March 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            Wyatt Johnson appeals the dismissal of his second application for postconviction relief (PCR).  He contends the district court was wrong to summarily dismiss his application as time-barred, arguing Schmidt v. State, 909 N.W.2d 778 (Iowa 2018), is a new ground of law that allows him to raise the claim he is actually innocent of the 2009 murder to which he pled guilty outside the three-year statute of limitations for PCR actions.  In the alternative, he argues he received ineffective assistance from his PCR counsel.  OPINION HOLDS: Because Johnson’s claim of actual innocence is not based on a newly discovered fact that could not have been discovered within the three-year statute of limitations, the district court was correct to dismiss his application as time-barred.  Johnson failed to prove he suffered prejudice from PCR counsel’s alleged breach, so his claim of ineffective assistance fails.  We affirm.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (10 pages)

            The applicant appeals summary dismissal of his second application for postconviction relief.  OPINION HOLDS: Dismissal was premature.  The applicant is entitled to an evidentiary hearing on his claims of ineffective assistance of counsel.

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

            Samuel Seidell Jr. appeals the district court’s denial of his application to modify his sex offender registration requirements.  OPINION HOLDS: The court did not consider an improper factor and did not abuse its discretion in denying the application to modify, and we affirm. 

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (6 pages)

            Bruce Crane appeals the district court’s acceptance of the State’s motion to consolidate—and denial of his motion to sever—three sexual abuse and lascivious acts with a minor cases that the State filed against him.  OPINION HOLDS: The district court did not abuse its discretion in consolidating the three cases and denying Crane’s motion to sever. 

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Matthew Garbers appeals his convictions for two counts of possession of a controlled substance with prior offense enhancements.  OPINION HOLDS: Garbers was improperly sentenced on an enhanced possession charge when he was not charged with or found guilty of a charge with such enhancement.  On this matter, the decision of the district court is vacated and remanded.  There was sufficient evidence to support his conviction on the other enhanced possession charge, which we affirm.

            Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Ryan Redenius appeals the support provisions of a temporary order entered during the proceedings to dissolve his marriage to Kara Redenius.  OPINION HOLDS: On our de novo review, we find that Ryan earns about $90,000.00 per year.  On this basis, we affirm the child-support determination.  In light of the parties’ earnings and Kara’s expenses, the award of spousal support is not inequitable and the award of $1000 in Kara’s temporary attorney fees is neither unreasonable nor untenable.  But we decline to award Kara appellate attorney fees.

            Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (5 pages)

            Russell Larson appeals his convictions on two counts of second-degree sexual abuse, arguing his confession is insufficient to support his convictions absent sufficient other proof to corroborate his confession.  OPINION HOLDS: Being accompanied by other proof that he committed the offense, Larson’s confession was sufficient to support his convictions.  We affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Beau Gries appeals his methamphetamine conviction, arguing the State did not prove possession.  OPINION HOLDS: A reasonable jury could find Gries possessed methamphetamine.  We affirm. 

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (5 pages)

            Jeremiah Collins pled guilty to carrying weapons and first-degree theft.  The district court sentenced Collins to two years and ten years, respectively, suspended both sentences, and placed Collins on probation.  The court indicated Collins would serve the imposed sentences consecutively if his probation was revoked in the future.  Collins appeals, arguing the court failed to state reasons for imposing consecutive terms.  OPINION HOLDS: The district court was required to give reasons for imposing consecutive terms—even when it suspended them.  Because the court failed to do so, we vacate Collins’s sentences and remand for resentencing. 

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge. AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (18 pages)

            Kading Properties, LLC appeals from the annulment of their writ of certiorari following the Indianola City Council’s denial of their development site plans.  It argues the Council was required to make specific findings of fact, its decision was arbitrary and capricious against substantial evidence, and it acted beyond the scope of its powers.  OPINION HOLDS: The Council was required to provide their reasoning when denying Kading’s site plan.  But, as this was a directory duty rather than mandatory, the failure does not invalidate the proceedings.  The Council had evidence to support its decision, and was not acting outside of its given powers. 

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher, J. and Doyle, S.J.  Opinion by Schumacher, J.  (6 pages)

            Heather Swanson appeals her conviction for theft in the third degree, contending there is insufficient evidence she had the intent to permanently deprive the owner of their property. OPINION HOLDS: We find substantial evidence supports her conviction.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Michael Coon challenges the sufficiency of the evidence supporting the jury’s convictions on two counts of second-degree sexual abuse and one count of child endangerment.  OPINION HOLDS: There is substantial evidence to support all three of the jury’s convictions.