November 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A postconviction applicant appeals the denial of relief, asserting ineffective assistance of trial and appellate counsel, newly discovered evidence, and actual innocence.  OPINION HOLDS: Finding the applicant did not prove counsel was ineffective, the evidence at issue is merely impeaching, and the applicant cannot meet the high evidentiary burden of proof for actual innocence, we affirm. 

            Appeal from the Iowa District Court for Dubuque County, Laura Parrish, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Vogel, S.J.  Opinion by Langholz, J.  Dissent by Vogel, S.J.  (16 pages)

            The Ruth F. Woller Revocable Trust appeals the orders denying its motion for an extension of time to respond to Locher & Davis PLC’s request for admissions and its post-judgment motion to dismiss the petition for lack of service.  OPINION HOLDS: Under our deferential standard of review, we cannot say that the district court abused its discretion in denying the trust’s extension request.  And the court did not err in denying the motion to dismiss filed after the entry of summary judgment—at that point, the case was complete and it was too late to seek dismissal of the suit.  DISSENT ASSERTS: Because the nonlawyer trustee may not represent the trust in this civil action, I would not reach the merits and instead dismiss this unauthorized appeal.

            Appeal from the Iowa District Court for Pottawattamie County, Terry Rickers, Judge.  REVERSED AND REMANDED WITH DIRECTIONS ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (25 pages)

            The State appeals a district court finding of ineffective assistance of counsel.  Postconviction-relief applicant Jason Curtis cross-appeals, asserting the district court incorrectly decided his claims of actual innocence and prosecutorial misconduct.  OPINION HOLDS: We reverse the district court’s ruling on the State’s appeal, finding that Curtis did not meet his burden to prove a breach of duty on the ineffective-assistance claim upon which he was granted relief.  We remand for the district court to consider the remaining ineffective-assistance claims it did not previously address.  We affirm on Curtis’s cross-appeal, finding the court properly rejected his claims of actual innocence and a due process violation based on prosecutorial misconduct.    

    Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Gamble, S.J., takes no part.  Opinion by Tabor, C.J.  (3 pages)

    John Berman, a California resident, appeals the denial of his motion to reopen a civil cause of action alleging extortion and his motion to disqualify the judge who denied that motion.  OPINION HOLDS: On our review, we adopt the district court’s rationale on the issues presented.  Iowa courts lack authority to consider Berman’s extortion claim because none of the alleged conduct occurred in this state.  Berman alleged no new facts in the motion to reopen that would change that reality.  And the record shows no cause for disqualification of the judge.  A full opinion would not augment or clarify existing law.  Thus, we affirm without further opinion under Iowa Court Rule 21.26(1)(d) and (e).
 

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Tabor, C.J., Sandy, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A defendant appeals his convictions for interference with official acts with a weapon, pursuant to Iowa Code section 719.1(1)(f) (2023), and person ineligible to carry a dangerous weapon, pursuant to section 724.8B, arguing the State presented insufficient evidence that he was in possession of a dangerous weapon.  OPINION HOLDS: Finding there was sufficient evidence to convict on both counts, we affirm.

            Appeal from the Iowa District Court for Madison County, Randy Hefner, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Chicchelly, J.J.  Opinion by Schumacher, P.J.  (17 pages)

            Defendants appeal the district court’s award of ownership to the South Central Iowa Landfill Agency by adverse possession.  They challenge the district court’s conclusion that the action to quiet title was not barred by a statute of limitations and the district court’s finding that certain elements of adverse possession were satisfied.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            David Yingling appeals his civil commitment as a sexually violent predator under Iowa Code chapter 229A (2023).  Yingling challenges the sufficiency of the evidence produced by the State to show he “suffers from a mental abnormality” making him “likely to engage in predatory acts constituting sexually violent offenses if he is not confined to a secure facility.”  OPINION HOLDS: We determine sufficient evidence supports the civil commitment and affirm.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Badding, J., and Vogel, S.J. Opinion by Badding, J.  (13 pages)

            Brooke Carter, a former police sergeant, appeals a district court ruling on certiorari affirming the finding by the board of trustees for the Municipal Fire and Police Retirement System of Iowa that she is not entitled to accidental disability benefits for a mental injury.  OPINION HOLDS: The proper standard to review Iowa Code chapter 411 (2022) accidental disability benefits for mental injuries is the legal causation standard outlined in the Cornish-Moon cases until our supreme court holds otherwise.  Under that standard, we find there is substantial evidence to support the board’s decision denying Carter accidental disability benefits.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  WRIT ANNULLED.  Heard by Schumacher, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (13 pages)

            The State appeals the district court’s ruling placing David Stumbo in transitional release from sexually violent predator commitment.  The sole question on appeal is whether, under Iowa Code chapter 229A (2023), the court could hear evidence and recommendations from Stumbo about his placement after it determined he violated his release plan.  OPINION HOLDS: We find the State has not met its burden to prove the district court acted illegally.  The writ is annulled. 

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Carr, S.J.  Buller, J., takes no part.  Opinion by Langholz, J.  (8 pages)

            Cornelius Brown appeals the denial of postconviction relief from his second-degree sexual assault conviction.  He argues that he received ineffective assistance of counsel because his counsel should have subpoenaed documents and interviewed two witnesses to more accurately portray his relationship with the victim.  OPINION HOLDS: Brown has not shown that any overlooked evidence would have moved the needle toward reasonable doubt.  None of the identified documents relate to, let alone contradict, the evidence showing Brown performed a sex act against the victim’s will using force creating a substantial risk of death or serious injury.  Worse, his two witnesses both contradicted his trial testimony, which would have damaged his defense and credibility.  So regardless of whether defense counsel breached an essential duty, Brown has not shown a reasonable probability of a different outcome in his trial.

    Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (6 pages)

    Following the death of her five-year-old son, Ericka Rankins pleaded guilty to six misdemeanor counts of child endangerment and three felony counts of neglect of a dependent person.  For those nine offenses, the district court sentenced her to a prison term not to exceed thirty-two years.  She appeals that sentence, contending that probation was a better option given her history of trauma and mental-health struggles.  OPINION HOLDS: Because the district court did not abuse its discretion in choosing incarceration based on the “separate and serious nature of each of the offenses,” we affirm the sentence.
 

    Appeal from the Iowa District Court for Mahaska County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (6 pages)

    A former husband appeals the decree dissolving his marriage.  He alleges the district court abused its discretion in disallowing relevant evidence, incorrectly waived mediation, relied on false testimony of the former wife, unfairly ordered temporary spousal support, and abused its discretion during trial.  OPINION HOLDS: While we are unable to reach several of these claims due to lack of error preservation or waiver, we address those we can and find no grounds to reverse or modify the district court’s decree.  We affirm.