2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Odell G. McGhee II, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            Tyre Brown appeals his conviction for carrying weapons, challenging the denial of his motion to suppress evidence.  Brown contends the stopping officer improperly extended the seizure of the vehicle he was a passenger in and the gun found on his side of the vehicle should be suppressed.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A criminal defendant appeals his convictions for domestic abuse assault causing bodily injury and assault causing serious injury.  OPINION HOLDS: We affirm, finding no reversible error is properly before us and recognizing overwhelming evidence of Simpson’s guilt.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED AND REMANDED WITH INSTRUCTIONS.  Considered by Ahlers, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            Jake Skahill appeals his convictions for second-degree sexual abuse, in violation of Iowa Code section 709.3(1)(b) (2018); lascivious acts with a child, in violation of section 709.8(1)(a); and enticing a minor, in violation of section 710.10(1).  Skahill asserts the court erred in denying his motion to disqualify the presiding judge and in imposing consecutive sentences without adequate reasons.  OPINION HOLDS: Skahill has not shown that the district court abused its discretion by denying his recusal motion.  However, we cannot say Skahill’s successful appeal played no part in the court’s imposition of a harsher sentence.  We confirm the convictions, vacate the sentence, and remand for resentencing before a different judge. 

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  Langholz, J., takes no part. (14 pages)

            Steve Asmussen appeals the decision of the district court that affirmed the imposition of a fine by the Iowa Racing and Gaming Commission (IRGC) for the presence of a prohibited substance in a horse.  OPINION HOLDS: We find no violation of Asmussen’s substantive due process rights.  We conclude Asmussen failed to show the IRGC failed to properly apply its own rules or that the agency’s decision was not supported by substantial evidence.  We affirm the district court’s decision.

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            Donald and Courtney Thomas (the Thomases) bought a home from Terence Kempf Jr. and, after experiencing a number of issues with the home, the Thomases brought suit against Kempf.  A jury found Kempf liable and awarded the Thomases $41,695 in damages.  On appeal, Kempf argues the Thomases did not provide sufficient proof of the damages to support the amount of the jury’s award and the Thomases’ duty to mitigate.  OPINION HOLDS: Because the jury’s award of damages was reasonable and within the range of evidence, the district court neither erred nor abused its discretion in denying Kempf’s motions attacking the award.  And we do not reach the merits of Kempf’s argument about the Thomases’ duty to mitigate, as it is not preserved for our review. 

            Appeal from the Iowa District Court for Boone County, John J. Haney, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Brent Fischer appeals his convictions for six counts of second-degree sexual abuse.  He challenges the sufficiency of the evidence and the admissibility of certain evidence.  OPINION HOLDS: The State presented sufficient evidence supporting Fischer’s convictions.  The district court did not abuse its discretion by admitting photos showing the complaining witness at the age she was at the time of the abuse.  The district court also did not abuse its discretion by permitting an expert to testify about common misunderstandings about how children respond to and report sexual abuse.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (18 pages)

            Ralpheal Williams appeals his conviction for robbery in the first degree.  He contends there was insufficient evidence to convict.  He also contends that the district court erred in giving a jury instruction and abused its discretion in denying his motion for new trial based on inaccurate statements of law in the State’s closing argument.  Finally, he contends the sentencing court abused its discretion by failing to state reasons for imposing a seventy percent mandatory minimum.  OPINION HOLDS: We find substantial evidence supports the challenged elements.  We need not address the constitutionality of the general-verdict statute.  But we find that the district court erred in giving a misleading jury instruction, and the record does not affirmatively establish that Ralpheal was not prejudiced by that error.  So we reverse and remand for new trial, and do not reach the remaining issues.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            After his application for postconviction relief was granted, Antowyne Osborne Sr. appeals, challenging the remedy ordered by the district court.  OPINION HOLDS: Because there is a possibility of establishing a factual basis on remand, we agree with the district court that the appropriate remedy following the grant of Osborne’s application for postconviction relief is to give the State a chance to supplement the record to establish a factual basis.

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (10 pages)

            Vahid Aria appeals the dismissal of his application for postconviction relief (PCR) following revocation of his deferred judgment and resentencing on a forgery charge and sentencing on his guilty plea to possession of methamphetamine.  He maintains dismissal was improper because the PCR court did not comply with statutory notice requirements under Iowa Code section 822.6(2) (2022).  Aria also argues a Double Jeopardy Clause violation in his resentencing because he did not receive credit for the days he was on probation and parole.  OPINION HOLDS: The PCR court complied with relevant procedure and there were no other notice requirements.  Aria’s resentencing did not violate the Double Jeopardy Clause as his sentences do not impose punishment greater than intended by the legislature.  So we find no merit in Aria’s “day for day probationary and parole credit” argument.  Finding no error in the dismissal of Aria’s PCR application, we affirm.

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, District Associate Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J. (13 pages)

            Alfred Wiles appeals the consecutive sentences imposed following revocation of his deferred judgment for possession of marijuana, first offense, and conviction for domestic abuse assault impeding air or blood flow.  OPINION HOLDS: We reject all of Wiles’s sentencing challenges except his claim that the court imposed illegal sentences.  We therefore vacate the sentence imposed upon the domestic charge and remand for resentencing.  We also reverse the revocation of the deferred judgment, adjudication of guilt, and sentence imposed for the possession charge and remand for reconsideration within the range of choices provided in Iowa Code section 908.11(4) (2022).

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J. (5 pages)

            Calvin Crawford challenges the sufficiency of the evidence supporting his conviction for operating while intoxicated.  OPINION HOLDS: The State provided sufficient evidence to establish that Crawford was intoxicated when he operated a vehicle.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (2 pages)

            Calvonta Stallings appeals his convictions for first-degree robbery, challenging the admissibility of certain evidence.  OPINION HOLDS: Stallings failed to preserve error on all of his evidentiary challenges.  He waived any challenge to the sufficiency of evidence by failing to develop any supporting argument.