August 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Hardin County, John R. Flynn, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (10 pages)

            Robert Eakin appeals his three convictions for third-degree sexual abuse, claiming the interviewing officer made improper promises of leniency and the district court gave an improper non-corroboration jury instruction.  OPINION HOLDS: The interviewing officer’s statements to Eakin prior to his confession were improper promises of leniency that made Eakin’s confession inadmissible.  The district court also erred in including the non-corroboration instruction.  The district court’s error regarding the instruction was harmless as to one of the convictions, as the victim’s testimony was corroborated by the victim’s mother.  The district court’s error was not harmless to the remaining two convictions, as Eakin’s confession was the only corroborating evidence.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Danilson, S.J.  Opinion by May, P.J.  (10 pages)

            David Cox appeals his guilty plea and sentence for forgery and theft.  OPINION HOLDS: Cox has shown good cause to appeal, and we grant him a delayed appeal to hear his claims.  But because the district court did not abuse its sentencing discretion, we affirm the district court.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (14 pages)

            Anthony English appeals his convictions and sentences for first-degree murder and first-degree robbery, claiming the district court should have granted a mistrial, that certain evidence was improperly admitted, and the court abused its sentencing discretion.  OPINION HOLDS: We affirm the district court because it did not abuse its discretion in regard to any of English’s claims on appeal.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Troy Patrick appeals his convictions for delivery of a controlled substance and failure to possess a tax stamp.  He argues the district court did not adequately advise him of his right to compulsory process before accepting his guilty plea.  OPINION HOLDS: We consider the merits of Patrick’s argument because the district court did not adequately advise him of the need to file a motion in arrest of judgment.  Patrick failed to show he more likely than not would not have pled guilty if properly advised of his right to compulsory process, so we reject his challenge to his guilty plea and affirm his convictions.

            Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by May, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  Special Concurrence by Greer, J.  (17 pages)

            Iowa Attorney Jacob van Cleaf petitioned to take involuntary guardianship of a former client’s child.  The former client—the child’s mother—asserted van Cleaf’s bringing of the action violated numerous Iowa Rules of Professional Conduct.  The district court agreed with the mother; ruled that van Cleaf had violated Iowa Rules of Professional Conduct 32:1.9 and 32:1.8; and, as the remedy, dismissed the guardianship action.  On appeal, we consider whether the rules van Cleaf was found to have breached apply to attorneys who are representing themselves and what the proper remedy is for violating any of the applicable rules.  OPINION HOLDS: Dismissal of the guardianship action was inappropriate; neither Iowa Rule of Civil Procedure 1.421(1)(f), the Iowa Rules of Professional Conduct, nor case law support it.  Therefore, we reverse the dismissal and remand for further proceedings.  SPECIAL CONCURRENCE ASSERTS: I concur with the majority but write separately to highlight that van Cleaf may wish to avail himself of the informal process allowing any Iowa lawyer to seek advisory opinions about an issue through the Ethics Committee of the Iowa State Bar Association before the proceedings on the merits of his involuntary guardianship petition continue.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            Robert Mordini appeals from a district court ruling granting summary judgment in favor of his former employer, the Iowa State Patrol, and his former supervisors, Jeff Ritzman and Roxann Ryan.  OPINION HOLDS: We affirm the judgment of the district court.

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Carr, S.J.  Opinion by Tabor, P.J.  (4 pages)

            Dennis Cooper, Jr., pleaded guilty to two counts of second-degree sexual abuse and one count of third-degree sexual abuse.  The district court sentenced him to consecutive, indeterminate terms of incarceration of twenty-five years for each of the two second-degree counts and ten years for the third-degree count.  Cooper contends the court did not give adequate reasons for imposing the sentences consecutively.  OPINION HOLDS: We find no abuse of discretion and affirm the sentences.

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. Dissent by May, P.J.  (14 pages)

            The Iowa Department of Transportation (DOT) appeals the district court’s denial of the DOT’s motion for summary judgment.  The DOT alleges this action is barred by claim preclusion.  OPINION HOLDS: Upon our review, we determine this claim, instituted by Jerry, Larry, and Charlotte England is barred by their previous litigation.  Accordingly, the district court should have granted the motion.  We reverse and remand for entry of summary judgment for the DOT. DISSENT ASSERTS: I respectfully dissent.  I don’t believe the current suit is barred by our opinion in Anderson State ex rel. Iowa Department of Transportation, No. 17-1276, 2019 WL 1055720, at *3 (Iowa Ct. App. Mar. 6, 2019).

            Appeal from the Iowa District Court for Jackson County, Tamra Roberts, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (14 pages)

            Terrill and Shirley Saunders (collectively Saunders) appeal a district court ruling that denied their claim seeking a new property boundary by acquiescence, contending Constance (Connie) Snyder-Johnson and her daughter, Diane Miller, ceded land up to a fence line that lies on Connie’s land.  Connie cross-appeals, claiming the district court erroneously found she had not established an easement by prescription on land the Saunders own.  OPINION HOLDS: Under the applicable standard of review, we affirm the district court decision that found the Saunders failed to establish a boundary by acquiescence and denied Connie’s claim for an easement.   

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  AFFIRMED.  Considered by May, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            Michael Bibby appeals his conviction on a charge of attempt to commit murder and the sentences imposed on his convictions for willful injury and first-degree robbery.  OPINION HOLDS: Viewing the evidence and the inferences taken from it in the light most favorable to the State, a reasonable juror could find Bibby had the specific intent to commit murder.  Because there were multiple assaults or threats from which the jury could find Bibby committed robbery, it is not necessary to merge Bibby’s convictions of willful injury and first-degree robbery.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (8 pages)

            Normaleena Ramirez Grebe appeals the district court’s dismissal of her application for rule to show cause on res judicata grounds.  OPINION HOLDS: Grebe’s application is not barred under issue preclusion because the prior court did not decide whether Thomas Gray’s post-military career constituted “federal service.”  However, Grebe’s application is barred under claim preclusion because Grebe had a full and fair opportunity to litigate the “federal service” issue in the prior action.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

            The applicant appeals denial of his application for postconviction relief.  He raises five separate claims and one claim of cumulative prejudice.  OPINION HOLDS:  We find no merit in any individual ground and no cumulative prejudice.  We affirm denial of relief.