2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground for termination.  Termination is in the child’s best interest, and we decline to apply a permissive exception to termination.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (4 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Scott Beattie, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J. (10 pages)

            Stanley Wofford appeals his conviction for murder in the first degree.  He asserts the State failed to prove he was not justified in the shooting death of John Belcher.  OPINION HOLDS: We conclude a reasonable jury could find Wofford was not justified in shooting Belcher and affirm his conviction.

            Appeal from the Iowa District Court for Polk County, Brendan E. Greiner, District Associate Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J. (7 pages)

            Munchelo Dock appeals his Alford pleas to nine counts of indecent exposure and the sentence imposed by the district court, arguing (1) the prosecutor breached the plea agreement; (2) the plea lacked a factual basis; and (3) his convictions and sentences “violate[d] the Double Jeopardy protection against cumulative punishment, and amount[ed] to an illegal sentence.”  OPINION HOLDS: We affirm Dock’s convictions but vacate his sentences and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (8 pages)

            Charlie Gary III was convicted after a jury trial of first-degree murder, first-degree burglary, first-degree robbery, and abuse of a corpse.  On appeal, he challenges the sufficiency of the evidence of malice aforethought to support his first-degree murder conviction and makes claim of prosecutorial misconduct.  OPINION HOLDS: Gary concedes no objection was made to preserve his claims of prosecutorial misconduct so we do not address them.  Because there is substantial evidence from which the jury could find malice aforethought, we affirm. 

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Justin Barnes appeals following his Iowa Rule of Criminal Procedure 2.10 guilty plea.  He complains he was not given an opportunity to withdraw his guilty plea at the sentencing hearing after the court informed him it could not suspend the fine associated with one of the charges as provided for in the guilty plea.  OPINION HOLDS: Barnes established good cause to appeal.  The district court erred by not informing Barnes he could withdraw his guilty plea prior to the imposition of the mandatory fine.  We vacate the sentence and remand for further proceedings.

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (10 pages)

            Roger McGhee appeals from the denial of his application for postconviction relief (PCR), contending both ineffective assistance of defense counsel and ineffective assistance of PCR counsel.  OPINION HOLDS: We reject all of McGhee’s claims that his defense counsel was ineffective.  He must raise the effectiveness of his PCR counsel in a separate action.

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, J.  Tabor, J., takes no part. (12 pages)

            D.L. appeals the adjudication and dispositional orders in child delinquency proceedings based on a finding she aided and abetted in the theft of an automobile.  OPINION HOLDS: We conclude there is sufficient evidence in the record to support a finding that D.L. committed a delinquent act that would be considered aiding and abetting in theft by possession of stolen property if she had been an adult.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Tabor, J., takes no part.  Opinion by Greer, J.  (8 pages)

            Douglas Beery was convicted of first-degree murder and assault with intent to inflict serious injury in 1996.  Here, he challenges the denial of his fourth application for postconviction relief (PCR), which he filed nearly two decades after the statute of limitations ran.  OPINION HOLDS: Beery’s claim that his trial counsel argued self-defense against his wishes is not premised on a new ground of fact, so it does not fall within the exception to the statute of limitations.  While two of his brother’s confessions took place after the statute of limitations ran, Beery cannot prevail on the substance of his newly-discovered-evidence claim.  So, we affirm the district court’s denial of Beery’s fourth PCR application.  

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Arthur Griffin Jr. appeals from his conviction for domestic abuse assault, third offense, as a habitual offender.  He contends that recordings from a 911 call and a police body camera were impermissibly admitted into evidence in violation of his rights under the federal and state confrontation clause.  OPINION HOLDS: We reject Griffin’s arguments, finding the evidence nontestimonial, and affirm the district court.

            Appeal from the Iowa District Court for Sioux County, Patrick H. Tott, Judge.  AFFIRMED ON APPEAL; WRIT SUSTAINED IN PART AND REMANDED.  Heard by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (22 pages)

            Diane Wedebrand, Mike Kats, Arvin Brenneman, and Harold Vander Vliet appeal the trial court’s ruling in this declaratory judgment action finding Scott Postma is a shareholder of Ozone Solutions, Inc. and was entitled to notice of the meeting held on May 31, 2018.  Postma cross-appeals the court’s rulings on his requests for sanctions.  OPINION HOLDS: Because Postma was a shareholder and received no notice for the May 31, 2018 meeting, the actions taken at that meeting are void.  We affirm on the appeal.  We treat the cross-appeal as a petition for writ of certiorari, grant the petition, and sustain the writ in part.  We find no abuse of discretion in the trial court’s determination sanctions were to be imposed upon Kats alone for the bad faith presentation of an affidavit under Iowa Rule of Civil Procedure 1.981(7).  But, because the district court employed the wrong standard in determining whether sanctions should be imposed under rule 1.517(3)(b), we sustain the writ in part and remand for consideration under the correct standard.   

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Ahlers, J. (5 pages)

            Vincent Brocato appeals his convictions for attempted murder and domestic abuse assault while using a dangerous weapon.  He claims the State failed to provide sufficient evidence establishing him as the victim’s assailant.  OPINION HOLDS: The jury’s verdict concluding Brocato shot the victim is supported by substantial evidence.