August 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Danilson, S.J.  Opinion by Tabor, P.J.  (17 pages)

            A cosmetic surgeon challenges a judicial review order affirming the Iowa Board of Medicine findings of professional incompetency, practice harmful to the public, unethical and unprofessional conduct, inappropriate prescribing, and improper record management.  OPINION HOLDS: We find substantial evidence to support the Board’s sanctions on all contested grounds.  In doing so, we conclude the Board properly interpreted the term “acute” in its rule.  We decline to reach the merits of the doctor’s ancillary issues because they were not preserved for our review.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            John Deering appeals the denial of his application for postconviction relief following his convictions of first-degree kidnapping, attempt to commit murder, and willful injury.  Deering asserts “the State did not prove the victim suffered the admitted serious injury as a consequence of the kidnapping,” and in his view, his trial attorneys were “ineffective” in “failing to move for judgment of acquittal” on this basis.  OPINION HOLDS: We affirm the court’s denial of the postconviction-relief application.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Gerald Bohr appeals the district court’s order granting an amended application to certify child support arrearage and unreimbursed medical expenses owed to Patsy O’Hara, arguing the Supremacy Clause of the United States Constitution and preemptive federal law prevents him from being dispossessed of “federal disability pay or property in lieu thereof.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson (Motion to Suppress) And Lawrence P. McLellan (Trial), Judges.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Mullins, S.J.*  Opinion by Greer, P.J. (12 pages)

            Sam Abu Youm appeals from his conviction for two counts of possession of a controlled substance with the intent to deliver and two corresponding counts of failure to possess a tax stamp.  He argues the district court erred in denying both his motion to suppress and motion for a new trial.  OPINION HOLDS: As the emergency aid exception allowed for the warrantless entry into and initial search of Abu Youm’s apartment and the district court did not abuse its discretion in denying his motion for a new trial, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Riki Harrington appeals her convictions and sentences for ongoing criminal conduct and first-degree theft.  OPINION HOLDS: After viewing all the evidence in the light most favorable to upholding the verdict, we conclude a rational person could find beyond a reasonable doubt that Harrington took money from her office, so we affirm Harrington’s convictions.  The district court did not adhere to a fixed sentencing policy but exercised its discretion and in denying Harrington deferred judgment.  We affirm her sentences.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, JJ., and Danilson, S.J.* Opinion by Schumacher, P.J.  (7 pages)

            A convicted sex offender appeals the district court’s denial of his sex offender registration requirements, contending there was an abuse of discretion.  The offender argues the district court abused its discretion in denying his modification request.  OPINION HOLDS: Though categorized as a low risk, the court viewed Evans as a present public safety risk to children, a decision that we do not view as clearly untenable or clearly unreasonable.  Finding that the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Dustin McDanel appeals the denial of his application for postconviction relief.  OPINION HOLDS: Trial counsel did not breach an essential duty, so McDanel’s ineffective-assistance claim fails.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Yahye Sallahadin challenges the sufficiency of the evidence supporting his conviction for third-degree sexual abuse.  OPINION HOLDS: Testimony from the complaining witness established Sallahadin performed a sex act on her while she was mentally incapacitated or physically helpless.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  Dissent by Tabor, J. (15 pages)

            Tommy Copeland appeals the denial of his petition for writ of certiorari following his termination as an air base security guard for the Iowa Air National Guard.  Copeland claims that, as a veteran, he was entitled to a pre-termination hearing under the Iowa Veterans Preference Act in Iowa Code chapter 35C (2020).  OPINION HOLDS: On our review of the record, we agree with the district court that Copeland’s position as an air base security officer placed him in a confidential relation with his appointing authority.  That confidential relation bars the application of the statutory removal protection provided in section 35C.6.  Accordingly, we affirm the district court’s denial of Copeland’s petition for writ of certiorari.  DISSENT ASSERTS: I respectfully dissent.  I would find Tommy Copeland did not do “strictly confidential” work for the adjutant general so he does not fall within the exception to the veterans-preference statute in Iowa Code section 35C.8 (2020). 

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Mullins, S.J.  Opinion by Bower, C.J.  (6 pages)

            David Hatfield appeals his conviction for first-degree murder, in violation of Iowa Code section 707.2(1)(a) (2019).  He contends his trial counsel was ineffective in failing to object to the prosecutor’s closing statements and the trial court erred in overruling his hearsay objection to the decedent’s mother’s testimony about her daughter’s previous suicide attempt.  OPINION HOLDS: We have no authority to consider a claim of ineffective assistance of counsel on direct appeal.  The trial court did not err in allowing the statement as one of “then-existing state of mind.”  We affirm.

            Appeal from the Iowa District Court for Jackson County, John Telleen, Judge.  AFFIRMED.  Considered by Viatheswaran, P.J., Ahlers, J., and Mullins, S.J.  Greer, J., takes no part.  Opinion by Mullins, S.J.  (14 pages)

            Brian and Karen Watters (collectively plaintiffs) appeal the denial of their motion for a new trial following a jury verdict on their claims against Jeffrey Medinger stemming from erosion on the plaintiffs’ property allegedly caused by Medinger.  OPINION HOLDS: Finding no error or abuse of discretion in the district court’s denial of the plaintiffs’ motion for a new trial, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  CONDITIONALLY AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Bower, C.J.  (16 pages)

            Robert J. Darrah appeals the district court order that set aside the order admitting a lost will to probate in Robert Scott Darrah’s estate.  OPINION HOLDS: We find no legal error in the district court order as to the timeliness of the minor children’s motion to set aside and conclude substantial evidence supports the district court’s ruling that Robert did not prove a diligent search had been made.  We conditionally affirm the order and remand to the district court.