2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Johnson County, Jason D. Besler, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (11 pages)

            Larry Babcock appeals from the denial of his application for postconviction relief following his conviction of murder in the second degree.  OPINION HOLDS: Babcock has failed to prove that trial counsel failed to perform an essential duty or that he suffered constitutional prejudice because counsel did not obtain the services of experts in forensic pathology or forensic entomology.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (4 pages)

            Jense Bergantzel appeals the dismissal of his fourth application for postconviction relief.  OPINION HOLDS: We find his application was untimely and affirm.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J. (16 pages)

            Patrick Bracy appeals his convictions for multiple counts of drug-related offenses, arguing his motion to suppress evidence was wrongly denied.  OPINION HOLDS: We find there to be a substantial basis for the magistrate to conclude probable cause existed for the search, and we find the issuance of the warrant to be proper.  We therefore affirm the conviction. 

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

            Matthew Fisher appeals the denial of his application for postconviction relief (PCR).  OPINION HOLDS: After granting Fisher a delayed appeal, we conclude he waived his claim of ineffective assistance of trial counsel and failed to prove his claim of actual innocence.  We affirm the district court’s denial of his PCR application.  

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Mahan, S.J.  Opinion by May, P.J.  (7 pages)

            Wendell Harrington appeals the summary disposition of this postconviction-relief (PCR) action.  OPINION HOLDS: (1) The relation-back doctrine recognized in Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), does not apply to third or subsequent PCR applications.  (2) Harrington failed to establish a genuine issue of material fact as to his claim of actual innocence.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            William Taylor was convicted of assault on a peace officer with a dangerous weapon and eluding.  On postconviction-relief appeal, Taylor raises a number of ineffective-assistance-of-counsel claims.  OPINION HOLDS: Given the overwhelming video and eyewitness evidence of Taylor’s guilt, there is no reasonable probability the outcome of his trial would have been different had his counsel requested and received a spoliation instruction, or whether trial counsel investigated and examined the vehicle Taylor was driving when he was arrested.  Trial counsel did not breach any duty by failing to file a motion in limine regarding Taylor’s prior theft convictions.  And trial counsel did not breach an essential duty by failing to call an expert witness to testify about post-traumatic stress disorder.  We affirm.

            Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Carr, S.J.  Opinion by Tabor, P.J.  (7 pages)

            Samuel Medina Gomez appeals denial of his application for postconviction relief.  He claims his trial counsel was ineffective because she declined to call his two sisters as his character witnesses.  OPINION HOLDS: Because Medina Gomez failed to show he was prejudiced by counsel’s actions, we affirm. 

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J. (12 pages)

            Nickolas Pettinger appeals his conviction and sentence for murder in the first degree.  OPINION HOLDS: The trial court did not abuse its discretion in allowing a witness to testify about two instances of Pettinger’s assaultive behavior against the decedent.  The district court did not abuse its discretion in concluding there was overwhelming evidence of the defendant’s guilt, and thus the verdict was not against the weight of the evidence.  The claim his sentence of life without parole is unconstitutional was not properly preserved for review.  Finding no abuse of discretion or error of law, we affirm.

            Appeal from the Iowa District Court for Madison County, Bradley McCall, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (28 pages)

            MidAmerican Energy Company sought and obtained permission from the Zoning Board of Adjustment of Madison County, Iowa (the Board) to build a wind farm with fifty-two wind turbines in Madison County.  Madison County Coalition for Scenic Preservation LLC (the Coalition) petitioned for writ of certiorari challenging the Board’s approval of the wind farm, alleging the Board’s approval violated provisions of the Madison County Zoning Ordinance (the Ordinance) and was therefore illegal.  Following a remand to the Board for expanded findings of facts and conclusions of law, the district court concluded Board did not act illegally and annulled the Coalition’s writ.  On appeal, the Coalition challenges the court’s interpretation of the Ordinance and the court’s conclusions regarding what the Board understood it was being asked to do and what actions the Board took.  Additionally, the Coalition maintains there was not substantial evidence in the record to make the necessary findings to approve a conditional use permit and, even if there were, the findings the Board did make were not legally sufficient.  Finally, the Coalition challenges the adequacy of the notices.  OPINION HOLDS: We affirm the district court decision annulling the writ of certiorari and confirming the Board’s authority to grant the conditional use to allow the wind turbines.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (3 pages)

            Following remand, Jamodd Sallis appeals the denial of his motion for new trial on charges of possession of a firearm by a felon and carrying weapons.  OPINION HOLDS: Although Sallis disputes the district court’s findings in weighing the evidence, he has failed to show the district court abused its discretion. 

            Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            Alexander Vonriedel Burgdorf appeals his convictions and sentences for possession of methamphetamine and operating while intoxicated.  OPINION HOLDS: There is substantial evidence in the record from which a reasonable jury could find Burgdorf was under the influence at the time of the traffic stop and that he knew the substance in his pocket was methamphetamine.  The court acted within its discretion in denying Burgdorf’s motions to continue trial and reopen the record and in sentencing Burgdorf to serve a term of incarceration.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (11 pages)

            Jameesha Allen appeals her conviction for assault while using or displaying a dangerous weapon, in violation of Iowa Code sections 708.1 and 708.2(3) (2019).  She contends allowing the State to amend the trial information violated Iowa Rule of Criminal Procedure 2.4(8) by charging a “wholly new and different” offense.  She also makes two evidentiary and prosecutorial-misconduct arguments.  OPINION HOLDS: Allen is correct.  The amendment from serious-misdemeanor assault causing bodily injury to aggravated-misdemeanor assault while displaying a dangerous weapon introduced new elements into the prosecution and involved a significant increase in penalty.  The amendment charged a wholly new and different offense, and the court should have disallowed it.  We reverse and do not address the remaining arguments.