Filed Jun 21, 2023
View Opinion No. 22-0636
View Summary for Case No. 22-0636
Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge. AFFIRMED. Considered by Chicchelly, P.J., Buller, J., and Potterfield, S.J. Opinion by Chicchelly, P.J. (3 pages)
Drew Wilshire-Gerdes appeals the district court’s dismissal of his petition for a domestic-abuse protective order filed on behalf of his minor son, W.A.W.G. Wilshire-Gerdes alleges the district court erred by failing to transfer the matter to the “proper proceedings” or “proper docket” under Iowa Code section 611.7 (2022). OPINION HOLDS: Wilshire-Gerdes does not identify what he believes the “proper proceedings” or “proper docket” are for his petition, and we will not undertake research and advocacy on his behalf. Moreover, section 611.7 pertains to transferring dockets between cases tried at law or in equity. We find no errors at law and affirm the district court’s order.
Filed Jun 21, 2023
View Opinion No. 22-0661
View Summary for Case No. 22-0661
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED. Considered by Ahlers, P.J., Badding, J., and Mullins, S.J. Opinion by Mullins, S.J. (7 pages)
A defendant appeals the sentence imposed following revocation of a deferred judgment for probation violations. OPINION HOLDS: We affirm the sentence imposed.
Filed Jun 21, 2023
View Opinion No. 22-0686
View Summary for Case No. 22-0686
Appeal from the Iowa District Court for Clinton County, John Telleen, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ. Opinion by Chicchelly, J. Dissent by Schumacher, J. (12 pages)
Mary Streicher appeals the denial of her application for vaccination determination, in which she asked the district court to determine whether to vaccinate her two children following an impasse with her former husband, Shannon Frazier. OPINION HOLDS: Applications for determination of issues undecided by the original dissolution or custody proceeding are an appropriate and necessary vehicle to invoke the court’s tie-breaking authority. Mary properly invoked this authority. Therefore, we reverse and remand with instructions that the district court hear Mary’s application on the merits and make a determination consistent with the children’s best interests. DISSENT ASSERTS: I respectfully dissent from the majority opinion that holds a petition for modification was not required when the parents could not agree on a medical decision concerning the children after the entry of an original dissolution decree which granted the parties joint legal custody of their children.
Filed Jun 21, 2023
View Opinion No. 22-0708
View Summary for Case No. 22-0708
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Bower, C.J. (6 pages)
Tyshaun McKinney appeals his sentences for theft in the first degree and going armed with intent, asserting the district court violated his constitutional rights by relying on the contents of a sealed evaluation prepared for a reverse waiver hearing. OPINION HOLDS: We find McKinney failed to preserve error on his claims and affirm.
Filed Jun 21, 2023
View Opinion No. 22-0714
View Summary for Case No. 22-0714
Appeal from the Iowa District Court for Scott County, Mark Fowler, Henry W. Latham II, and Meghan Corbin, Judges. AFFIRMED. Considered by Bower, C.J., Greer, J., and Doyle, S.J. Opinion by Doyle, S.J. (5 pages)
JazMond Turner appeals his convictions on two counts of third-degree sexual abuse, claiming his right to a speedy trial was violated. OPINION HOLDS: Although the record before us on appeal is incomplete, it is sufficient to show good cause existed to extend trial beyond the speedy-trial deadline when the court granted the State’s request for a continuance. But because the trial court never ruled on Turner’s claim that the length of the delay between the deadline and trial violated his right to a speedy trial, that error is not preserved for our review.
Filed Jun 21, 2023
View Opinion No. 22-0748
View Summary for Case No. 22-0748
Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge. AFFIRMED. Heard by Tabor, P.J., and Greer, Schumacher, Ahlers, and Badding, JJ. Opinion by Tabor, P.J. (12 pages)
Jeremiah Janes appeals his conviction for possession of methamphetamine with intent to deliver after the police arrested him and found the substance in his pocket. He contends the police officer’s detection of a marijuana odor in the hotel parking lot where he was standing did not provide reasonable suspicion to seize him. OPINION HOLDS: We find, even if the seizure were unreasonable, Janes could not lawfully resist his arrest. That resistance gave an independent basis to search, resulting in the discovery of the methamphetamine. So we affirm.
Filed Jun 21, 2023
View Opinion No. 22-1023
View Summary for Case No. 22-1023
Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Greer, J., and Gamble, S.J. Opinion by Gamble, S.J. (9 pages)
Kalandis McNeil appeals his conviction for second-degree robbery as an habitual offender, challenging the sufficiency of the evidence to support the jury’s verdict. McNeil also challenges the sentence imposed by the district court. OPINION HOLDS: Upon our review, we affirm.
Filed Jun 21, 2023
View Opinion No. 22-1069
View Summary for Case No. 22-1069
Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Greer, J. (10 pages)
Kristle Curtis appeals her conviction, arguing unfairly prejudicial evidence was wrongly admitted. OPINION HOLDS: Because Curtis failed to preserve error on the admissibility of the evidence she challenges, we affirm.
Filed Jun 21, 2023
View Opinion No. 22-1081
View Summary for Case No. 22-1081
Appeal from the Iowa District Court for Monroe County, Gregory G. Milani, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ. Opinion by Vaitheswaran, P.J. (4 pages)
Andrew Richardson appeals the district court’s denial of his motions to suppress evidence, arguing the warrantless seizure of his cell phone violated his constitutional rights. OPINION HOLDS: We affirm the district court’s denial of the suppression motion and Richardson’s conviction, judgment, and sentence.
Filed Jun 21, 2023
View Opinion No. 22-1160
View Summary for Case No. 22-1160
Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ. Opinion by Ahlers, J. (2 pages)
Antrell Jackson appeals his sentences following a guilty plea arguing he should have been sentenced to unsupervised probation instead of supervised probation. OPINION HOLDS: The district court did not abuse its discretion by sentencing Jackson to supervised probation.
Filed Jun 21, 2023
View Opinion No. 22-1272
View Summary for Case No. 22-1272
Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge. AFFIRMED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Schumacher, P.J. (6 pages)
Roman Moncivaiz appeals the denial of his second postconviction-relief (PCR) application. He alleges there is newly discovered evidence and that his trial counsel and first PCR counsel were ineffective in not discovering another suspect would not be prosecuted. He also asserts trial counsel was ineffective in failing to challenge an aiding and abetting jury instruction because the State declined to prosecute another suspect. OPINION HOLDS: Evidence that the State declined to prosecute another suspect would not have changed the result of Moncivaiz’s trial or first PCR. As a result, neither trial counsel nor Moncivaiz’s first PCR counsel was ineffective. Accordingly, we affirm.
Filed Jun 21, 2023
View Opinion No. 22-1337
View Summary for Case No. 22-1337
Appeal from the Iowa District Court for Cass County, Craig M. Dreismeier, Judge. AFFIRMED. Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J. Opinion by Chicchelly, J. (5 pages)
Simranjit Singh appeals a district court order granting Michael McDermott’s motion for summary judgment and dismissing Singh’s claim for negligence. Singh alleges the district court erred in finding that he could not prove McDermott breached a duty of care or that the doctrine of res ipsa loquitur should be applied. OPINION HOLDS: Because Singh has not put forth evidence by which a reasonable jury could find McDermott was negligent, we affirm the district court’s dismissal of this action.