Filed May 24, 2023
View Opinion No. 21-1854
View Summary for Case No. 21-1854
Appeal from the Iowa District Court for Monona County, Roger L. Sailer, Judge. AFFIRMED. Considered by Bower, C.J., Badding, J., and Potterfield, S.J. Opinion by Badding, J. (9 pages)
Jayme Powell appeals his convictions, claiming (1) “defense counsel had a conflict of interest between being paid for his services and his effective representation”; and (2) the court abused its discretion in denying a mistrial after counsel “clearly informed the court he was providing ineffective representation to his client.” OPINION HOLDS: Because Powell failed to show the alleged conflict adversely affected his attorney’s performance, we reject his conflict-of-interest claim. And we find no abuse of discretion in the court’s denial of his motion for mistrial. We accordingly affirm Powell’s convictions.
Filed May 24, 2023
View Opinion No. 22-0099
View Summary for Case No. 22-0099
Appeal from the Iowa District Court for Johnson County, Justin Lightfoot, Judge. AFFIRMED. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Danilson, S.J. (5 pages)
Robin Alejandro Castillo Fuentes appeals his conviction for child endangerment. OPINION HOLDS: Viewing the record in the light most favorable to the State, substantial evidence supports Castillo Fuentes’ conviction. Accordingly, we affirm.
Filed May 24, 2023
View Opinion No. 22-0103
View Summary for Case No. 22-0103
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Danilson, S.J. (7 pages)
Michael Roberson Jr. appeals his convictions for second-degree kidnapping while armed with a dangerous weapon and domestic abuse assault, third or subsequent offense, with an habitual offender status. He challenges the sufficiency of the evidence to support these convictions. OPINION HOLDS: We affirm in part, vacate in part, and remand to the district court for dismissal of the domestic abuse assault charge.
Filed May 24, 2023
View Opinion No. 22-0421
View Summary for Case No. 22-0421
Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Opinion by Vaitheswaran, P.J. (5 pages)
Melton Carter appeals his conviction for possession of marijuana, third violation, as an habitual offender. Carter challenges the court’s denial of his second motion to suppress. OPINION HOLDS: We affirm Carter’s judgment and sentence.
Filed May 24, 2023
View Opinion No. 22-0519
View Summary for Case No. 22-0519
Appeal from the Iowa District Court for Boone County, Christopher C. Polking (motion for in camera review) and Jennifer Miller (motion in limine and trial), Judges. AFFIRMED. Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J.* Opinion by Ahlers, P.J. (19 pages)
Trever Howland appeals following his convictions for three counts of second-degree sexual abuse, raising several claims. OPINION HOLDS: Howland’s convictions are supported by sufficient evidence. The district court did not abuse its discretion by denying a motion to conduct an in camera review of the complaining witness’s mental-health records. The State’s expert witness did not vouch for the complaining witness’s credibility. While the district court erred in admitting hearsay testimony, reversal is not required because the testimony was duplicative of properly admitted testimony. The court did not abuse its discretion in denying a motion for mistrial. And Howland failed to preserve or waived his remaining claims on appeal.
Filed May 24, 2023
View Opinion No. 22-0523
View Summary for Case No. 22-0523
Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge. AFFIRMED. Considered by Tabor, P.J., Greer, J., and Scott, S.J. Opinion by Tabor, P.J. (7 pages)
Kelly Sand appeals the denial of his application for postconviction relief. He contends plea counsel was ineffective for not informing him of the “silent mandatory sentence” for the completion of sex offender treatment while in custody of the Iowa Department of Corrections. OPINION HOLDS: Finding parole eligibility is not a direct consequence of Sand’s guilty pleas, we reject the claim and affirm the denial of relief.
