2022 Archive | Court of Appeals Court Opinions

            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.

            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.

            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.

            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.

            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.

            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.