Filed Apr 27, 2022
View Opinion No. 19-1760
View Summary for Case No. 19-1760
Appeal from the Iowa District Court for Polk County, Kevin Parker, District Associate Judge. REVERSED AND REMANDED. Heard by Tabor, P.J., May, J., and Danilson, S.J. Opinion by Tabor, P.J. Dissent by May, J. (22 pages)
Police detained Prince Paye because a ball hitch partially blocked the view of a single letter of the car’s license plate. On appeal, he argues the traffic stop was unjustified. OPINION HOLDS: Section 321.38 is ambiguous. But relying on canons of interpretation and the rule of lenity, we hold Paye did not violate its requirements. Because the stop was based on a mistake of law, all evidence stemming from it must be suppressed. We reverse and remand. DISSENT ASSERTS: Based on the statutory language, our court’s prior decisions, and especially the supreme court’s teachings in State v.Harrison, 846 N.W.2d 362 (Iowa 2014), I conclude Iowa Code section 321.38 (2019) required Prince Paye to place his license plate so that the entire registration plate number would be “clearly visible.” Because part of Paye's registration plate number was hidden behind a trailer ball, Paye violated this requirement. So the officer was justified in stopping Paye, the motion to suppress was properly denied, and Paye’s conviction should be affirmed. I respectfully dissent.
Filed Apr 27, 2022
View Opinion No. 19-1909
View Summary for Case No. 19-1909
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Considered by Tabor, P.J., May, J., and Vogel, S.J. Opinion by Vogel, S.J. (5 pages)
Willie Herron appeals the denial of his application for postconviction relief. OPINION HOLDS: We affirm the denial of Herron’s application.
Filed Apr 27, 2022
View Opinion No. 20-1002
View Summary for Case No. 20-1002
Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. AFFIRMED. Considered by May, P.J., Badding, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (5 pages)
More than twenty years after a jury first convicted Owens Thompson of first-degree murder, Thompson brought this—his third—application for postconviction relief (PCR). The district court summarily dismissed the application for being time-barred. Thompson appeals, arguing Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), allows him to bring this action and requires the court to provide him an evidentiary hearing to develop his claim of ineffective assistance of counsel. OPINION HOLDS: Because Allison does not apply to save his application from being time-barred by Iowa Code section 822.3 (2019), we agree with the district court’s summary dismissal of Thompson’s third PCR application.
Filed Apr 27, 2022
View Opinion No. 20-1689
View Summary for Case No. 20-1689
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. AFFIRMED. Heard by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Bower, C.J. (11 pages)
Christopher Thompson appeals his conviction for first-degree murder, asserting the trial court erred in admitting hearsay statements made by the deceased. OPINION HOLDS: Because the district court did not err in determining the hearsay was admissible under Iowa Rule of Evidence 5.803(3), we affirm.
Filed Apr 27, 2022
View Opinion No. 20-1733
View Summary for Case No. 20-1733
Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J. Opinion by Vogel, S.J. (13 pages)
Chad Dietrick appeals his conviction for murder in the second degree, asserting the district court erred in refusing to give his requested jury instruction and in concluding the decedent’s confidential medical records offered nothing exculpatory for the defense. OPINION HOLDS: Finding no error in the jury instructions given or in the court’s ruling on privileged matters, we affirm.
Filed Apr 27, 2022
View Opinion No. 21-0289
View Summary for Case No. 21-0289
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by Ahlers, P.J., Chicchelly, J., and Danilson, S.J. Opinion by Danilson, S.J. (4 pages)
Vern Miller appeals from the district court’s order denying his petition to modify the stipulated custody decree between him and Lisa Meyer involving their child. OPINION HOLDS: Miller has not met his burden to show a substantial and material change in circumstances warranting modification of the parties’ physical care arrangement. We affirm the district court’s order.
Filed Apr 27, 2022
View Opinion No. 21-0307
View Summary for Case No. 21-0307
Appeal from the Iowa District Court for Audubon County, Greg W. Steensland, Judge. AFFIRMED AS MODIFIED. Heard by May, P.J., and Greer and Chicchelly, JJ. Opinion by May, P.J. (12 pages)
Jamie Moss appeals from the decree dissolving her marriage to Rico Moss. OPINION HOLDS: We agree with the district court that Jamie has not shown Rico dissipated assets. We modify the decree to provide Jamie with spousal support.
Filed Apr 27, 2022
View Opinion No. 21-0319
View Summary for Case No. 21-0319
Appeal from the Iowa District Court for Delaware County, Monica Zrinyi Ackley, Judge. REVERSED AND REMANDED. Heard by May, P.J., and Schumacher and Badding, JJ. Opinion by May, P.J. (26 pages)
Anthony (Tony) Manatt appeals an order granting directed verdict to Bradford Manatt. OPINION HOLDS: We conclude (1) the district court erred in concluding that—as a matter of law—Tony’s claims were barred by the failure of a condition precedent; (2) the district court erred in concluding Tony lacked standing as a matter of law; and (3) Tony did not preserve error on his argument that the court should have granted him summary judgment based on the trial record.
Filed Apr 27, 2022
View Opinion No. 21-0327
View Summary for Case No. 21-0327
Appeal from the Iowa District Court for Black Hawk County, Thomas A. Bitter, Judge. AFFIRMED. Considered by May, P.J., and Schumacher and Badding, JJ. Opinion by May, P.J. (7 pages)
This is Doncorrion Spates’s second direct appeal from his convictions of murder in the first degree, attempted murder, and intimidation with a deadly weapon. Spates appeals the remand court’s denial of his motion for new trial. Opinion holds: Spates failed to prove his claim that racial animus impacted the verdict. We affirm Spates’s convictions.
Filed Apr 27, 2022
View Opinion No. 21-0421
View Summary for Case No. 21-0421
Appeal from the Iowa District Court for Plymouth County, Roger L. Sailer, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Greer, J. (10 pages)
Michael Johnson pled guilty to fourth-degree theft, a serious misdemeanor. On appeal, he challenges his conviction and his sentence, relying on Iowa Rule of Criminal Procedure 2.33(1) and the principles of double jeopardy. OPINION HOLDS: Johnson has good cause to challenge his conviction and sentence following the district court’s denial of his motion to dismiss. But we agree with the district court that dismissal was not necessary under either rule 2.33(1) or the principles of double jeopardy. We affirm.
Filed Apr 27, 2022
View Opinion No. 21-0579
View Summary for Case No. 21-0579
Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and May, JJ. Opinion by May, J. (4 pages)
Laurie Lahr appeals the child and spousal support award in her dissolution from Todd Lahr. OPINION HOLDS: We affirm because the district court relied on the most reliable evidence to establish Todd’s income. And we decline to award appellate attorney fees.
Filed Apr 27, 2022
View Opinion No. 21-0668
View Summary for Case No. 21-0668
Appeal from the Iowa District Court for Carroll County, Gina C. Badding, Judge. AFFIRMED. Heard by May, P.J., and Greer and Chicchelly, JJ. Badding, J. takes no part. Opinion by May, P.J. (2 pages)
Rosemarie Stotts appeals the judicial review order upholding a denial of unemployment benefits. OPINION HOLDS: The agency’s finding of misconduct is supported by substantial evidence. So we affirm.