Filed May 24, 2023
View Opinion No. 22-0524
View Summary for Case No. 22-0524
Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Opinion by Greer, J. (10 pages)
Zachary Lindauer appeals from his conviction for sexual abuse in the third degree. He argues the district court erred in denying his request to admit the deposition testimony of a witness who failed to show up at trial because the witness was unavailable under Iowa Rule of Evidence 5.804. OPINION HOLDS: Even if the witness was unavailable, the district court’s denial of the admission of the irrelevant evidence was not improper. Alternatively, if the district court erred in denying Lindauer’s request, any error was harmless. We affirm Lindauer’s conviction.
Filed May 24, 2023
View Opinion No. 22-0540
View Summary for Case No. 22-0540
Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Schumacher, J., and Doyle, S.J. Opinion by Doyle, S.J. (7 pages)
Jesse McElroy appeals the sentence imposed after pleading guilty to operating while intoxicated, third or subsequent offense. OPINION HOLDS: The sentencing court provided sufficient reasoning for exercising its discretion in imposing the habitual offender sentencing enhancement as the reasons for exercise of its discretion are obvious in light of the court’s statement and the record before the court. Finding no abuse of discretion, we affirm.
Filed May 24, 2023
View Opinion No. 22-0584
View Summary for Case No. 22-0584
Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ. Opinion by Vaitheswaran, P.J. (6 pages)
Julie Becker appeals the district court’s denial of her petition for writ of certiorari regarding an exception to a zoning ordinance authorized by the Dallas Center Board of Adjustment, arguing (1) the board lacked authority to grant the exception and (2) the board erred in concluding there was sufficient parking available to accommodate commercial activities. OPINION HOLDS: We conclude the district court did not err in concluding the board had authority to grant an exception and substantial evidence supports the board’s finding that adequate parking was available.
Filed May 24, 2023
View Opinion No. 22-0699
View Summary for Case No. 22-0699
Appeal from the Iowa District Court for Warren County, Terry R. Rickers, Judge. REVERSED AND REMANDED. Heard by Bower, C.J., and Tabor and Greer, JJ. Opinion by Greer, J. (11 pages)
Following a trial to the bench, Dana Kirgan appeals her convictions for intimidation with a dangerous weapon and going armed with intent. She challenges each conviction, arguing it is not supported by substantial evidence. OPINION HOLDS: Because there was insufficient evidence to convict Kirgan of intimidation with a dangerous weapon, we reverse that conviction. A reasonable factfinder could find evidence to convict Kirgan of going armed with intent but, because the district court applied the wrong standard in reaching its decision, we reverse Kirgan’s conviction and remand to the district court for new findings and conclusions as to that charge on the existing record.
Filed May 24, 2023
View Opinion No. 22-0827
View Summary for Case No. 22-0827
Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Bower, C.J. (14 pages)
Matthew Davis appeals his convictions and the sentences imposed for two counts of third-degree sexual abuse and two counts of incest. He contends the trial court abused its discretion in overruling his objection to allowing his wife, Patti, to testify about having been sexually abused as a child. He maintains the verdicts are not supported by sufficient evidence and are contrary to the weight of the evidence. Davis also asserts the court abused its discretion in imposing consecutive sentences. OPINION HOLDS: The court did not abuse its discretion in ruling on the admissibility of the evidence. There is substantial evidence to support the convictions. This is not the extraordinary case in which the evidence preponderates heavily against the verdicts. And the court did not abuse its discretion in imposing consecutive sentences. We thus affirm.
Filed May 24, 2023
View Opinion No. 22-0904
View Summary for Case No. 22-0904
Appeal from the Iowa District Court for Adams County, Patrick W. Greenwood, Judge. AFFIRMED. Considered by Ahlers, P.J., Chicchelly, J., and Blane, S.J. Opinion by Blane, S.J. (6 pages)
The defendant appeals his conviction for operating while under the influence (OWI), third offense, in violation of Iowa Code section 321J.2(2)(c) (2020). He contends there is insufficient evidence that he was under the influence of alcohol or a drug. OPINION HOLDS: We find the jury had sufficient evidence to reach the conviction, so we affirm.