September 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (16 pages)

            Dr. Joy Trueblood appeals the summary judgment ruling dismissing her tort claims against her insurance carrier, MMIC Insurance, Inc., under the Full Faith and Credit Clause because the same claims were previously dismissed in a Minnesota state court proceeding.  MMIC cross-appeals the denial of its requests for sanctions against Trueblood for filing a frivolous suit for an improper purpose.  OPINION HOLDS: The Minnesota judgment is a final decision on the merits reached after Trueblood had a full and fair opportunity to litigate her claims.  The Full Faith and Credit Clause thus demands that we give our sister state’s judgment preclusive effect, foreclosing Trueblood’s second try at suing MMIC.  Even so, we cannot say that the district court abused its discretion in declining to sanction Trueblood for filing this suit.

            Appeal from the Iowa District Court for Page County, Michael Hooper, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (10 pages)

            Chad Bennett appeals the dismissal of his action for failing to timely serve the defendants.  OPINION HOLDS: Because Bennett did not show good cause for the delayed service and the court properly determined directing an alternate manner of service was unwarranted, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson and Roger L. Sailer, Judges.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (24 pages)

            A jury found Dwight Evans guilty of first-degree murder and going armed with intent following the shooting death of Martez Harrison.  Evans, who was seventeen at the time of the shooting, was later sentenced to life imprisonment with the eligibility for parole after twenty years.  On appeal, he argues (1) the district court erred in admitting the recording of a jail phone call as non-hearsay by co-conspirators because there was insufficient evidence that Evans was engaged in a conspiracy with them, (2) neither of his convictions is supported by substantial evidence, and (3) the district court abused its discretion in sentencing him to a mandatory minimum of twenty years before he becomes eligible for parole.  OPINION HOLDS: Because the district court did not commit reversible error in admitting a recorded jail phone call that contained the conversation of Evans’s co-conspirators and substantial evidence supports each of his convictions, we affirm Evans’s convictions.  And because the court neither considered inappropriate information nor abused its discretion in weighing the various factors allowed to be considered, we affirm Evans’s sentences. 

            Appeal from the Iowa District Court for Poweshiek County, David Nelmark, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (8 pages)

            Farmers claim a waiver contained in a restructuring agreement with their former financial lender is not enforceable because they entered into the agreement under economic duress.  OPINION HOLDS: The record does not establish a fact question as to whether the farmers involuntarily accepted the terms of the restructuring agreement.  As a result, the farmers cannot claim economic duress to avoid application of the waiver provision contained in the agreement. 

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Sandy, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            A defendant challenges whether substantial evidence supports his conviction for murder in the first-degree.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, the jury could conclude the circumstances of the defendant’s actions—a course of violent conduct that escalated until the victim was not just unconscious, but dead—showed the defendant specifically intended to kill her.  As well, the defendant’s use of a baseball bat supports the jury’s conclusion that he acted with malice aforethought.  Accordingly, substantial evidence supports the defendant’s conviction for murder in the first degree.

            Appeal from the Iowa District Court for Story County, Adria Kester and Amy M. Moore, Judges.  AFFIRMED.  Considered by Tabor, C.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J. (15 pages)

            A jury found Joseph Awino guilty of four counts of willful injury causing serious injury, and the district court sentenced Awino to four ten-year terms of incarceration to be served consecutively, for a total term of incarceration not to exceed forty years.  Awino appeals his convictions and sentences, arguing (1) there is insufficient evidence to support the convictions; (2) the district court erred by admitting hearsay testimony; (3) his motion for substitute counsel for sentencing should have been granted; (4) the district court abused its discretion in denying his motion to continue sentencing, and (5) the district court abused its discretion in imposing consecutive sentences.  OPINION HOLDS: Because it was not properly preserved, we do not consider Awino’s hearsay claim.  We affirm his convictions because they are supported by substantial evidence.  And because the district court did not abuse its discretion in denying his motion for substitute counsel for sentencing, his motion to continue sentencing, or in imposing sentence, we also affirm his sentences. 

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (13 pages)

            Hope Clark appeals her conviction for operating while intoxicated.  She challenges the sufficiency of the evidence, the district court’s denial of her motion to suppress, and the district court’s admission of evidence she claims is hearsay not subject to an exception.  OPINION HOLDS: Clark’s conviction is supported by substantial evidence.  The district court did not err in denying Clark’s motion to suppress.  The evidence Clark claims is hearsay did not amount to hearsay because it was admitted to explain officers’ responsive conduct rather than for the truth of the matter asserted.  Even if the evidence went beyond the explaining responsive conduct, Clark failed to object to the evidence as going beyond the permissive scope.  Moreover, the State established that even if the evidence was improperly admitted for the truth of the matter asserted, it did not result in prejudice.

            Appeal from the Iowa District Court for Lee (South) County, Jonathan Stensvaag, Judge.  AFFIRMED.  Considered by Badding, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (8 pages)

            A mother appeals the private termination of her parental rights under Iowa Code chapter 600A, arguing that termination is not in her daughter’s best interest.  OPINION HOLDS: Giving the district court’s factual findings their due weight, we find the mother has not assumed the duties of a parent and termination best serves the daughter’s long-term needs.

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (6 pages)

Brienna Kerlin challenges the sufficiency of the evidence supporting her conviction for violating a custodial order, claiming the State failed to meet its burden to show she concealed her child from the child’s father.  OPINION HOLDS: We affirm the conviction as supported by substantial evidence.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (7 pages)

            An applicant appeals the denial of his application for postconviction relief, claiming the district court erred in rejecting his claims of ineffective assistance of counsel.  OPINION HOLDS: Finding counsel were not ineffective as alleged, we affirm.

            Appeal from the Iowa District Court for Delaware County, Michael J. Shubatt, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (9 pages)

            A defendant appeals her conviction and sentence for second-degree murder, arguing that the district court committed reversible error when it submitted Iowa Code section 704.2B(2) as a jury instruction over her objection at trial.  OPINION HOLDS: Weiner has not preserved error on her constitutional arguments.  And since the challenged instruction is a correct statement of law, applies to the facts here, and is not embodied elsewhere in the instructions, we affirm Weiner’s conviction and sentence.

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Badding, P.J., Sandy, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (7 pages)

            Brandon Seim appeals the denial of his application for postconviction relief, claiming the district court wrongly rejected his claim of ineffective assistance of counsel.  OPINION HOLDS: Finding no breach or prejudice, we affirm the denial of Seim’s application.