2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cass County, Greg W. Steensland, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  Dissent by Schumacher, J.  (21 pages)

              Timothy Smith appeals the denial of his application for postconviction relief (PCR).  Smith claims trial counsel failed to (1) request additional strikes when the trial court refused to grant challenges for cause of prospective jurors, (2) move for a mistrial due to claimed juror misconduct, and (3) call witnesses that had evidence favorable to his defense.   He also passively claims cumulative errors amount to prejudice.  OPINION HOLDS: We find counsel was ineffective in failing to request additional strikes to preserve error under State v. Jonas, and that failure here constituted prejudice.  We reverse and remand for a new trial.  DISSENT ASSERTS: As Smith failed to demonstrate prejudice in regard to the peremptory strikes and failed to prove a breach of duty by his trial counsel regarding jury misconduct and defense witnesses, the district court’s denial of Smith’s PCR application should be affirmed.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            Kenneth Raphael Moore appeals the denial of his application for postconviction relief, contending plea counsel were constitutionally ineffective, thus entitling him to a new trial.  OPINION HOLDS: Because Moore failed to prove either a breach of essential duty or the requisite prejudice, his ineffective-assistance-of-counsel claims fail.  We affirm.

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  CONVICTIONS AFFIRMED, SENTENCES AFFIRMED IN PART AND VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (19 pages)

            David Johnson appeals his convictions and sentences for sexual abuse, neglect or abandonment of a dependent person, lascivious acts with a child, and incest.  OPINION HOLDS: We find that the district court did not abuse its discretion in denying Johnson’s motion to sever and correctly denied Johnson’s challenge to the State’s use of peremptory strikes on potential male jurors.  We further find there was sufficient evidence to support the two third-degree sexual abuse convictions that Johnson challenges on appeal.  However, because the State concedes the district court did not give sufficient reason for its imposition of consecutive sentences, we vacate that portion of the sentencing order and remand for resentencing.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (20 pages)

            Dr. John Doe appeals the district court’s denial of his petition for judicial review of the Iowa Board of Medicine’s order for a clinical competency evaluation and statement of charges for professional incompetency.  OPINION HOLDS: Dr. Doe submitted to the evaluation without objection, and the challenges to the order for the clinical competency evaluation now come more than fourteen days after Dr. Doe received the order; therefore, the challenge now is moot and untimely.  The charge of professional incompetency was supported by substantial evidence at the contested case hearing.  We affirm the district court’s denial.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (13 pages)

            Plaintiffs appeal the district court’s grant of summary judgment in favor of the defendants, arguing their claims are not time-barred because (1) their aiding-and-abetting-breach-of-fiduciary-duty claim is subject to a longer limitation period, and (2) the defendants published a defamatory statement fewer than two years before they filed suit.  OPINION HOLDS: The plaintiffs’ aiding-and-abetting-breach-of-fiduciary-duty claim is in fact a claim for attack on reputation, so it is subject to a two-year limitation period.  As the only two statements made within the limitation period are not defamatory as a matter of law, we affirm.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (11 pages)

            The Estate of Lewis appeals the dismissal of its negligence action against Brian Looney.  OPINION HOLDS: The district court erred in concluding it was without jurisdiction to proceed.  Rather, the question is whether the court lacked authority.  Because we conclude the court did have authority to continue the trial and the defense’s complaint came too late where it was aware of the closing of the estate and made no complaint during pretrial motions, jury selection, opening statements, and two full days of testimony, we reverse and remand for further proceedings. 

            Appeal from the Iowa District Court for Polk County, David W. Nelmark, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  Langholz, J., takes no part.  (3 pages)

            A self-represented plaintiff appeals from the dismissal of his petition for judicial review.  OPINION HOLDS: We affirm, finding the plaintiff failed to properly effect service.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Langholz, J., takes no part.  Opinion by Ahlers, J.  (7 pages)

            The State of Iowa seeks interlocutory review following the district court’s denial of its motion for summary judgment arguing it is shielded from liability from the plaintiff’s tort claims by sovereign immunity and the plaintiff’s constitutional tort claim is no longer viable because the supreme court overruled Godfrey v. State, 898 N.W.2d 844 (Iowa 2017).  OPINION HOLDS: Under Iowa Code section 669.14(4) (2018) the State has not waived sovereign immunity to claims for interference with contract rights, like those brought by the plaintiff.  So the district court erred in denying the motion for summary judgment to the related counts.  The plaintiff’s constitutional tort claim is no longer viable after the supreme court overturned Godfrey.  So on remand the district court must grant summary judgment to the State on all remaining counts.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (4 pages)

            Bryan Carr appeals his conviction for driving a motor vehicle while his license was revoked, complaining “the district court failed to enter into an appropriate colloquy on the record with [him] in order to determine if he understood his waiver of the right to remain silent at trial.”  OPINION HOLDS: We affirm Carr’s conviction.

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

            Dennis Ridder appeals his conviction for second-degree harassment, challenging the sufficiency of the evidence supporting lack of justification.  OPINION HOLDS: We conclude the State provided substantial evidence that Ridder was not justified, and we affirm the conviction for second-degree harassment.

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (7 pages)

            The estate of Susan Marth appeals an order approving distribution of land under the terms of a testamentary trust.  OPINION HOLDS: Because the proposed distribution is within the bounds of the language of the testamentary trust and Iowa Code chapter 651 (2021) does not apply, we affirm.

            Appeal from the Iowa District Court for Linn County, Nicholas Scott, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (6 pages)

                Shawn Smith appeals his conviction for domestic abuse assault causing bodily injury.  He argues the evidence was insufficient to show he and the victim were family or household members or, in other words, persons cohabiting.  OPINION HOLDS: We find the evidence sufficient to support cohabitation and affirm Smith’s conviction.