2024 Archive | Court of Appeals Court Opinions

            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.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Badding, P.J., Langholz, J., and Danilson, S.J.  Opinion by Badding, P.J.  (13 pages)

            A husband appeals the decree dissolving his marriage, claiming the district court abused its discretion in allowing his wife to amend her pleading to request physical care and sanctioning him for discovery violations.  He also claims the court erred in determining physical care without considering the child’s best interests and dividing the parties’ property.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: We affirm the dissolution of the parties’ marriage, grant of joint legal custody, and division of property, but we reverse the district court’s order placing the minor child in Kelsey’s physical care.  We remand for the prompt conduct of a new evidentiary hearing before a new judicial officer on the issues of physical care, visitation, and child support.  Both parties’ request for appellate attorney fees are denied.

Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (14 pages)

            Michael Glynn appeals his convictions for first-degree arson, possession of ammunition by a prohibited person, and third-degree burglary.  He challenges the district court’s denial of his motion to change venue and the sufficiency of the evidence supporting his convictions.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  APPEAL DISMISSED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Kenneth Smith appeals an interlocutory district court order staying enforcement of a workers’ compensation award pending judicial review under Iowa Code section 17A.19(5) (2023) and refusing to enter judgment on the award under section 86.42.  While this interlocutory appeal was pending, the district court reversed and remanded the award to the workers’ compensation commissioner.  OPINION HOLDS: Because the judicial review proceeding ended while this interlocutory appeal was pending and the workers’ compensation award has now been reversed and remanded, this appeal is moot.  Any ruling in this case would not affect either party.  And this appeal does not satisfy the public importance exception to mootness because deciding this appeal would provide little additional guidance on the law governing stays and enforcement of workers’ compensation awards during judicial review proceedings.

            Appeal from the Iowa District Court for Harrison County, Craig M. Dreismeier, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Considered by Badding, P.J., Langholz, J., and Mullins, S.J.  Opinion by Badding, P.J.  (13 pages)

            A father appeals the decree dissolving his marriage, arguing the district court erred in placing his children in their mother’s physical care.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: On our de novo review of the record, we modify the decree to place the children in the father’s physical care.  We remand the matter to the district court to determine the mother’s visitation and child support.  We deny both parties’ requests for appellate attorney fees.