Filed Jul 26, 2023
View Opinion No. 21-1408
View Summary for Case No. 21-1408
Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge. AFFIRMED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Schumacher, P.J. (13 pages)
Mubarak Mubarak appeals the district court decision denying his application for postconviction relief following his conviction for first-degree robbery. He claims he received ineffective assistance because defense counsel failed to (1) file a motion to suppress to challenge the identification process; (2) file a motion to suppress to challenge the pat-down search; (3) more fully investigate the case, including calling a specific witness; (4) object to the prosecution’s theme during opening statements; and (5) challenge the makeup of the jury because it did not contain an adequate proportion of African-Americans. OPINION HOLDS: We conclude Mubarak has not shown he received ineffective assistance, and we affirm the decision of the district court.
Filed Jul 26, 2023
View Opinion No. 21-1612
View Summary for Case No. 21-1612
Appeal from the Iowa District Court for Benton County, Justin A. Lightfoot, Judge. AFFIRMED. Heard by Bower, C.J., and Tabor and Greer, JJ. Opinion by Tabor, J. (29 pages)
Kyle Mall appeals his convictions of two counts each of second-degree sexual abuse, lascivious acts with a child, and assault with intent to commit sexual abuse. He argues his trial was erroneous in six ways and that the issues resulted in cumulative error. OPINION HOLDS: Finding no abuse of discretion or legal error and consequently no cumulative error, we affirm.
Filed Jul 26, 2023
View Opinion No. 21-1718
View Summary for Case No. 21-1718
Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge. AFFIRMED. Heard by Ahlers, P.J., Badding, J., and Mullins, S.J. Opinion by Badding, J. (20 pages)
Todd Jenkins appeals his convictions for first-degree murder and going armed with intent, challenging the sufficiency of evidence supporting each conviction and arguing the district court abused its discretion in denying his motion for a new trial on weight-of-the-evidence grounds. OPINION HOLDS: We affirm, finding the evidence was sufficient to support the convictions and the court did not abuse its discretion in denying the motion for a new trial.
Filed Jul 26, 2023
View Opinion No. 21-1879
View Summary for Case No. 21-1879
Appeal from the Iowa District Court for Scott County, Meghan K. Corbin, Judge. AFFIRMED AND REMANDED. Heard by Bower, C.J., and Tabor and Greer, JJ. Opinion by Tabor, J. (15 pages)
A defendant appeals her convictions for second-degree theft, third-degree burglary, and conspiracy to commit a non-forcible felony. She contends they aren’t supported by sufficient evidence. OPINION HOLDS: Because we find substantial evidence supports all three of her convictions, we affirm. But we note an error in the defendant’s sentence and remand for entry of a new judgment order.
Filed Jul 26, 2023
View Opinion No. 21-2010
View Summary for Case No. 21-2010
Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Greer, J. (9 pages)
Robert Kimbrough appeals his convictions for second-degree harassment (count I); domestic abuse assault (count II); and domestic abuse assault, third offense (count III). He argues he was denied his constitutional right to a jury drawn from a fair cross section of the community, the court wrongly allowed evidence of his prior bad acts into evidence, and the court should have combined convictions in count II and count III. OPINION HOLDS: Kimbrough did not establish a prima facie violation of his right to a jury drawn from a fair cross section of the community and, in fact, his focus on run-of-the-mill jury practices cannot be the basis for a successful fair-cross-section claim under Sixth Amendment analysis. The district court did not abuse its discretion in admitting evidence of the prior assault against Kimbrough’s fiancée, and Kimbrough failed to object to the way the prosecutor used the evidence during closing argument. Finally, we are not at liberty to overturn supreme court precedent; we do not otherwise consider Kimbrough’s claim two of his convictions should be combined.
Filed Jul 26, 2023
View Opinion No. 22-0104
View Summary for Case No. 22-0104
Appeal from the Iowa District Court for Linn County, Paul D. Miller and Ian K. Thornhill, Judges. AFFIRMED. Considered by Ahlers, P.J., Buller, J., and Danilson, S.J. Opinion by Danilson, S.J. (10 pages)
Darryl Tyson appeals the denial of his second application for postconviction relief, challenging the court’s ruling on his motion for DNA testing. OPINION HOLDS: Upon our review, we affirm the denial of Tyson’s request for DNA retesting and the dismissal of his second application for postconviction relief.
Filed Jul 26, 2023
View Opinion No. 22-0124
View Summary for Case No. 22-0124
Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge. AFFIRMED. Considered by Schumacher, P.J., and Ahlers and Buller, JJ. Opinion by Ahlers, J. (6 pages)
Laverne Lambert appeals the district court’s denial of his motion to set aside default judgment. OPINION HOLDS: The district court did not abuse its discretion in denying the motion to set aside.
Filed Jul 26, 2023
View Opinion No. 22-0707
View Summary for Case No. 22-0707
Appeal from the Iowa District Court for Buchanan County, Laura Parrish, Judge. AFFIRMED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (7 pages)
Joshua Jarrett appeals the district court’s denial of his application for postconviction relief, contending his trial counsel was ineffective in failing to properly “impeach the testimony of the complaining witness.” OPINION HOLDS: We affirm the court’s denial of Jarrett’s motion for summary disposition on this claim and the denial of his application for postconviction relief.
Filed Jul 26, 2023
View Opinion No. 22-0832
View Summary for Case No. 22-0832
Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge. AFFIRMED. Heard by Ahlers, P.J., Badding, J., and Mullins, S.J. Opinion by Mullins, S.J. (25 pages)
Jermaine Miller appeals his convictions—following a bench trial—for first-degree robbery, conspiracy to commit a forcible felony, first-degree theft, going armed with intent, assault while participating in a felony, and assault while displaying a dangerous weapon. He challenges the sufficiency of the evidence supporting each conviction, argues the court erred in overruling his objection to the admission of his seized clothing as evidence, and claims the court abused its discretion in denying his motion for a new trial “on the ground that he did not receive a fair trial.” OPINION HOLDS: We affirm Miller’s convictions.
Filed Jul 26, 2023
View Opinion No. 22-0855
View Summary for Case No. 22-0855
Appeal from the Iowa District Court for Butler County, DeDra L. Schroeder, Judge. AFFIRMED. Considered by Bower, C.J., Badding, J., and Carr, S.J. Opinion by Carr, S.J. (6 pages)
Larry Howard appeals from his civil commitment as a sexually violent predator under Iowa Code chapter 229A (2022). He argues on appeal that the State did not prove he was a sexually violent predator under the chapter, namely being a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality that makes the person likely to engage in predatory acts constituting sexually violent offenses, if not confined in a secure facility. OPINION HOLDS: On review, we affirm the district court, finding sufficient evidence to support its findings.
Filed Jul 26, 2023
View Opinion No. 22-0895
View Summary for Case No. 22-0895
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Buller, J. (14 pages)
A pro se plaintiff, Charles Allen Richards, appeals from a ruling granting summary judgment to municipal police officers, their employing agencies, and their parent municipalities. OPINION HOLDS: None of Richards’s claims establish reversible error, and we affirm.
Filed Jul 26, 2023
View Opinion No. 22-1105
View Summary for Case No. 22-1105
Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (8 pages)
Leslie (Les) Earl Carter appeals the economic provisions of the decree dissolving his marriage to Barbara Ann Carter. He requests that we either reverse the spousal support award entirely or, in the alternative, substantially reduce it. Les also contends the district court inequitably divided the value of a home he purchased during the couple’s separation. OPINION HOLDS: Upon our de novo review, we find the district court’s order is equitable with regard to both spousal support and property distribution.