2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Tom Reidel and Meghan Corbin, Judges.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Schumacher and Langholz, JJ., but decided by Schumacher, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (14 pages)

            Northwest Bank & Trust Company appeals the district court’s grant of summary judgment on its breach-of-contract claim and the court’s denial of its motion for a new trial after an adverse jury verdict on its fraudulent-misrepresentation claims.  OPINION HOLDS: Pershing Hill Lofts, LLC’s agreement to seek financing exclusively from Northwest Bank in return for Northwest expending its resources on due diligence on the loan is not an agreement to agreement.  And the mutual obligations of this exclusivity agreement do not become unenforceable merely because they were included in a longer document that describes the tentative financing terms that everyone agrees cannot be enforced.  Neither does this exclusivity clause have any condition precedent.  Nor is it too indefinite to be enforced.  We thus reverse the district court’s grant of summary judgment and remand for further proceedings on Northwest Bank’s breach-of-contract claim.  Because the district court excluded any reference to the exclusivity agreement in the jury trial on Northwest Bank’s fraudulent-misrepresentation claims based on the erroneous summary-judgment ruling, we agree that Northwest Bank is entitled to a new trial on those claims as well.

            Appeal from the Iowa District Court for Polk County, Scott Rosenberg, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J. (16 pages)

            Tony Arterberry challenges the sufficiency of the evidence supporting his convictions for first-degree murder, first-degree burglary, and first-degree robbery.  He also disputes several evidentiary rulings, arguing they deprived him of a fair trial.  OPINION HOLDS: There was sufficient evidence to support the jury’s verdict.  We affirm Arterberry’s convictions for all three crimes and reject his evidentiary challenges.

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Tamra and Scott Bradley appeal the denial of a directed verdict, arguing no evidence supported submitting comparative fault to the jury in the trial on their negligence claims against Timothy and Carol Tietz arising out of a truck crash.  OPINION HOLDS: Considering the evidence—including a video of the crash—in the light most favorable to the Tietzs, there was evidence from which a jury could find Tamra Bradley negligent and at least one percent at fault for the crash.  Thus, the Bradleys’ directed-verdict motion was properly denied.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Carlos Mejia appeals after a jury found him guilty of attempted murder, intimidation with a dangerous weapon with intent, and willful injury causing serious injury, challenging the denial of his motion seeking to limit evidence of his drug use.  OPINION HOLDS: Because the evidence provided necessary context, including Mejia’s motive for shooting the victim, and the probative value is not outweighed by the danger of unfair prejudice, the district court did not abuse its discretion in denying Mejia’s motion in limine.

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (7 pages)

            A criminal defendant appeals his convictions for possession of contraband in a correctional facility and possession of a controlled substance.  OPINION HOLDS: The defendant did not contest at least one of the alternatives presented to the jury, so we are required to apply the general‑verdicts statute.  Because the defendant did not contest he knowingly possessed contraband while confined in the jail, the sheriff’s office lobby was part of the jail, and a reasonable jury could conclude the defendant knew of the methamphetamine baggie in his sock, we affirm. 

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Gamble, S.J.  Badding, J., takes no part.  Opinion by Gamble, S.J.  (11 pages)

            An applicant appeals the denial of his request for postconviction relief based on claims of ineffective assistance of counsel and actual innocence.  OPINION HOLDS: Finding the applicant has not shown by clear and convincing evidence that “no reasonable fact finder could convict” him of sexual abuse in the third degree and has not established counsel’s performance fell below that of a reasonably competent attorney, we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  APPEAL DISMISSED.  Considered by Schumacher and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            A defendant who pled guilty appeals his sentence negotiated as part of a plea agreement and adopted by the district court.  OPINION HOLDS: Because the defendant failed to establish good cause as required by Iowa Code section 814.6(1)(a)(3) (2023), we dismiss the appeal.

            Appeal from the Iowa District Court for Dubuque County, Monica Ackley, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Telleen, S.J. Opinion by Telleen, S.J. (9 pages)

            A defendant appeals from his convictions on one count of second-degree sexual abuse, two counts of third-degree sexual abuse, and one merged count of lascivious acts with a child, arguing the district court abused its discretion in excluding evidence of his divorce and an alleged custody dispute as irrelevant.  OPINION HOLDS: Finding no abuse of discretion, we affirm the defendant’s convictions.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  APPEAL DISMISSED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J. (3 pages)

            Roy Allen Hogan appeals the sentence imposed by the district court after pleading guilty.  OPINION HOLDS: Because Hogan lacks good cause to appeal, we must dismiss his appeal.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  CONVICTIONS AFFIRMED; SENTENCES REVERSED IN PART AND REMANDED WITH DIRECTIONS.  Heard by Greer, P.J., and Schumacher, Badding, Chicchelly, and Buller, JJ.  Opinion by Greer, P.J. (21 pages)

            Hawkins, who struggles with mental health issues, was charged with three counts of assault with intent to commit sexual abuse for his actions against three female victims.  In all three instances, Hawkins touched the victim’s buttocks; one female victim reports more significant conduct including Hawkins hugging her from behind, rubbing his erect penis on her, and forcing his hand down her pants.  When officers arrived, Hawkins argues he was detained and interrogated before being made aware of his Miranda rights.  Finally, Hawkins argues his sentence, as imposed, was illegal because the court did not articulate why his three individual sentences were to be served consecutively, and not concurrently.  OPINION HOLDS: Because we review the record as a whole, we find sufficient evidence to support Hawkins’s three counts of assault with intent to commit sexual abuse.  We find no Miranda violations and affirm the district court’s suppression ruling.  Finally, we remand to the district court to address the narrow question of whether to impose consecutive or concurrent sentences.

            Appeal from the Iowa District Court for Greene County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J. (5 pages)

            A defendant appeals his convictions for attempted murder, willful injury causing serious injury, and domestic abuse causing bodily injury, arguing the district court erred in admitting testimony of prior acts of domestic assault.  OPINION HOLDS: Finding the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Telleen, S.J., takes no part.  Opinion by Greer, P.J.  (5 pages)

            A jury found Fred Valenzuela guilty of third-degree sexual abuse.  On appeal, Valenzuela challenges the district court’s denial of his motion for new trial, arguing the court abused its discretion when it weighed the evidence because it relied on its sympathy for the complaining witness when determining credibility.  OPINION HOLDS: Because the district court did not abuse its discretion, we affirm the denial of Valenzuela’s motion for new trial.