2022 Archive | Court of Appeals Court Opinions

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

            A husband appeals the district court’s award of temporary spousal support to the wife.  OPINION HOLDS: The district court’s temporary spousal support award failed to do equity, and accordingly, a downward modification of the temporary spousal support award is appropriate.

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

            An applicant appeals the denial of her postconviction-relief application, in which she requested a new trial based on the discovery of new evidence.  OPINION HOLDS: Because the trial court’s findings of fact are supported by substantial evidence and the law was correctly applied, we affirm the district court’s dismissal of the application.

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (7 pages)

            Travis Jordan appeals the denial of his motion to suppress.  OPINION HOLDS: Jordan’s claim fails under the United States and Iowa Constitutions, and the motion to suppress was properly denied.

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            Christopher Thompson appeals the district court’s order denying his application for postconviction relief (PCR).  OPINION HOLDS: Thompson has not shown his trial counsel provided ineffective assistance on his claims before this court.  We affirm the district court’s order denying Thompson’s PCR application.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Schumacher P.J., and Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (9 pages)

            Williams appeals the denial of his post-conviction relief (PCR) application.  OPINION HOLDS: Williams failed to meet his burden to establish that his trial counsel breached an essential duty.  Accordingly, his ineffective assistance of counsel claim fails and his PCR application was properly denied.

            Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (14 pages)

            Erinn Mills appeals the decree dissolving her marriage to Jason Mills.  She argues the district court’s refusal to award her spousal support was inequitable.  OPINION HOLDS: We agree the denial of spousal support was inequitable.  Because the record shows little likelihood that Erinn’s disability will allow her to become self-supporting at a standard of living reasonably comparable to the one enjoyed during the marriage, and Jason has the ability to pay, we find the decree should be modified to provide Erinn with an award of traditional spousal support.  We affirm the dissolution decree as modified and remand. 

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            Wyatt Johnson appeals the dismissal of his second application for postconviction relief (PCR).  He contends the district court was wrong to summarily dismiss his application as time-barred, arguing Schmidt v. State, 909 N.W.2d 778 (Iowa 2018), is a new ground of law that allows him to raise the claim he is actually innocent of the 2009 murder to which he pled guilty outside the three-year statute of limitations for PCR actions.  In the alternative, he argues he received ineffective assistance from his PCR counsel.  OPINION HOLDS: Because Johnson’s claim of actual innocence is not based on a newly discovered fact that could not have been discovered within the three-year statute of limitations, the district court was correct to dismiss his application as time-barred.  Johnson failed to prove he suffered prejudice from PCR counsel’s alleged breach, so his claim of ineffective assistance fails.  We affirm.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (10 pages)

            The applicant appeals summary dismissal of his second application for postconviction relief.  OPINION HOLDS: Dismissal was premature.  The applicant is entitled to an evidentiary hearing on his claims of ineffective assistance of counsel.

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

            Samuel Seidell Jr. appeals the district court’s denial of his application to modify his sex offender registration requirements.  OPINION HOLDS: The court did not consider an improper factor and did not abuse its discretion in denying the application to modify, and we affirm. 

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (6 pages)

            Bruce Crane appeals the district court’s acceptance of the State’s motion to consolidate—and denial of his motion to sever—three sexual abuse and lascivious acts with a minor cases that the State filed against him.  OPINION HOLDS: The district court did not abuse its discretion in consolidating the three cases and denying Crane’s motion to sever. 

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Matthew Garbers appeals his convictions for two counts of possession of a controlled substance with prior offense enhancements.  OPINION HOLDS: Garbers was improperly sentenced on an enhanced possession charge when he was not charged with or found guilty of a charge with such enhancement.  On this matter, the decision of the district court is vacated and remanded.  There was sufficient evidence to support his conviction on the other enhanced possession charge, which we affirm.

            Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Ryan Redenius appeals the support provisions of a temporary order entered during the proceedings to dissolve his marriage to Kara Redenius.  OPINION HOLDS: On our de novo review, we find that Ryan earns about $90,000.00 per year.  On this basis, we affirm the child-support determination.  In light of the parties’ earnings and Kara’s expenses, the award of spousal support is not inequitable and the award of $1000 in Kara’s temporary attorney fees is neither unreasonable nor untenable.  But we decline to award Kara appellate attorney fees.