2022 Archive | Court of Appeals Court Opinions

            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. 

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and May, JJ.  Opinion by May, J.  (3 pages)

            George Barron appeals his conviction for operating while intoxicated.  OPINION HOLDS: Sufficient evidence supports Barron’s conviction.

            Appeal from the Iowa District Court for Marion County, Terry R. Rickers, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (16 pages)

            One sister, Mary De Jong, as a tenant in common with her sister, Brenda Munson, petitioned for partition of property that was Munson’s home.  The district court found that equity prevented De Jong from pursuing the partition action.  OPINION HOLDS: De Jong as a tenant in common and having paid for repairs to the property as well as mortgage payments, has an interest in the property sufficient to seek partition.  And because no equitable consideration justifies curtailing De Jong’s right to partition, we reverse the district court’s ruling and remand for further proceedings.

            Appeal from the Iowa District Court for Story County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (7 pages)

            Jordan Bryant was convicted of third-degree robbery and involuntary manslaughter.  She argues her robbery conviction should merge into her involuntary manslaughter conviction.  OPINION HOLDS: We affirm the district court because it would be possible to commit the manslaughter offense without necessarily committing the robbery offense. 

            Appeal from the Iowa District Court for Marion County, Martha L. Mertz, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (4 pages)

            Alvis Sayee appeals the denial of his application for postconviction relief, contending plea counsel conducted an inadequate investigation of text messages.  OPINION HOLDS: Because Sayee failed to show counsel performed below constitutional norms, we affirm.

            Appeal from the Iowa District Court for Pocahontas County, Christopher C. Polking, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (13 pages)

            Chad Michael Elsen appeals the order denying and dismissing his petition in an action to contest his father’s will and trust.  OPINION HOLDS: I. Substantial evidence supports the finding that Chad failed his burden of proving his sister unduly influenced the will.  II. Applying the same burden of proof to Chad’s claim of undue influence in the creation of an inter vivos revocable trust, we reach the same conclusion.  III. Having failed to prove undue influence or other legal wrong occurred, we affirm the denial of Chad’s claim of tortious interference with an inheritance.

            Appeal from the Iowa District Court for Ida County, Julie Schumacher (suppression) and Zachary Hindman (trial), Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Gamble, S.J.  Schumacher, J., takes no part.  Opinion by Badding, J. (13 pages)

            Michael Euchner Sr. appeals his drug convictions, claiming the district court erred in denying his motion to suppress because “plain smell” does not establish probable cause and the information used to obtain the warrant was stale by the time it was executed.  He also challenges the sufficiency of the evidence to show he intended to deliver methamphetamine or marijuana.  OPINION HOLDS: We affirm the denial of Euchner’s motion to suppress and find sufficient evidence supported the challenged verdicts.

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Vadim Shultsev appeals his sentence after pleading guilty to driving while barred.  He argues the sentencing court considered an impermissible factor, determining he should serve a longer prison sentence because he would receive better medical care than he would in the county jail.  OPINION HOLDS: Because the court could consider Shultsev’s health as a mitigating factor in making its sentencing determination, we affirm.

            Appeal from the Iowa District Court for Louisa County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Bower, C.J.  (3 pages)

            Daniel Scott Enriquez Sr. contends the district court abused its sentencing discretion.  OPINION HOLDS: The court’s reasons were neither clearly untenable or unreasonable.  We affirm.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Blane, S.J.  Opinion by May, P.J.  (5 pages)

            Laura Hutchens appeals from the physical-care determination in the decree dissolving her marriage to Barry Hutchens Jr.  OPINION HOLDS: We agree with the district court that the children’s interests are best served by placing their physical care with Barry.