2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Harrison County, Greg W. Steensland, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J. (11 pages)

            A criminal defendant appeals his first-degree murder conviction, asserting the State’s evidence at trial was insufficient to overcome his alleged justification and intoxication.  OPINION HOLDS: Because the State offered substantial evidence of the defendant’s guilt despite the defendant’s proffered defenses, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (14 pages)

            A former wife argues that the trial court failed to include in the calculation of marital assets the former husband’s “cash bankroll” he kept in the house safe for gambling purposes; that the court failed to find the husband dissipated assets after the wife filed the dissolution petition by his continued gambling as well as excessive spending as shown by his credit card use; and that the court failed to award the wife transitional spousal support.  OPINION HOLDS: We affirm the district court as to the “cash bankroll,” dissipation of assets by excessive credit card spending, and denial of transitional spousal support, but we modify the decree as to the dissipation of assets by the husband’s gambling.  We deny the husband’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Tabor, P.J.  (10 pages)

            A jury convicted Brett Gilden of willful injury causing bodily injury, going armed with intent, and assault while displaying a dangerous weapon.  The district court denied his application for postconviction relief (PCR).  On appeal, he contends the PCR court should have found that his trial attorney was ineffective by (1) allowing the jury to hear that he served time in jail and (2) not requesting a jury instruction to clarify when justification was an available defense.  He also seeks a retrial based on newly discovered evidence that the stabbing victim partially recanted his trial testimony.  OPINION HOLDS: On the ineffective-assistance-of-counsel claims, Gilden falls short in proving prejudice stemming from his trial attorney’s inaction.  As for his claim of newly discovered evidence, we share the PCR court’s view that the recantation was neither credible nor persuasive.  Thus, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge.  WRIT ANNULLED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (8 pages)

            A criminal defendant petitions for a writ of certiorari surrounding his simple misdemeanor conviction.  OPINION HOLDS: We find that, on the peculiar facts of this record, we need not answer whether the defendant was entitled to a simple-misdemeanor jury trial, and we annul the writ of certiorari because the district judge did not act illegally when adjudicating the simple misdemeanor.

            Appeal from the Iowa District Court for Adair County, Stacy Ritchie, Judge.  CONVICTION AND SENTENCE CONDITIONALLY AFFIRMED, RULING VACATED AND REMANDED.  Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Stephen Johnson Wilson appeals his conviction of disarming a peace officer, arguing the evidence is insufficient and the conviction is contrary to the weight of the evidence.  OPINION HOLDS: Because substantial evidence supports the verdict, we affirm conditionally.  But because the trial court applied the incorrect standard in ruling on his motion for new trial, we reverse and remand for the trial court to consider the motion applying the correct standard.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Jonathan Johnson appeals after pleading guilty to stalking and criminal mischief in the third degree.  He argues the State breached the plea agreement by recommending a harsher sentence than that provided in the agreement.  OPINION HOLDS: Because the plea agreement allowed the State to withdraw upon reasonable cause to believe Johnson violated a court order, and because the State provided proof of such violations, the State did not breach the plea agreement when it recommended a harsher sentence. 

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Heard by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Badding, J.  (14 pages)

            Christopher King appeals the denial of his application for postconviction relief from his convictions for various sex crimes.  King contends the district court erred in rejecting his claims that trial counsel was ineffective for (1) failing to renew a motion for change of venue; (2) failing “to preserve error when his motion[s] to strike problematic jurors were wrongly denied,” and (3) eliciting inadmissible vouching testimony.  OPINION HOLDS: We affirm the denial of King’s application for postconviction relief, concluding he failed to meet his burden to prove ineffective assistance of counsel.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (6 pages)

            Quantrell McDaniel appeals the denial of his application for postconviction relief, arguing the district court erred in denying his claim of ineffective assistance of trial counsel.  OPINION HOLDS: We agree with the district court that McDaniel did not prove his attorneys breached an essential duty and therefore affirm. 

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge. AFFIRMED.  Considered by Bower, C.J., and Greer and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Jeffery Wanninger appeals his convictions for sexual abuse in the second degree and sexual abuse in the third degree, arguing the convictions were not supported by sufficient evidence.  OPINION HOLDS: Because substantial evidence exists to support Wanninger’s convictions, we affirm.

            Appeal from the Iowa District Court for O'Brien County, Don E. Courtney, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A defendant appeals his conviction for second-degree theft for taking a motor vehicle, contending that he did not intend to permanently deprive the owner of the vehicle.  OPINION HOLDS: Because the State did not prove that element beyond a reasonable doubt, we reverse the defendant’s theft conviction and remand for entry of judgment of acquittal. 

            Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  Dissent by Buller, J.  (21 pages)

            Albert Cruz appeals the invalidation of a quitclaim deed from Janice Geerdes because of undue influence and lack of mental capacity to execute the deed.  OPINION HOLDS: Considering the heightened mental capacity required for an inter vivos transfer and the record as a whole—especially Geerdes’s mental state in the months before and after signing the deed—we agree the conservator carried her burden to prove Geerdes lacked the mental capacity to execute the deed.  DISSENT ASSERTS: Based on my review of the record and precedent, I cannot join the majority in finding the district court’s mental-capacity analysis is supported by clear and convincing evidence such that we can invalidate Geerdes’s property rights.  I would instead reverse the district court.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Langholz, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (16 pages)

            The Estate of Sabrina Harris, Willie Harris, and Breanna Harris appeal the district court striking one of their expert witnesses and granting summary judgment and dismissing their claims against Select Specialty Hospital–Quad Cities, Inc., Select Specialty Hospital–Eastern Iowa, Inc., and Select Medical Corporation.  OPINION HOLDS: Finding the Harrises failed to establish a prima facie case of medical negligence, we affirm.