sufficiency of the evidence to support his conviction for first-degree theft.  OPINION HOLDS: Because substantial evidence supports that Clark knew the truck he was driving was stolen and the vehicle was worth more than $10,000, we affirm.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Thomas Patrick Olofson challenges his convictions of forgery based on the claim there was insufficient evidence of one element of the offenses.  OPINION HOLDS: We find sufficient evidence supporting the conclusion Olofson made and transferred checks that purported to be the act of another who did not authorize the act.  Therefore, the State met its burden of establishing the only element challenged on appeal, and we affirm.

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J. (13 pages)

            Jennifer Tucker appeals her convictions for possession with intent to deliver drugs.  Among other things, she argues the district court erred in denying her motion to dismiss and to enforce her cooperation agreement.  OPINION HOLDS: The State did not carry its burden to show that Tucker agreed to perform additional duties with the drug task force or to testify a second time at her co-accused’s retrial.  The devil is in the details, and here there were no details.  Although Tucker did not perform as the State wished, Tucker performed as required under her agreement with the State.  In repudiating the agreement, the State breached the agreement.  For these reasons, we grant specific performance here and reverse the denial of Tucker's motion to dismiss.  We vacate the drug convictions and sentences and remand for dismissal of the drug charges in accordance with the agreement.