2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Carrie J. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Badding, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            A mother and father separately appeal termination of their parental rights.  OPINION HOLDS: We affirm termination.  The parents have significant, unresolved substance-abuse and mental-health needs, and the teenager also prefers termination of their rights.  Termination of their rights is in her best interests, and a statutory exception cannot be applied to prevent it.  We affirm on both appeals. 

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Parents of two young girls appeal the termination of their parental rights, arguing the statutory grounds, best interests, and a statutory exception.  OPINION HOLDS: We find the statutory grounds for termination are supported by clear and convincing evidence, it is in the children’s best interests to terminate parental rights, and no statutory exception applies to prevent termination.  We affirm. 

            Appeal from the Iowa District Court for Clinton County, Kimberly Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (9 pages)

            A father appeals the termination of his parental rights.  He asserts there is a lack of clear and convincing evidence to support a statutory ground for termination.  He also argues termination is not in the best interests of the child and a permissive exception should preclude termination. OPINION HOLDS: We conclude a statutory ground for termination is supported by clear and convincing evidence, termination is in the best interests of the child, and the application of a permissive exception is not warranted.  As a result, we affirm termination of the father’s parental rights.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (5 pages)

            A mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (12 pages)

            Zachariah Sidney challenges his convictions on five counts of sexual abuse in the third degree.  OPINION HOLDS: We do not reach the merits of Sidney’s claims about the court declaring a mistrial because Sidney failed to move for a mistrial before the second trial began; we find no error in the challenged jury instruction; and the district court did not abuse its discretion in denying Sidney’s motion for new trial because we, like the district court, find M.S.’s testimony credible.  We affirm.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  CONVICTION AFFIRMED, AND SENTENCE AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J. (10 pages)

            A jury acquitted Lasondra Johnson of first-degree murder but found her guilty of the lesser-included offense of assault causing a serious injury.  Johnson contends that insufficient evidence supports two of the instructions addressing her justification defense.  She argues that the facts do not support giving either instruction because the evidence did not show she was engaged in an assault when she shot the decedent.  Johnson next challenges the order requiring her to pay $150,000 in victim restitution under Iowa Code section 910.3B(1) (2020).  Finally, Johnson contends the district court abused its discretion in sentencing her to a five-year prison sentence.  OPINION HOLDS: Because a reasonable mind could conclude Johnson was engaged in an assault when she fired her gun, the court did not err in giving challenged instructions.  A jury must find the defendant caused the death of another before the court can impose restitution under section 910.3B.  No such finding was made here, so the restitution award must be vacated.  Because the sentencing court properly exercised its sentencing discretion and did not rely on an improper factor in imposing sentence, we affirm Johnson’s sentence.

            Appeal from the Iowa District Court for Clay County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Heard by Bower, C.J., Greer, Ahlers, Badding, and Chicchelly, JJ, and Mullins, S.J.  Opinion by Greer, J.  (18 pages)

            Jaykie Harrington challenges his convictions for possession with intent to manufacture or deliver a controlled substance; child endangerment; failure to affix drug tax stamp; possession of a controlled substance, third or subsequent offense; and domestic abuse assault, second offense on prosecutorial-misconduct, right-against-self-incrimination, insufficient-evidence, and hearsay grounds.  OPINION HOLDS: Because we find no prejudice resulting from prosecutorial misconduct, no implication of the right against self-incrimination, substantial evidence supports the jury’s verdicts, and no harm from the admission of the hearsay evidence, we affirm.

       Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

       Defendant appeals his consecutive sentences for robbery in the first degree and burglary in the first degree.  OPINION HOLDS: We conclude the district court considered an improper factor when formulating Oliver’s sentences, specifically parole board practices in relation to Oliver’s mandatory minimum sentence.  We vacate Oliver’s sentences and remand for resentencing.  And because we are remanding for resentencing, we do not address Oliver’s argument related to the imposition of consecutive sentences.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Badding, J. (11 pages)

            Brian Duque appeals his conviction for voluntary manslaughter.  In relation to Duque’s justification defense, because the district court did not instruct the jury on the presumption of a reasonable belief that deadly force is necessary that is included in Iowa Code section 704.2A(1) (2019), he asks for the overruling of case law that commands that unobjected to jury instructions serve as the law of the case for purposes of reviewing the sufficiency of the evidence.  Beyond that, he argues the evidence was insufficient to establish his shooting of the victim was not justified and that he intentionally shot the victim.  OPINION HOLDS: We decline Duque’s invitation to overrule controlling supreme court precedent and find the evidence sufficient to support the conviction. 

            Appeal from the Iowa District Court for Keokuk County, Lucy J. Gamon, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (12 pages)

            Thomas Gent appeals the district court’s adverse grant of summary judgment to Shirley Gent.  OPINION HOLDS: Thomas cannot recover for breach of contract based on an implied term in the option provision because that option provision merged with the deed, and he also cannot recover under his claim for unjust enrichment because there is an express agreement between the parties on that subject matter.  We affirm.

            Appeal from the Iowa District Court for Bremer County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (16 pages)

            Zachariah Sidney appeals his conviction for second-degree sexual abuse on sufficiency-of-the-evidence, prior-bad-acts, and hearsay grounds.  OPINION HOLDS: Because the use of force was part of one continuous series of acts, the evidence of prior sexual abuse was admissible under the special exception for sexual abuse cases, and Sidney failed to preserve error on the hearsay issue, we affirm Sidney’s conviction.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Hunter Casto appeals his sentence following his conviction for second-degree sexual abuse.  He argues the district court was not aware it had the discretion to suspend a special sentence and failed to provide adequate reasoning for imposing the selected sentence.  OPINION HOLDS: The district court had the discretion to suspend the special sentence because Casto was under the age of eighteen at the time of the offense.  The district court did not know it had the ability to suspend the special sentence.  Because the district was unaware of this discretion, resentencing is necessary.  With respect to the remainder of the sentence, the district court relied on boilerplate sentencing statements and failed to provide individualized sentencing rationale, also necessitating resentencing.  We vacate Casto’s sentence and remand for resentencing.