Filed Jan 11, 2023
View Opinion No. 21-1637
View Summary for Case No. 21-1637
Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. SENTENCE AFFIRMED IN PART AND VACATED IN PART. Considered by Tabor, P.J., Ahlers, J., and Carr, S.J. Opinion by Carr, S.J. (6 pages)
Jonathan Nemmers appeals the sentence imposed upon his conviction for possession of contraband in a detention facility in violation of Iowa Code section 719.7(3)(a) (2020). OPINION HOLDS: We vacate the portion of the sentence which purports to impose a restitution requirement for court costs on a dismissed count. In all other respects, we affirm the sentence.
Filed Jan 11, 2023
View Opinion No. 21-1675
View Summary for Case No. 21-1675
Appeal from the Iowa District Court for Clinton County, Henry W. Latham and Jeffrey D. Bert, Judges. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Bower, C.J. (16 pages)
Trymaine Bostic appeals the trial court’s denial of his motions to continue and for mistrial and challenges the sufficiency of the evidence to support his convictions for child endangerment causing bodily injury and child endangerment. OPINION HOLDS: In voluntarily absenting himself after the first day of trial, Bostic cannot complain the court violated his constitutional right to be present when it denied the motions to continue and for mistrial. There is substantial evidence to support each of the convictions, and thus we affirm.
Filed Jan 11, 2023
View Opinion No. 21-1692
View Summary for Case No. 21-1692
Appeal from the Iowa District Court for Clay County, Carl J. Petersen and Charles K. Borth, Judges. AFFIRMED. Considered by Bower, C.J., Tabor, J., and Blane, S.J. Opinion by Blane, S.J. (6 pages).
Defendant appeals her conviction for possession of marijuana, third or subsequent offense, arguing the district court erred in denying her motion for judgment of acquittal. She asserts there was insufficient evidence to support the jury’s verdict. OPINION HOLDS: Upon our review, we determine that there was sufficient evidence for the jury to find Gore guilty of constructive possession of marijuana, and the district court did not err in denying her motion for judgment of acquittal.
Filed Jan 11, 2023
View Opinion No. 21-1821
View Summary for Case No. 21-1821
Appeal from the Iowa District Court for Polk County, David Porter, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Chicchelly, J., and Mullins, S.J. Opinion by Mullins, S.J. (6 pages)
Courtney Wright appeals the sentence imposed on his conviction of second-degree sexual abuse, arguing the court abused its discretion in sentencing. OPINION HOLDS: Because we find the court did not abuse its discretion as alleged, we affirm the sentence imposed.
Filed Jan 11, 2023
View Opinion No. 21-1976
View Summary for Case No. 21-1976
Appeal from the Iowa District Court for Marshall County, Kurt J. Stoebe, Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ. Opinion by Schumacher, J. (7 pages)
Richard Emery appeals the district court’s decision granting the State’s motion to dismiss and motion for summary disposition of his petition for postconviction relief. OPINION HOLDS: We affirm the district court.
Filed Jan 11, 2023
View Opinion No. 22-0006
View Summary for Case No. 22-0006
Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge. DISTRICT COURT JUDGMENT AFFIRMED IN PART AND REVERSED IN PART; CASE REMANDED WITH DIRECTIONS. Considered by Vaitheswaran, P.J., Ahlers, J., and Blane, S.J. Opinion by Blane, S.J. (11 pages)
Gibbs appeals his convictions of assault causing bodily injury (domestic abuse with penalty enhanced) and harassment in the third degree. He argues the district court erred by excusing a potential juror for cause when the State did not establish a qualifying basis, denying Gibbs’ motion for mistrial based on the prosecutor’s comments during closing argument, submitting a verdict-urging instruction to the jury, and applying the wrong standard in denying Gibbs’ motion for new trial. OPINION HOLDS: The district court did not abuse its discretion in excusing a potential juror, denying Gibbs’ motion for mistrial, and submitting a verdict-urging instruction to the jury. We do find an incorrect standard was used in ruling on Gibbs’ motion for new trial and remand the case to the district court to address that motion applying the correct weight-of-the-evidence standard.
