2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  APPEAL DISMISSED.  Considered by Badding, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            After pleading guilty to possession of a controlled substance with intent to deliver (lorazepam), an aggravated misdemeanor, and failure to possess a tax stamp, a class “D” felony, Donta Hale maintains the district court should have allowed him to withdraw his guilty pleas.  OPINION HOLDS: Hale has not established good cause to invoke this court’s jurisdiction.  We dismiss his appeal.

            Appeal from the Iowa District Court for Polk County, Heather Lauber (guilty plea) and William P. Kelly (sentencing), Judges.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Spencer Smith pleaded guilty to homicide by vehicle by operating a motor vehicle while under the influence and serious injury by vehicle by operating a motor vehicle while under the influence.  He was sentenced to serve his two sentences consecutively.  Smith now appeals, contending he was coerced into pleading and the district court considered an impermissible factor during his sentencing.  OPINON HOLDS: We do not have authority to consider Smith’s claim his plea was involuntary and the district court committed no error in sentencing.  We affirm.

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            Williams appeals the grant of summary disposition and dismissal of his most recent postconviction relief application (PCR).  He contends that the jury that was discharged due to a mistrial was the same jury at the second trial that returned his guilty verdict.  He also contends that the judge from the mistrial should not have been the judge at the second trial.  He claims his trial counsel was ineffective for failing to object to those events.  Finally, he argues that the PCR court erred when it failed to comply with the procedures in Iowa Code section 822.6 (2021).  OPINION HOLDS: Upon our review, we find Williams’ arguments not supported by the record and affirm.

Appeal from the Iowa District Court for Keokuk County, Crystal S. Cronk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (24 pages)

            An employee appeals the district court’s grant of summary judgment in an age- and disability-discrimination, retaliation, and hostile-work-environment case.  OPINION HOLDS: Because we find fact questions remain on the discrimination claims, we reverse the district court’s grant of summary judgment as to those issues and affirm on all other claims.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J. (8 pages)

            Tre Worden appeals, challenging the denial of his motion to suppress by asserting an unlawful seizure and the sufficiency of the evidence for his conviction for interference with official acts resulting in bodily injury.  OPINION HOLDS: Finding he was lawfully seized and the evidence was sufficient to support his conviction, we affirm. 

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (3 pages)

            Timothy Spencer attempts to appeal his convictions for robbery in the second degree and theft in the first degree from an older individual.  OPINION HOLDS: Because Spencer does not have good cause to appeal, we dismiss the appeal.

            Appeal from the Iowa District Court for Worth County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J. (14 pages)

            Trapp Trotter appeals the district court ruling rejecting his fair-cross-section challenge to the jury that convicted him of attempted murder and criminal trespass.  He contends the district court erred in finding he failed to satisfy his burden to prove there was systematic exclusion of a distinctive group from the jury pool.  OPINION HOLDS: On our review, we find Trotter failed to produce evidence of systematic exclusion.  So we affirm.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J. (5 pages)

            A defendant challenges his sentence for willful injury causing bodily injury, arguing the court abused its discretion in ignoring his mental health and substance use.  OPINION HOLDS: Because the court considered all the pertinent information and sentencing factors, we observe no abuse of discretion and affirm. 

            Appeal from the Iowa District Court for Hardin County, Jennifer Miller, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J. (13 pages)

            Osborn Gavel challenges his conviction for first-degree murder.  OPINION HOLDS: Because the State presented substantial evidence that Gavel acted willfully, deliberately, premeditatedly and with a specific intent to kill the victim when he struck him four times with a crowbar and the district court did not err in interpreting our rules of criminal procedure to not require ordering deposition of an rebuttal expert witness nor abuse its discretion in denying Gavel’s motion to compel, we affirm Gavel’s conviction.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (8 pages)

            Deronta Jamison Jr. appeals his sentence following his guilty plea to second-degree robbery.  OPINION HOLDS: We conclude Jamison was not entitled to an individualized hearing to consider the factors associated with juvenile offenders because no minimum sentence was imposed.  The court did not abuse its discretion in sentencing him to a term of imprisonment.  We affirm Jamison’s sentence.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A party challenges the district court’s determination that both a petition in probate and a claim in probate could not proceed and that the party failed to meet the burden necessary for promissory estoppel.  The party also challenges the district court’s denial of the request to dismiss a claim about a right of first refusal and the court’s determination that the petition in probate failed to correctly name the defendants.  OPINION HOLDS: We determine the claim in probate and petition in probate are mutually exclusive under Iowa Code section 633.415(2) (2022) and there was a failure to present strict proof of promissory estoppel.  Given this determination, we do not address the other issues on appeal.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Linn County, Angie Johnston, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (13 pages)

            Paternal grandparents and the children for whom they were appointed guardians appeal the termination of the voluntary guardianship after the mother withdrew her consent.  OPINION HOLDS: On our de novo review, giving weight to the court’s thoughtful and well-supported factual findings, we agree that the guardians and children failed to meet their burden to prove by clear and convincing evidence that terminating the guardianship would cause the children physical harm or significant, long-term emotional harm sufficient to carry their burden under the rigorous harm standard.