April 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED.  Considered by Schumacher, P.J., Chicchelly, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            Matthew Reynolds appeals from judgment and sentence following his conviction for attempted enticement of a minor, asserting there is insufficient evidence to support the conviction, the court abused its discretion in an evidentiary ruling, and the court failed to provide adequate reasons for the sentence imposed.  OPINION HOLDS: We affirm the conviction, vacate the sentence, and remand to the district court for resentencing.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            William McGrew and his wife Elaine McGrew appeal the district court’s rulings on post-trial motions.  OPINION HOLDS:  Appeal dismissed as moot.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (4 pages)

            Plaintiffs appeal the summary judgment order dismissing their claims after the district court determined the scope of liability associated with Douglas Walker’s conduct did not include the harm suffered by the plaintiffs.  OPINION HOLDS: Because a jury could find the scope of liability extends to the harm alleged here, we conclude the district court erred in granting summary judgment.

            Appeal from the Iowa District Court for Winneshiek County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (8 pages)

                  Robert Coonradt appeals the denial of his application for postconviction relief (PCR), arguing the district court erred in rejecting his claim that criminal trial counsel was ineffective in failing to litigate a motion to suppress that was filed by prior counsel.  OPINION HOLDS: We agree with the district court that counsel was not ineffective as alleged, and we affirm the denial of Coonradt’s PCR application.

            Appeal from the Iowa District Court for Monroe County, Daniel P. Wilson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Compeer Financial, FLCA (Compeer) appeals the grant of summary judgment to Quality Plus Feeds, Inc. (Quality Plus) foreclosing Quality Plus’s agricultural-supply-dealer lien.  OPINION HOLDS: Navigating the competing priority rules is a somewhat complex and fact-intensive exercise.  Finding genuine issues of material fact that preclude the grant of summary judgment for either party, we reverse the grant of summary judgment to Quality Plus, affirm the denial of summary judgment to Compeer, and remand for further proceedings.

            Appeal from the Iowa District Court for Buchanan County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (6 pages)

            Joseph Banks appeals the denial of his application for postconviction relief, arguing the district court erred in rejecting his claim of ineffective assistance.  OPINION HOLDS: We agree with the district court that Banks failed to meet his burden to prove prejudice.  As such, we affirm the denial of his application for postconviction relief.

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Aries McGee appeals his conviction for robbery in the first degree.  OPINION HOLDS: Taken in the light most favorable to the State, we find the evidence sufficient for a rational jury to find McGee committed robbery in the first degree. 

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Derrick Shafer appeals the denial of his application for postconviction relief, arguing the court erred in rejecting his claims of ineffective assistance of counsel.  OPINION HOLDS: We agree with the district court that counsel was not ineffective as alleged and affirm the denial of Shafer’s application.

            Appeal from the Iowa District Court for Marshall County, Kurt Stoebe, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Tony Reed appeals the district court’s finding that he breached an oral lease agreement.  Reed argues: (1) the district court relied on impermissible hearsay statements; (2) the court improperly shifted the burden of proof to him; (3) the court’s findings are not supported by substantial evidence; and (4) plaintiff-appellee failed to adequately prove her damages.  OPINION HOLDS: Any errors regarding the hearsay statements were harmless, the district court did not shift the burden of proof, substantial evidence supports the court’s findings, and plaintiff-appellee proved her damages. 

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Carr, S.J.  Chicchelly, J., takes no part.  Opinion by Badding, J.  (7 pages)

            The plaintiffs appeal a summary judgment ruling dismissing their petition for failure to timely serve the defendant.  OPINION HOLDS: On our review of the record, no genuine issue of material fact existed and summary judgment was appropriate.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            Darren Petro appeals the denial of his petition for judicial review challenging the administrative closure of his complaint with the Davenport Civil Rights Commission (DCRC).  OPINION HOLDS: Petro was required to file his petition for judicial review within thirty days of the administrative closure of his complaint with the DCRC.  Because he failed to do so, his petition is not timely, and we do not consider his due-process claim.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (5 pages)

            Gerald Tutson Jr. appeals following a guilty plea to second-degree robbery and felon in possession of a firearm as a habitual offender, claiming he “did not understand that his 10 year sentenc[e] for robbery 2nd and the 15 year sentence for felon in possession, habitual offender status, could be run consecutive for a total of 25 years” and he “also did not understand that . . . the mandatory minimums would have to be served for a total of 10 years.”  OPINION HOLDS: We affirm Tutson’s conviction, judgment, and sentence.