2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (15 pages)

            Jason Tate appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm, finding Tate has not established that (1) he was prejudiced by trial counsel’s alleged failure to communicate a plea offer; (2) trial counsel breached an essential duty by failing to sever two of his charges; (3) he was prejudiced by the defense expert witness’s failure to examine the weapon used in the shooting; (4) he was prejudiced due to a juror being shown on television; (5) trial counsel had an actual conflict of interest; and (6) the cumulative effect of these errors resulted in prejudice.

            Appeal from the Iowa District Court for Woodbury County, Timothy T. Jarman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

Following her conviction for operating while intoxicated, Victoria Dawdy appeals the denial of her motion to suppress, claiming the warrant authorizing a blood draw was not supported by probable cause in violation of the federal and state constitutions.  OPINION HOLDS: The totality of the facts in the warrant application would allow a person of reasonable prudence to believe that Dawdy was operating while intoxicated.  The issuing magistrate therefore had a substantial basis to conclude probable cause existed.  We accordingly affirm the district court’s denial of Dawdy’s motion to suppress.

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Akuk Akok appeals the denial of his applications for postconviction relief, claiming his trial counsel were ineffective in two different cases.  OPINION HOLDS: We affirm. 

            Appeal from the Iowa District Court for Washington County, Shawn Showers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (4 pages)

A defendant appeals his convictions for possession of methamphetamine and being a person ineligible to carry dangerous weapons, arguing his constitutional rights were violated because the so-called search of his vehicle was not supported by probable cause.  OPINION HOLDS: Finding the defendant’s challenge to his convictions was not preserved, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (14 pages)

            Eric Hennings, in his official trustee and individual capacities, appeals the district court’s ruling denying his petition for authority to sell real estate belonging to the Herthel C. Uhl Revocable Trust to himself.  OPINION HOLDS: We affirm the district court’s denial of the petition for authority to sell real estate and remand with directions for the court to resolve the objecting beneficiaries’ request for appellate attorney fees and costs.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (10 pages)

            Defendant appeals his conviction for second-degree murder, asserting the district court should not have admitted certain evidence.  OPINION HOLDS: We conclude the district court did not abuse its discretion in admitting evidence of deceased cattle and farm equipment in disuse and disrepair.  And even if the admission of the evidence were in error, such admission was harmless in the face of overwhelming evidence of the defendant’s guilt.  We affirm.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A defendant appeals his convictions for operating while intoxicated, third offense, and interference with official acts causing bodily injury, challenging the denial of his motion in arrest of judgment.  OPINION HOLDS: Because the record contains a factual basis to support Trotter’s guilty pleas and Trotter failed to present clear and convincing evidence of his actual innocence, the district court did not abuse its discretion in denying his motion in arrest of judgment.  We affirm.

            Appeal from the Iowa District Court for Woodbury County, Mark Cord, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Langholz, J., and Carr, S.J.  Opinion by Langholz, J.  (6 pages)

            A mother appeals from the denial of her petition to terminate the parental rights of her son’s father because she failed to prove abandonment.  OPINION HOLDS: Given the relatively short period without contact and the medical condition that prevented the contact, we cannot say that the mother has met her heavy burden to prove abandonment by clear and convincing evidence.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  Dissent by Buller, J.  (9 pages)

            Christopher Kackley appeals his sentence, arguing the district court gave no explanation for sending him to prison.  OPINION HOLDS: The court’s omission prevents us from reviewing its exercise of discretion.  Under Iowa Rule of Criminal Procedure 2.23(3)(d), we vacate the sentence and remand for resentencing.  DISSENT ASSERTS: Because I would find the reasons for sentence in the written order were sufficient to permit appellate review and I am not convinced those written reasons were “boilerplate,” I dissent.

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            An applicant appeals the denial of postconviction relief, contending he was not adequately advised about a mandatory minimum and that counsel should have advocated differently at sentencing.  OPINION HOLDS: We affirm, rejecting the plea-advice claim on the merits and finding the sentencing challenge unpreserved.

            Appeal from the Iowa District Court for Carroll County, Derek Johnson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Raymond Miller appeals the denial of his application for postconviction relief, raising claims of ineffective assistance of trial and postconviction counsel.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Carr, S.J.  Schumacher, J., takes no part.  Opinion by Carr, S.J.  (8 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS: We find the termination is supported by clear and convincing evidence and is in the children’s best interests.  We affirm the decision of the juvenile court.