2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Patrick Sallis appeals the denial of his motion to suppress evidence supporting his conviction for possession of a firearm as a felon and habitual offender.  OPINION HOLDS: The information in the application for the search warrant was timely and provided a sufficient nexus between criminal activity and the places to be searched.  When viewed together, the circumstances before the district court that issued the warrant provide a sufficient basis for finding the informant’s information was credible.  Because probable cause supported the search warrant, we affirm.

          Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J. (11 pages)

           Donnelle Thomas appeals his convictions and sentences, claiming the district court violated his right to a speedy trial, there was insufficient evidence to find him guilty of possession of a firearm by a felon and possession of marijuana, and the district court abused its sentencing discretion.  OPINION HOLDS: Upon review, we affirm Thomas’s convictions, but we vacate the sentencing order and remand for resentencing.

            Appeal from the Iowa District Court for Clinton County, John Telleen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            George Prentiss III appeals the summary dismissal of his fifth application for postconviction relief (PCR) following his 2002 convictions for first-degree murder and first-degree robbery.  He argues summary disposition was not appropriate because he created a genuine issue of material fact regarding whether his application contained newly-discovered evidence that would except it from the three-year time-bar.  OPINION HOLDS: Because Prentiss failed to raise a new ground of fact that allows him to avoid the statute of limitations, his fifth PCR application is time-barred and summary disposition was appropriate. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (8 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 and prosecutorial misconduct.  OPINION HOLDS: We affirm the denial of this application for postconviction relief.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (12 pages)

            Joe Lopez appeals the denial of his application for postconviction relief (PCR.)  He contends new scientific evidence on shaken baby syndrome and abuse head trauma undermines his conviction.  And he argues his criminal trial counsel was ineffective by (1) not challenging prior bad acts testimony and (2) not marshalling scientific data to rebut the State’s expert witnesses.  OPINION HOLDS: Lopez did not raise the second ineffective-assistance claim before the PCR court, so we do not address it.  We find his newly discovered evidence claim and his bad-acts ineffectiveness challenge lack merit.  So we affirm denial of PCR. 

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            Erik Davila appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because he failed to prove the prejudice element of his ineffective-assistance claim, we affirm the district court’s denial of his application for postconviction relief.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (22 pages)

            Appellants challenge the district court decision annulling a writ of certiorari.  OPINION HOLDS: The district court applied the correct standard in reviewing the county board’s actions, the rezoning is not inconsistent with the county comprehensive plan, the overlay district established by the rezoning does not violate the uniformity requirement of Iowa Code section 335.4 (2022); the board decision is not an illegal zoning of agricultural property under section 335.2; the board decision does not violate Linn County Ordinance section 107-68(3)(g), Linn County Ordinance section 107-70(1)(i) does not illegally alter the county comprehensive plan; the rezoning is not a taking of the appellants’ property, and the rezoning is not illegal.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A criminal defendant challenges a suppression ruling, sufficiency of the evidence, and the sentence imposed.  OPINION HOLDS: We affirm, finding reasonable suspicion and probable cause for the stop, sufficient evidence for the conviction, and no abuse of sentencing discretion by the district court.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            A defendant appeals his conviction for assault causing serious injury.  OPINION HOLDS: The State presented substantial evidence to support the conviction and the district court did not abuse its discretion in overruling the defendant’s motion for a mistrial.  We affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (15 pages)

            An applicant appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because we find that none of the errors alleged constituted a breach of duty, Keys has failed to demonstrate ineffective assistance of his trial counsel.  And because Keys has not demonstrated a breach of his trial counsel’s duty, his cumulative error claim also fails for lack of prejudice.  We affirm.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father appeals the termination of his parental rights under Iowa Code chapter 600A (2023), arguing the mother failed to prove he abandoned the child, and that termination of his parental rights was in the child’s best interest.  OPINION HOLDS: Because the mother proved the father abandoned the child and that termination of the father’s parental rights is in the child’s best interest, we affirm.

            Appeal from the Iowa District Court for Palo Alto County, Carl J. Peterson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J. (14 pages)

            Julius De Vonte Blakeley appeals his convictions, contending insufficient evidence supports the domestic abuse assault conviction and the State violated his constitutional right to speedy trial.  OPINION HOLDS: Because we find sufficient evidence supports the domestic abuse assault conviction and we further find that his speedy‑trial right was not violated, we affirm Blakeley’s convictions.