2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Linda Fangman, Judge.  CONVICTION CONDITIONALLY AFFIRMED, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Bower, C.J., Tabor, J., and Gamble, S.J.  Opinion by Bower, C.J.  (20 pages)

            Raymond Duke Birden appeals his conviction for first-degree murder, asserting the court erred in not submitting to the jury the question of whether DeQundes Glasper was an accomplice whose incriminating testimony requires corroboration.  Birden also contends the trial court erred in denying his motion for new trial based on the weight of the evidence.  OPINION HOLDS: We find no error in the court’s ruling that Birden failed to meet his threshold burden to prove by a preponderance of the evidence Glasper was an accomplice.  We conditionally affirm Birden’s conviction, but we remand for the district court to consider the motion for new trial employing the appropriate standard.

            Appeal from the Iowa District Court for Sioux County, Daniel Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Brendan Schurman appeals from his conviction for domestic abuse assault causing bodily injury, arguing the evidence is insufficient to find he committed assault.  OPINION HOLDS: The testimony and photographs admitted at trial comprise substantial evidence to conclude Schurman had the specific intent to commit assault.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (14 pages)

            The City of Davenport Board of Review (Board) appeals the district court decision finding the appraisal of two Walmart stores and a Sam’s Club were excessive.  The court found the businesses met their burden to present competent evidence to show the appraisals of the properties for property tax purposes were excessive.  The court then determined the Board did not meet its burden to uphold the appraisals.  OPINION HOLDS: We affirm the district court’s decision.

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber and Andrea J. Dryer, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Brian Lavenz appeals his convictions and sentences for possession of a controlled substance (methamphetamine) with intent to deliver and failure to affix a drug tax stamp.  OPINION HOLDS: I. We affirm the denial of the motion to suppress evidence seized during the search of the vehicle’s backseat and a locked bag in the trunk.  II. Because the court properly exercised its sentencing discretion, we affirm the sentences imposed.

            Appeal from the Iowa District Court for Henry County, John Wright, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J. (16 pages)

                Darriel Dean appeals his convictions for child endangerment resulting in serious injury and child endangerment.  He challenges (1) the district court’s decision that five-year-old K.D. was competent to testify, (2) the sufficiency of the evidence to support each of his convictions, (3) and the district court’s denial of his motion for new trial based on the weight of the evidence.  OPINION HOLDS: The district court did not abuse its discretion in finding the five-year-old witness competent to testify or in denying Dean’s motion for new trial.  And substantial evidence supports both of Dean’s convictions.  So, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Lance King appeals after pleading guilty to possession of a depiction of a minor engaged in a prohibited sex act, in violation of Iowa Code section 728.12(3) (2021).  OPINION HOLDS: King having failed to provide good cause to appeal, we dismiss.

            Certiorari to the Iowa District Court for Polk County, Paul D. Scott, Judge.  WRIT ANNULLED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (15 pages)

            On certiorari, Staesha Felton challenges a district court ruling finding her in contempt of a dissolution decree and awarding trial attorney fees to Raymond Wilson.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: Because we find substantial evidence that Staesha willfully violated the decree, we annul the writ of certiorari.  We also reject Staesha’s challenge to the district court’s award of trial attorney fees to Ray, and we deny each party’s request for appellate attorney fees. 

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J. (14 pages)

            Wour Magang appeals his convictions and sentences for second-degree robbery and first-degree burglary.  Magang contends the court wrongly admitted footage from a police officer’s body camera.  He claims his convictions are not supported by sufficient evidence.  He claims the district court utilized the wrong standard when considering his motion for a new trial.  He also claims the court abused its discretion during sentencing.  OPINION HOLDS: We find the court properly admitted the officer’s body camera footage.  Sufficient evidence supports Magang’s convictions.  The district court did not utilize the wrong standard when deciding on Magang’s motion for a new trial.  And the court did not abuse its discretion in sentencing. 

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge, and Myron L. Gookin, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  Partial Dissent by Tabor, P.J.  (10 pages)

            Dagger Erdman appeals his conviction for second-degree sexual abuse.  OPINION HOLDS: I. The juvenile court properly exercised its discretion in waiving its jurisdiction over Erdman to allow him to be tried as an adult.  II. Substantial evidence supports Erdman’s conviction.  PARTIAL DISSENT ASSERTS: I agree with the majority’s analysis of the sufficiency of the evidence.  But the State failed to meet its burden to show there were no reasonable prospects for rehabilitation if the juvenile court retained jurisdiction.  So I would reverse the juvenile court’s waiver order.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED AS MODIFIED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (12 pages)

            Robert Bloomquist appeals from the decree dissolving his marriage to Sue Bloomquist.  He challenges the property division, spousal support award, and denial of his request for trial attorney fees.  Both Robert and Sue seek appellate attorney fees.  OPINION HOLDS: Because the district court did not accurately value Robert’s IRA, we recalculate the property division and increase the equalization payment due to Robert.  We do not disturb the spousal support award or the district court’s determination on attorney fees.  We do not award either party appellate attorney fees.

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Greer, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Greer, P.J.  (15 pages)

            Gregg Winterfeld appeals his conviction for second-degree murder.  He argues the district court wrongly allowed the State to enter voicemails from his phone as evidence and the State provided insufficient evidence to prove Winterfeld was not acting in self-defense.  OPINION HOLDS: The voicemails were not hearsay and the district court did not commit reversible error in admitting them because, even if they were not relevant, the admission was not prejudicial to Winterfeld.  We find sufficient evidence disproved Winterfeld’s self-defense claim. 

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Tommy Henderson appeals the denial of his action for postconviction relief.  He contends his trial counsel was ineffective.  OPINION HOLDS:  Because trial counsel performed competently, we affirm.