Filed Mar 02, 2022
View Opinion No. 20-1630
View Summary for Case No. 20-1630
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by May, P.J., Ahlers, J., and Mullins, S.J. Opinion by May, J. (9 pages)
Imere Hall appeals the dismissal of his application for postconviction relief. Hall claims his trial counsel and postconviction counsel were constitutionally ineffective and that the doctrine of cumulative error applies. OPINION HOLDS: We find his respective counsel acted appropriately and cumulative error does not apply. So we affirm the postconviction court.
Filed Mar 02, 2022
View Opinion No. 20-1698
View Summary for Case No. 20-1698
Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Ahlers, JJ. Opinion by Ahlers, J. (7 pages)
Zach Szuminski appeals the denial of his application for postconviction relief. OPINION HOLDS: Szuminski failed to prove the prejudice necessary to find his trial counsel ineffective, as he failed to prove he would have insisted on going to trial if he had been correctly informed of the duration of his sex offender registration obligation.
Filed Mar 02, 2022
View Opinion No. 21-0047
View Summary for Case No. 21-0047
Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and May, JJ. Opinion by Vaitheswaran, P.J. (12 pages)
Mark Hopper appeals the district court’s dismissal of his petition seeking title to property awarded to the City of Waterloo under Iowa Code section 657A.10A (2019). OPINION HOLDS: The district court did not err because Hopper was not the real party in interest, he was foreclosed from arguing he was entitled a guardian ad litem, and his petition otherwise constitutes an impermissible collateral attack that was filed more than one year after entry of judgment.
Filed Mar 02, 2022
View Opinion No. 21-0050
View Summary for Case No. 21-0050
Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge. AFFIRMED. Considered by Ahlers, P.J., Mullins, S.J., and Blane, S.J. Opinion by Blane, S.J. (13 pages)
In this mortgage foreclosure action, the borrower/mortgagor and guarantors appeal the district court’s grant of summary judgment in favor NCP East LLC, the mortgagee assignee. They assert NCP, succeeded in interest by Cadles of West Virginia, LLC, failed to submit proof of undisputed facts as required by Iowa Rule of Civil Procedure 1.981(3) and was not entitled to summary judgment or, in the alternative, the court should have granted a continuance of the hearing on the motion to allow discovery under Iowa Rule of Civil Procedure 1.981(6). OPINION HOLDS: The district court correctly determined that NCP’s affidavits were based on personal knowledge, that the undisputed facts established that there was no genuine issue of material fact, that NCP was entitled to summary judgment, and Midwest Biologics, LLC’s motion for opportunity to conduct discovery in this mortgage foreclosure action was properly denied. We affirm.
Filed Mar 02, 2022
View Opinion No. 21-0199
View Summary for Case No. 21-0199
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Tabor and May, JJ. Opinion by Tabor, J. (10 pages)
A father appeals a protective order against him in favor of his child’s mother. OPINION HOLDS: The mother did not meet her burden of proof. We reverse and remand.
Filed Mar 02, 2022
View Opinion No. 21-0229
View Summary for Case No. 21-0229
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Greer, J. (13 pages)
Dante Rhodes appeals the denial of his application for postconviction relief (PCR) following his conviction for two counts of delivery of a controlled substance (heroin). Rhodes re-raises the same claims he raised to the district court, arguing he received ineffective assistance from trial counsel when counsel failed to move (1) for dismissal of the underlying criminal charges because the statute of limitations had lapsed and (2) for suppression of evidence obtained during the execution of a search warrant that was not supported by probable cause. OPINION HOLDS: Rhodes failed to prove the motions would have been successful, so we cannot find counsel had a duty to pursue them and Rhodes’s claims of ineffective of assistance of counsel fail. We affirm the district court’s denial of his application for PCR.
Filed Mar 02, 2022
View Opinion No. 21-0331
View Summary for Case No. 21-0331
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. AFFIRMED. Heard by Bower, C.J., and Tabor and Chicchelly, JJ. Opinion by Chicchelly, J. (7 pages)
Dr. Mark B. Irland appeals the dismissal of his petition for judicial review regarding a confidential clinical competency evaluation ordered by the Iowa Board of Medicine (the “Board”). OPINION HOLDS: Because Dr. Irland has not overcome the doctrine of exhaustion of administrative remedies or satisfied the requirements for immediate judicial review, there is no jurisdiction for judicial review at this time. We affirm the district court's order granting the Board’s motion to dismiss.
Filed Mar 02, 2022
View Opinion No. 21-0362
View Summary for Case No. 21-0362
Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge. AFFIRMED. Considered by Bower, C.J., Chicchelly, J., and Doyle, S.J. Opinion by Doyle, S.J. (6 pages)
Trenton Michael Brown appeals his convictions on charges of disarming a police officer with discharge of a weapon, assault on a police officer causing bodily injury, and fourth-degree criminal mischief. OPINION HOLDS: Because substantial evidence did not raise concerns about Brown’s competency following the initial competency evaluation, the district court had no duty to inquire further into Brown’s competency.
Filed Mar 02, 2022
View Opinion No. 21-0387
View Summary for Case No. 21-0387
Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge. AFFIRMED. Considered by May, P.J., Ahlers, J., and Gamble, S.J. Opinion by Gamble, S.J. (5 pages).
Jeanne Brown appeals her sentence following her guilty plea. OPINION HOLDS: The sentencing court did not misinterpret the presentence investigation report. And the court did not abuse its discretion by declining to adopt the sentencing recommendation in the presentence investigation report or the parties’ sentencing recommendation.
Filed Mar 02, 2022
View Opinion No. 21-0437
View Summary for Case No. 21-0437
Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge. REVERSED AND REMANDED. Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ. Opinion by Bower, C.J. (4 pages)
A mother challenges the private termination of her parental rights, alleging she did not receive statutorily required notice of her right to counsel and or of a videoconference hearing. OPINION HOLDS: The notice served on the mother did not comply with statutory requirements; therefore, we reverse and remand for further proceedings.
Filed Mar 02, 2022
View Opinion No. 21-0438
View Summary for Case No. 21-0438
Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge. AFFIRMED. Heard by May, P.J., and Schumacher and Badding, J.J. Opinion by Schumacher, J. (17 pages)
A former spouse appeals from a dissolution decree, claiming the district court improperly enforced a premarital agreement and awarded her insufficient spousal support. OPINION HOLDS: We affirm.
Filed Mar 02, 2022
View Opinion No. 21-0446
View Summary for Case No. 21-0446
Appeal from the Iowa District Court for Tama County, Nicholas Scott, District Associate Judge. AFFIRMED. Considered by May, P.J., and Schumacher and Badding, JJ. Opinion by Badding, J. (9 pages)
Curtis Walter appeals his conviction for operating while intoxicated. He argues the evidence supporting his conviction is insufficient to show he was under the influence of a drug. OPINION HOLDS: Finding the evidence sufficient to support Walter’s conviction, we affirm.