Filed Jan 11, 2023
View Opinion No. 22-0091
View Summary for Case No. 22-0091
Appeal from the Iowa District Court for Clarke County, Thomas P. Murphy, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Bower, C.J. (7 pages)
On interlocutory appeal, Darryl Hurtt, a commercial truck driver from Missouri, challenges the denial of his motion to dismiss the charge of possession of a controlled substance (marijuana), claiming a violation of his right to freely travel and carry his prescribed medication while traveling through the State of Iowa. OPINION HOLDS: Hurtt has not preserved his claim that he has a “right to carry medication.” We are not persuaded Iowa’s regulation of controlled substances directly impairs Hurtt’s right to come into or leave the state and affirm the denial of his motion to dismiss.
Filed Jan 11, 2023
View Opinion No. 22-0155
View Summary for Case No. 22-0155
Appeal from the Iowa District Court for Polk County, David W. Nelmark, Judge. AFFIRMED AND REMANDED. Considered by Ahlers, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (5 pages)
Bradley Casner appeals from an order granting his ex-wife Jennifer Fisher’s motion to enforce a settlement agreement. Casner argues there was not an enforceable agreement due to a mutual mistake. OPINION HOLDS: An apparent mistake between Casner and his counsel does not constitute a mutual mistake with Fisher. Accordingly, we affirm the district court’s order but remand for the court to determine a potential award of Fisher’s appellate attorney fees.
Filed Jan 11, 2023
View Opinion No. 22-0162
View Summary for Case No. 22-0162
Appeal from the Iowa District Court for Delaware County, Monica Ackley, Judge. REVERSED AND REMANDED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Greer, J. (16 pages)
After the district court granted Jesse Harbach’s motion to suppress evidence seized pursuant to a warrant, the State applied for and was granted discretionary review of the ruling. The State argues the district court misapplied case law in suppressing the evidence based on its determination the warrant application contained a false statement which was made knowingly and intentionally or with reckless disregard for the truth and, without the statement, the application failed to establish probable cause. OPINION HOLDS: Because there was probable cause of Harbach’s impairment even without the deputy’s false statements, we reverse the district court’s suppression ruling and remand.
Filed Jan 11, 2023
View Opinion No. 22-0185
View Summary for Case No. 22-0185
Appeal from the Iowa District Court for Madison County, Patrick W. Greenwood, Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ. Opinion by Tabor, P.J. (3 pages)
A defendant appeals her sentence for credit-card fraud, contending it was overly harsh. OPINION HOLDS: Because the district court weighed appropriate sentencing factors we affirm.
Filed Jan 11, 2023
View Opinion No. 22-0208
View Summary for Case No. 22-0208
Appeal from the Iowa District Court for Sioux County, Steven J. Andreasen, Judge. AFFIRMED. Considered by Bower, C.J., Tabor, J., and Carr, S.J. Opinion by Tabor, J. (6 pages)
Rogelio Morales Morales challenges the sufficiency of the evidence for his sexual-abuse conviction. He argues that under the marshalling instruction, the State had to prove the offense happened within the stated time range. OPINION HOLDS: Because the State offered substantial evidence that Morales committed the offense within the instruction’s time frame, we affirm without addressing whether it had the burden to do so.
Filed Jan 11, 2023
View Opinion No. 22-0256
View Summary for Case No. 22-0256
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ. Opinion by Schumacher, J. (7 pages)
Michael Fangman appeals his conviction for sexual abuse in the third degree. He contends his counsel was ineffective. He also claims insufficient evidence supports the conviction. OPINION HOLDS: We cannot consider Fangman’s claims of ineffective assistance as those claims must be brought in a postconviction-relief action. We find the conviction was supported by substantial evidence.