April 2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for O’Brien County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Blane, S.J.  Buller, J. and Carr, S.J., takes no part.  Opinion by Blane, S.J.  (11 pages)

            Allison Brown appeals the district court’s denial of her application for postconviction relief.  She claims her trial counsel provided ineffective assistance in failing to (1) inform Brown of the potential sentences she could receive on the charges set out in the trial information, (2) investigate her mental-health and substance-abuse history, (3) request a competency evaluation, and (4) obtain a psychosexual examination for mitigation purposes.  OPINION HOLDS: Brown failed to establish trial counsel was incompetent and failed to establish prejudice.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Onterier Brown appeals the denial of his application for postconviction relief (PCR).  As he did to the PCR court, Brown claims appellate counsel provided ineffective assistance by not raising the issue of whether the district court was wrong to overrule trial counsel’s objection to alleged improper burden shifting by the prosecutor during closing argument.  OPINION HOLDS: We cannot say appellate counsel would have obtained a favorable ruling if she raised the burden-shifting issue on appeal.  So, she had no duty to do so, and Brown’s claim of ineffective assistance fails.  We affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Badding, J., and Doyle, S.J.* Opinion by Badding, J. (18 pages)

            Phillip Koromah appeals his conviction for first-degree murder, challenging the sufficiency of the evidence, prosecutorial misconduct or error, and the alleged strike of a potential juror based on race. OPINION HOLDS: We affirm, concluding there was sufficient evidence to prove the killing was intentional, Koromah was not prejudiced by any alleged misconduct or error, and the State offered a legitimate race-neutral reason for the potential juror strike.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Ashley Rathjen appeals the denial of her application for postconviction relief, contending her trial counsel was ineffective in communicating the plea agreement and in failing to file a motion in arrest of judgment.  OPINION HOLDS: On our de novo review, we conclude Rathjen failed to establish deficient performance by either of her plea attorneys or prejudice.  We affirm the denial of her postconviction-relief application.

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.  Heard by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Bower, C.J.  (13 pages)

            Jessica Agan appeals her convictions for neglect of a dependent person and child endangerment resulting in serious injury, challenging the sufficiency of the evidence for each offense and asserting the district court abused its discretion when ruling on her motion for new trial.  OPINION HOLDS: We reverse her child-endangerment conviction, affirm her conviction for neglect of a dependent person, affirm the district court’s ruling on the motion for new trial, and remand for resentencing.

            Appeal from the Iowa District Court for Lee (South) County, Mark Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            David Bloomer appeals the indeterminate prison sentence not to exceed ten years imposed after his plea of guilty to burglary in the second degree.  OPINION HOLDS: The district court did not abuse its discretion in imposing a sentence of prison time instead of probation.  We affirm Bloomer’s sentence.

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.  AFFIRMED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (8 pages)

            Donald Wittenberg appeals the district court’s denial of his motion to suppress following his conviction of operating while intoxicated, third offense, in violation of Iowa Code section 321J.2(2)(c) (2021).  OPINION HOLDS: Based on the totality of the circumstances, we do not find Wittenberg was seized and affirm the district court’s denial of his motion to suppress.

            Appeal from the Iowa District Court for Keokuk County, Joel D. Yates, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            Jason Sines appeals the sentence imposed following a plea agreement.  He contends the court failed to state reasons for the sentence it imposed.  OPINION HOLDS: We determine Sines has not established good cause to appeal.  As a result, we dismiss the appeal.

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

            After being granted discretionary review, a child challenges a juvenile court order granting restitution for his delinquent act following entry of a consent decree.  He claims trial counsel was ineffective for failing to challenge the causal connection between his act and the restitution ordered.  OPINION HOLDS: We affirm, concluding the child suffered no prejudice from counsel’s alleged breaches of duty.  

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (15 pages)

            The recipient of a tax sale deed appeals a district court ruling in its forcible-entry-and-detainer action finding the party in possession had a right to redeem under Iowa Code section 447.7 (2021) due to a “legal disability.”  On our own review, we observe questions about the finality of the court’s ruling and the code year the parties and the court used to analyze the right to redeem.  OPINION HOLDS: After concluding the court’s ruling was final and applying the correct version of the statute in our de novo review of the record, we conclude the party in possession was not entitled to redemption.  As a result, we reverse and remand with directions.

            Appeal from the Iowa District Court for Dickinson County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Walter Norem appeals the denial of his application for postconviction relief.  He claims his criminal trial counsel was ineffective for failing to present the jury with a “framed-for-financial-benefit” theory and appellate counsel was ineffective for failing to file a timely application for further review.  OPINION HOLDS: Trial counsel was not ineffective for deciding against presenting the framed-for-financial-benefit theory.  Norem cannot establish any resulting prejudice from appellate counsel’s failure to file a timely application for further review.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

After he violated the terms of his probation, the district court revoked Robert Storm’s deferred judgment and imposed the two-year term of incarceration for his attempted-burglary conviction.  Storm appeals, arguing the district court “did not adequately consider [his] mental health issues” and that “keeping [him] on probation and supervising him was a more appropriate and effective way to address” his probation violations.  OPINION HOLDS: Because the district court chose an option properly before it and Storm has not shown the court abused its discretion in reaching its decision, we affirm.