April 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Boone County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            An applicant appeals the denial of postconviction relief.  OPINION HOLDS: Because the applicant has not proven counsel breached an essential duty or the reasonable probability of acquittal on his claims, we affirm.

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (17 pages)

            Chad Ruby appeals the district court’s grant of summary judgment dismissing his premises-liability and negligence-per-se claims and its denial of his cross-motion for partial summary judgment on his negligence-per-se claim—all brought against Justina Sheehan, the host of a party where Ruby was stabbed by another guest.  OPINION HOLDS: On the premises-liability claim, Sheehan—as a possessor of a private residence and social host—had no duty to prevent another guest from stabbing Ruby during the party.  And Ruby’s negligence-per-se claim fails because the city ordinance is not specific enough to establish a negligence-per-se standard.  We thus affirm the district court’s grant of summary judgment to Sheehan and its denial of Ruby’s cross-motion.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J. (7 pages)

            Diontay Cobbs appeals following his convictions for first-degree robbery and using a juvenile to commit an indictable offense.  Cobbs challenges the sufficiency of the evidence supporting his conviction for using a juvenile to commit an indictable offense and claims the district court abused its discretion by sentencing him to a seventy-percent mandatory minimum and consecutive sentences.  OPINION HOLDS: Upon our review, we affirm. 

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J. (5 pages).

            Kang Chotkuac appeals his conviction for extortion, challenging the sufficiency of the evidence supporting the conviction.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. (7 pages)

            Valon Jackson Jr. appeals the restitution order and sentences entered after his convictions, contending the State did not meet its burden in establishing the restitution amount and that the district court abused its discretion in sentencing by failing to consider certain mitigating factors.  OPINION HOLDS: Because we find that substantial evidence supports the restitution award and the sentencing court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A defendant challenges his conviction for delivery of methamphetamine.  OPINION HOLDS: Viewing the record in the light most favorable to the verdict, we find substantial evidence that Martinac delivered methamphetamine.  Thus, we affirm the judgment and conviction.

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A defendant challenges his conviction for driving while barred.  OPINION HOLDS: Viewing the record in the light most favorable to the verdict, we find substantial evidence that Martinac’s license was barred while he was driving.  Thus, we affirm the judgment and conviction.

            Appeal from the Iowa District Court for Linn County, Fae Hoover, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            A trustee appeals the district court decision ordering distribution of trust funds to a deceased beneficiary’s issue.  OPINION HOLDS: Because we find the plain and unambiguous language of the trust requires distribution to the deceased beneficiary’s issue, we affirm.

            Appeal from the Iowa District Court for Story County, Bethany Currie, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (6 pages)

            Wayne Jennings appeals from an order granting Christina Jennings’s petition to modify the physical-care provisions of their dissolution decree and changing the placement of one of their children from joint physical care to Christina’s physical care.  He argues that the district court improperly limited the evidence he could present.  OPINION HOLDS: Because error is not preserved on Wayne’s evidentiary challenge and he raises no other issue, we affirm the district court.  And given the financial circumstances of the parties and the relative merits of the appeal, we award Christina Jennings appellate attorney fees.

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            Amber Movick appeals the sentence imposed upon her conviction for possession of methamphetamine, third offense.  She argues (1) the State breached the plea agreement by failing to endorse the agreed-upon sentencing recommendation, and (2) the district court erred by not ordering an updated presentence investigation report (PSI) or ensuring she waived her right to its use in sentencing.  OPINION HOLDS: We affirm, concluding the prosecutor did not breach the plea agreement and Movick failed to preserve error on her claims about the PSI. 

            Appeal from the Iowa District Court for Mitchell County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the termination of parental rights to his four children, asking us to reverse the termination based on alleged constitutional violations and a lack of reasonable efforts.  OPINION HOLDS: Because the father’s constitutional rights were not violated and his remaining issues are waived, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. (4 pages)

            Anthony Garner Jr. appeals his sentences after pleading guilty to three criminal charges.  OPINION HOLDS: Because the court exercised its discretion by imposing concurrent sentences of incarceration, we affirm.