2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Greene County, Derek Johnson, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Gamble, S.J.  Opinion by Buller, J.  (8 pages)

            Brothers appeal the dismissal of their breach-of-contract claim.  OPINION HOLDS: Because they filed suit after the statutory five-year limitations period had ended, we affirm the dismissal of their case.

    Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  (10 pages)

    Michael Jendro appeals the spousal support and property distribution provisions in the decree dissolving his marriage to Kyla Walther.  OPINION HOLDS: Finding no failure to do equity between the parties, we affirm.  We decline Michael’s request for appellate attorney fees but award fees to Kyla.
 

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (16 pages)

            On interlocutory appeal, Matthew Noehl challenges the district court’s order granting the State’s motion to amend to “change[] the dates of the alleged offense conduct in three different trial informations in the attempt to maintain the adult criminal court’s jurisdiction over [him].”  Noehl claims the court “lacked jurisdiction over his case”; the State’s amendments to the trial information “were not authorized by Iowa law”; and the court erred in “declining to hold an evidentiary hearing to determine jurisdiction.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Badding, P.J., Langholz, J., and Gamble, S.J.  Opinion by Gamble, S.J. (18 pages)

            Nessiah Clark appeals his convictions and sentences for assault while using or displaying a dangerous weapon, felon in possession of a firearm, assault while participating in a felony, intimidation with a dangerous weapon, and use of a dangerous weapon in commission of a crime.  OPINION HOLDS: We find the assault-with-a-dangerous-weapon sentence merges with the intimidation-with-a-dangerous-weapon sentence, vacate the assault sentence and the mandatory minimum on the intimidation-with-a-dangerous-weapon sentence, and remand for resentencing.  We otherwise affirm Clark’s convictions and sentences.

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (6 pages)

                Mathew Rohan Boon appeals after pleading guilty to third‑degree criminal mischief.  OPINION HOLDS: Because Boon failed to establish that he was not competent, we affirm his conviction and sentence.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Heard by Greer, P.J., Buller, J., and Doyle, S.J.  Chicchelly, J., takes no part.  Opinion by Greer, P.J.  (24 pages)

            Following a remand to the district court, we return to the resolution of a dispute involving neighboring landowners and the land use and zoning bodies of Cedar Rapids.  As to efforts to both amend the land use plan and rezone part of one property ahead of its sale, the landowners assert the city’s actions at various levels were arbitrary and capricious and, for those and other reasons, the land use amendments passed are invalid.  OPINION HOLDS: Because our review of a city’s land use and zoning decision is limited, we find the landowners did not make the requisite showing to provide the relief they request.  We affirm the district court’s ruling annulling the writs of certiorari. 

    Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (7 pages)

    Michael Cruzen appeals his conviction for tampering with a witness, alleging the State failed to prove that he threatened a witness in a pending case against him during a phone call.  He also complains that the court refused to define “threat” for the jury.  OPINION HOLDS: Because substantial evidence supported the jury’s verdict and defining “threat” was unnecessary, we affirm Cruzen’s conviction.
 

    Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Heard by Tabor, C.J., Greer, J., and Danilson, S.J.  Opinion by Tabor, C.J. (24 pages)

    After a seven-day trial, a jury convicted Robert Miller III of vehicular homicide by operating while intoxicated (OWI) and serious injury by vehicle by OWI.  On appeal, Miller claims that the district court erred in denying his motion to suppress because police unconstitutionally searched his hospital rooms and then included information from those searches—and omitted other material evidence—in the warrant application for a sample of his blood.  He also claims that the State failed to lay proper foundation under Iowa Code section 321J.11(1) for admission of his alcohol test result because it did not show that a nurse used “new equipment” to draw his blood.  OPINION HOLDS: Finding the district court properly admitted evidence of Miller’s blood alcohol content, we affirm.
 

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  THEFT CONVICTION AND HABITUAL-OFFENDER JUDGMENT AFFIRMED; SENTENCE VACATED; REMANDED FOR FURTHER PROCEEDINGS.  Considered by Buller, P.J., Sandy, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (14 pages)

            A defendant appeals his conviction and sentence for second-degree theft.  He argues the district court erred in (1) denying his motion for directed verdict when the State had presented insufficient evidence to convict him, (2) allowing the prosecutor to burden shift by questioning him on his failure to produce a bill of sale and later commenting on that failure during closing, (3) failing to comply with habitual-offender stipulation requirements such that his stipulation to his prior convictions was not knowing and voluntary, (4) failing to provide any reason supporting its consecutive sentence order, and (5) refusing to set a hearing on the defendant’s challenge to restitution.  OPINION HOLDS: We affirm the defendant’s conviction but vacate the judgment on his habitual-offender enhancement, vacate his sentence, and remand to the district court for proceedings consistent with this opinion.

            Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

            Doren Walker appeals the district court’s denial of his application for modification of the sex offender registry.  Walker argues the district court abused its discretion in focusing on the nature of the offense without considering whether he is currently at risk to reoffend.  OPINION HOLDS: Finding the district court exceeded the scope of its discretion, we vacate the district court’s decision and remand with instructions to grant Walker’s application. 

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (10 pages)

            Juan Nino-Estrada appeals the summary dismissal of his second application for postconviction relief (PCR) following his 2015 convictions for two counts of first-degree murder, one count of attempted murder, and one count of willful injury.  The district court concluded Nino-Estrada’s application was time-barred, which Nino-Estrada challenges, arguing the court misapplied the summary-judgment standards when deciding whether he established a ground-of-fact exception that would allow him to bring his PCR application outside the statute of limitations.  OPINION HOLDS: Even viewing the record in the light most favorable to Nino-Estrada, he cannot establish that the alleged recantations of Erika and Flaco are new grounds of fact that he could not have raised within the limitations period.  For this reason, his second PCR application is time-barred and summary judgment is appropriate. 

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

    A bar owner challenges the dismissal of his petition alleging the city manager violated the law by sending police to his establishment.  The district court found the bar owner’s allegations too vague to meet the heightened pleading standard in Iowa Code section 670.4A(3) (2022).  OPINION HOLDS: Like the district court, we find that the bar owner’s petition failed to “state with particularity the circumstances constituting the violation” and affirm its dismissal.