2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Carr, S.J.  Tabor, J., takes no part.  Opinion by Carr, S.J.  (8 pages)

            Duane Yates appeals the district court’s ruling that his current application for postconviction relief (PCR) is untimely.  OPINION HOLDS: Yates claims a new three-year time period for filing PCR actions began when he was resentenced.  We determine the three-year statute of limitations in Iowa Code section 822.3 (2004) did not begin anew when Yates was resentenced in 2015.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Marion County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

            Jason Carter appeals the order granting summary judgment and dismissing an equitable action to vacate the final judgment entered in a separate action.  OPINION HOLDS: I. The district court properly exercised its discretion in denying Jason’s motion to conduct limited discovery.  II. Jason failed to prove the defendants obtained the judgment in the wrongful-death action by extrinsic fraud.  He is either collaterally estopped from relitigating his claim of newly discovered evidence, or it fails on the merits for the reasons stated in Carter v. Carter, 957 N.W.2d 623, 646 (Iowa 2021).  We therefore affirm the grant of summary judgment.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (17 pages)

            A jury convicted Lawrence Canady III of voluntary manslaughter, willful injury causing bodily injury, and assault causing bodily injury.  Canady challenges some of the district court’s evidentiary ruling and argues there is insufficient evidence to support his conviction for voluntary manslaughter.  Canady also challenges his sentences.  OPINION HOLDS: Because the district court abused its discretion in admitting the rap video and the Snapchat picture, we reverse Canady’s convictions.  As substantial evidence supports Canady’s conviction for voluntary manslaughter, he can be retried on that, as well as willful injury causing bodily injury and assault causing bodily injury.  Because we reverse Canady’s convictions, we do not reach his sentencing challenge. 

            Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (5 pages)

            Shannah Bankson appeals the denial of her motion to suppress and subsequent conviction.  OPINION HOLDS: Because Bankson consented to the search without limitation, we affirm the denial of Bankson’s motion to suppress and her conviction. 

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (12 pages)

            Cassidy Young appeals following his Alford pleas to two counts of lascivious acts with a child.  Young asserts the post-plea competency assessment and the presentencing investigation, neither of which was conducted in-person, deprived him of due process.  He also contends the court erred in denying his motion in arrest of judgment based on newly discovered evidence.  OPINION HOLDS: Even assuming Young has good cause to appeal, his contentions lack merit.  So, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            A plaintiff appeals following a defense verdict in his medical negligence suit, claiming the court erred in (1) allowing expert testimony on the standard of care by the defendant doctor absent expert certification and disclosure under Iowa Code section 668.11 (2020) and Iowa Rule of Civil Procedure 1.500(2); and (2) instructing the jury on alternative medical treatments when those were not at issue.  OPINION HOLDS: Finding no evidentiary or instructional error, we affirm. 

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            Marqueis Lewis Jr. appeals his conviction for assault causing bodily injury.  OPINION HOLDS: In light of the district court’s credibility and factual findings, we affirm.

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (13 pages)

            Kadin Miller appeals the district court’s finding his harassing conduct was sexually motivated and his sentence for harassment and operating while intoxicated.  OPINION HOLDS: We affirm the district court’s finding of sexual motivation and the sentences imposed.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Brandon Ruiz appeals the denial of his application for postconviction relief citing ineffective assistance of counsel.  OPINION HOLDS: Because Ruiz failed to preserve error, we affirm.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Randy Meyers appeals the denial of his application for postconviction relief (PCR).  He alleges his trial and appellate counsel provided ineffective assistance by failing to ensure the State complied with the statute of limitations for two of the four offenses with which he was charged.  OPINION HOLDS: We find Meyers cannot prove his counsel breached an essential duty by opting not to object to the amended trial information.  Therefore, we affirm the district court’s denial of his application.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Heard en banc, but decided by Bower, C.J., and Tabor, Greer, Schumacher, Ahlers, Badding, Chicchelly, and Buller, JJ.  Opinion by Bower, C.J.  (9 pages)

            Beth Avery appeals the district court’s grant of summary judgment to the Iowa Department of Human Services and Michael McInroy on her claims of sex and sexual-orientation discrimination following her 2016 termination from employment.  OPINION HOLDS: On our review of the summary judgment record, we find no error of law or reason to modify the district court’s ruling.  We therefore affirm.

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.*  Opinion by Badding, J.  (4 pages)

            Jesse Helt appeals his conviction for assault while displaying a dangerous weapon, contending the evidence was insufficient to show the knife he brandished was a dangerous weapon.  OPINION HOLDS: Finding the verdict is supported by substantial evidence, we affirm.