May 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Joseph Kremer contends that he was denied due process when the district court imposed judgment and sentence before he entered guilty pleas for two offenses—operating without owner’s consent and eluding—committed in September 2021.  The State concedes that those convictions postdated the judgment and sentence but argues that Kremer lacks good cause to appeal because the premature sentence was what he bargained for in the later-filed plea agreement.  OPINION HOLDS: Kremer lacks good cause to appeal because the sentence was what he bargained for in the plea agreement.  We dismiss the appeal. 

            Appeal from the Iowa District Court for Woodbury County, Sarah Crane, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (15 pages)

            A claimant appeals adverse rulings following a jury trial and post-trial motions in a legal malpractice action against the attorneys representing him in the buy-out of shares in a family-farm corporation.  OPINION HOLDS: We affirm, finding the requested instruction was not supported by the evidence, issue preclusion was appropriately decided, and the remaining motion-in-limine issue was not preserved.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            Chase Mead appeals his convictions for possession of methamphetamine with intent to deliver, failure to affix a drug tax stamp, possession of marijuana with intent to deliver, and possession of a firearm as a felon.  OPINION HOLDS: We conclude there is substantial evidence in the record to show Mead had constructive possession of the methamphetamine, marijuana, and firearm.  Also, the district court did not abuse its discretion in sentencing Mead.  We affirm his convictions and sentences.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J. (12 pages)

            William Stephenson appeals his convictions for sexual abuse in the second degree and continuous sexual abuse of a child.  OPINION HOLDS: Finding substantial evidence supports the verdicts and the district court did not abuse its discretion in denying Stephenson’s motions for mistrial, we affirm.

            Appeal from the Iowa District Court for Monroe County, Myron Gookin, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (7 pages)

            Justin Stickrod appeals the district court’s denial of his application for postconviction relief, arguing he received ineffective assistance of counsel when his trial lawyer failed to move for a mistrial after a prospective juror claimed Stickrod confessed and was guilty during voir dire.  OPINION HOLDS: Because Stickrod has failed to establish prejudice, we affirm.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            An applicant appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because we find that trial counsel was not required to bring meritless motions for a change of venue or judgment of acquittal, object to evidence that was inextricably linked with other admissible evidence, or request jury instructions not supported by caselaw, we affirm the postconviction-relief court’s denial of his application.

            Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

Ambrashia Chrzan appeals the district court’s denial of her application for postconviction relief.  On appeal, she argues her trial counsel was ineffective because he failed to (1) move for a court-appointed expert medical witness; (2) object to or prevent introduction of prior bad acts evidence that she used drugs while pregnant; (3) investigate and present family members as witnesses to her parenting abilities; and (4) move for a change of venue.  OPINION HOLDS: We affirm, finding upon our de novo review of the record that Chrzan failed to meet her burden to prove that trial counsel was ineffective.

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (12 pages)

            A husband appeals the spousal support and valuation of a checking account in the decree dissolving his marriage.  The other spouse defends the decree and requests appellate attorney fees.  OPINION HOLDS: We affirm the decree as modified and decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            An applicant appeals a district court ruling denying his applications for postconviction relief.  OPINION HOLDS: We affirm the district court’s ruling, concluding that it properly denied the applicant’s claims of ineffective assistance of counsel.

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Bower, C.J.  (7 pages)

            Lonnie Nye appeals the district court’s denial of his petition to modify the parties’ dissolution decree, claiming his disability payments through his pension are spousal support subject to modification.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J. (14 pages)

            Raymond Showers appeals his conviction for third-degree sexual abuse, challenging the sufficiency of the evidence supporting the conviction.  OPINION HOLDS: We find that there was sufficient evidence for the jury to find that the defendant performed a sex act with the victim against her force of will, and we affirm.

            Appeal from the Iowa District Court for Bremer County, Rustin Davenport, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (14 pages)

            A limited liability company (LLC) challenges the dismissal of its petition for judicial review.  OPINION HOLDS: Because the statute at issue here—Iowa Code section 96.1A (2022)—defines wages, we are bound by its definition.  Its definition includes all remuneration received by a member of the LLC unless proportional to membership interest.  Thus, Iowa Workforce Development’s (IWD)’s determination that only the amount of remuneration one member received beyond that of the other member was wages is a correct interpretation of a provision of law, with justification, and required by law.  The calculation that IWD used to determine the amount of that remuneration that is wages was reasonable and correct.  We affirm the court’s dismissal of the LLC’s petition for judicial review.