March 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (5 pages)

            Toby Richards appeals the dismissal of his three applications for postconviction relief (PCR).  OPINION HOLDS: Richards is not entitled to relief relating to any of his three PCR applications.

            Appeal from the Iowa District Court for Grundy County, Linda M. Fangman, Judge.  WRIT SUSTAINED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Christopher Buck appeals the denial of his application to modify sexual offender registration requirements, contending: (1) “the district court’s conclusion that [he] did not meet the threshold requirement of being low risk should be reversed as that conclusion was not supported by substantial evidence” and (2) “the district court abused its discretion in denying [his] application for modification.”  OPINION HOLDS: Because the focus here was on past crimes and past patterns of behavior, we sustain the writ and remand for consideration of the modification application in light of Fortune v. State, 957 N.W.2d 696 (Iowa 2021).

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge, and Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A defendant appeals his sentence on grounds that the district court impermissibly sentenced him based on his decision to stand trial.  OPINION HOLDS: The district court properly based its decision on the defendant’s lack of remorse.  There was no abuse of discretion, and the sentence is affirmed.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Rodney Jackson appeals the dismissal of his application for postconviction relief (PCR).  He claims actual innocence and that he pleaded guilty in the underlying criminal action because he was under duress.  OPINION HOLDS: Jackson did not file a motion in arrest of judgment to raise his duress claim.  Because Jackson failed to raise the issue when he was first able to and does not provide a sufficient reason for failing to previously raise the issue, he cannot raise the issue for the first time in this PCR action.  Jackson’s actual innocence claim fails because video footage and police reports support his conviction for assault causing bodily injury.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Benjamin Monson appeals his convictions for two counts of third-degree sexual abuse.  OPINION HOLDS: Because Monson has failed to demonstrate that any prejudice arising from joinder outweighed the State’s interest in judicial economy, we find no abuse of discretion in the district court’s refusal to sever his charges.

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            Jim Thygesen appeals the district court’s ruling on judicial review reversing the decision of the Iowa Workers’ Compensation Commissioner awarding compensation benefits.  Thygesen contends the district court erred in “reaching different factual conclusions than the commissioner with respect to the date of injury and date of discovery” of his hearing loss and tinnitus.  OPINION HOLDS: Substantial evidence supported the findings that Thygesen’s injury manifested a decade before he filed his claim and Thygesen knew the injury was work related.  As the district court concluded, the agency’s contrary determination required reversal.

            Appeal from the Iowa District Court for Johnson County, Carl D. Baker, Judge.  AFFIRMED AS MODIFIED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (6 pages)

            A husband appeals the district court’s award of temporary spousal support to the wife.  OPINION HOLDS: The district court’s temporary spousal support award failed to do equity, and accordingly, a downward modification of the temporary spousal support award is appropriate.

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

            An applicant appeals the denial of her postconviction-relief application, in which she requested a new trial based on the discovery of new evidence.  OPINION HOLDS: Because the trial court’s findings of fact are supported by substantial evidence and the law was correctly applied, we affirm the district court’s dismissal of the application.

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (7 pages)

            Travis Jordan appeals the denial of his motion to suppress.  OPINION HOLDS: Jordan’s claim fails under the United States and Iowa Constitutions, and the motion to suppress was properly denied.

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            Christopher Thompson appeals the district court’s order denying his application for postconviction relief (PCR).  OPINION HOLDS: Thompson has not shown his trial counsel provided ineffective assistance on his claims before this court.  We affirm the district court’s order denying Thompson’s PCR application.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Schumacher P.J., and Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (9 pages)

            Williams appeals the denial of his post-conviction relief (PCR) application.  OPINION HOLDS: Williams failed to meet his burden to establish that his trial counsel breached an essential duty.  Accordingly, his ineffective assistance of counsel claim fails and his PCR application was properly denied.

            Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (14 pages)

            Erinn Mills appeals the decree dissolving her marriage to Jason Mills.  She argues the district court’s refusal to award her spousal support was inequitable.  OPINION HOLDS: We agree the denial of spousal support was inequitable.  Because the record shows little likelihood that Erinn’s disability will allow her to become self-supporting at a standard of living reasonably comparable to the one enjoyed during the marriage, and Jason has the ability to pay, we find the decree should be modified to provide Erinn with an award of traditional spousal support.  We affirm the dissolution decree as modified and remand.