2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (14 pages)

            Stephen Jonas appeals the denial of his application for postconviction relief, contending his trial attorneys were ineffective in failing to (A) request additional peremptory strikes following “the denial of a motion to strike jurors for cause”; (B) “file a motion to suppress his statements” to police; (C) “make proper objections to” an agent’s testimony; and (D) object to hearsay, vouching, and handgun evidence.  He also contends his attorney on direct appeal was ineffective in failing to challenge a trial court ruling on a juror’s conduct.  OPINION HOLDS: We affirm the district court’s denial of the postconviction-relief application.

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (6 pages)

            Landowners appeal a district court’s determination that their neighbor established a boundary between their properties by acquiescence.  OPINION HOLDS: Substantial evidence supports the district court’s finding, so we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (23 pages)

            Ramon Harper appeals the denial of his application for postconviction relief.  He seeks a new trial on the grounds that (1) his trial counsel was ineffective, (2) he was deprived of his constitutional right to control his own defense, (3) his right to a jury drawn from a fair cross-section of the community was violated, and (4) the State engaged in purposeful racial discrimination in jury selection.  OPINION HOLDS: Finding no grounds for reversal, we affirm. 

            Appeal from the Iowa District Court for Monona County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            William Goodon appeals from his conviction for possession of methamphetamine, third or subsequent offense.  He argues the district court erred in admitting evidence a syringe and needle field-tested positive for methamphetamine and in admitting several out-of-court statements over his hearsay objections.  OPINION HOLDS: Any error in the admission of the field test results was harmless, and the out-of-court statements were either excepted from hearsay or substantially the same as other evidence in the record. 

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Michael Ray Wineinger appeals the district court’s ruling finding his criminal trial counsel was not ineffective.  OPINION HOLDS: Trial counsel was not ineffective for failing to object to admission of a prior video recorded forensic interview of a sex abuse witness when the recording was admissible as a prior consistent statement under Iowa Rule of Evidence 5.801(d)(1)(B).  Wineinger failed to preserve his claim trial counsel was ineffective for failing to request a limiting jury instruction. 

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother appeals a child custody decision awarding primary physical care of her child to his father.  OPINION HOLDS: Having reviewed the record, we find primary physical with his father to be in the child’s best interests and affirm the district court’s decision.

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  AFFIRMED AS MODIFIED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by May, P.J.  (6 pages)

            Dan Barr appeals from the decree dissolving his marriage to Kelly Barr.  On appeal, he argues the district court should not have awarded Kelly spousal support.  Both parties seek appellate attorney fees.  OPINION HOLDS: The district court’s award of spousal support is beyond the equitable range, so we reduce it.  We decline to award either party appellate attorney fees.

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Dissent by Greer, J.  (22 pages)

            The district court granted summary judgment to Wapello County on a breach-of-contract claim, finding the McNeals waived their right to contest the county’s removal of “derelict” vehicles.  OPINION HOLDS: Summary judgment was improperly granted.  We reverse and remand.  DISSENT ASSERTS: I dissent because I agree with the district court’s interpretation of the settlement agreement’s terms; nothing in the contract gave the McNeals a right to dispute the county’s discretion over the determination of what derelict vehicles needed to be removed to the county’s satisfaction.  I would affirm the district court's ruling on summary judgment.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (16 pages)

            Arising from an interpleader action filed by the University of Dubuque, Sharon Fairchild appeals the district court decision concerning the distribution of employee retirement plan benefits of her former spouse, the late Richard E. Cowart Jr.  Robilyn Cowart cross-appeals the district court’s ruling denying her request for attorney fees.  OPINION HOLDS: We affirm the district court on both issues.

            Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge.  AFFIRMED ON BOTH APPEALS, AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            Stephen Tullis appeals the spousal support provision in the parties’ dissolution decree.  Cathy Tullis cross-appeals, asking for an increase in the award of trial attorney fees and for an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s ruling requiring Stephen to pay $800 per month in spousal support.  We also affirm the award of trial attorney fees.  We remand to the trial court to determine Cathy’s appellate fees.

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (17 pages)

            Stone Graham appeals his convictions for assault on a peace officer with a firearm and assault with intent to inflict serious injury.  He contends the court violated his right against double jeopardy when it sentenced him to consecutive sentences on the two convictions.  He also claims evidence was admitted that was not relevant and unduly prejudicial.  OPINION HOLDS: We find the offenses do not merge.  Further, the district court did not abuse its discretion when admitting evidence.  We affirm.  

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Gamble, S.J.  Opinion by Vaitheswaran, P.J. (10 pages)

            Nathan Tesch claims he was denied his right to a speedy trial under the Iowa and federal Constitutions and challenges the relevance and sufficiency of the evidence supporting his theft conviction.  OPINION HOLDS: The State did not violate the speedy-trial provisions of the United States Constitution or the Iowa Constitution.  The clinic office manager’s testimony regarding the replacement value of the safe was also relevant and substantial evidence of the value element of Tesch’s theft conviction.