2024 Archive | Court of Appeals Court Opinions

            Certiorari to the Iowa District Court for Marshall County, John J. Haney, Judge.  WRIT ANNULLED.  Considered by Badding, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            David Robbins petitions for writ of certiorari regarding denial of his request for a determination of his reasonable ability to pay restitution.  OPINION HOLDS: Finding Robbins failed to properly present any claim for our review, we annul the writ of certiorari.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (24 pages)

            Odol Othow appeals his convictions for attempted murder, intimidation with a dangerous weapon, and willful injury causing serious injury.  OPINION HOLDS: Because we find that the district court did not err in overruling Othow’s motion to sever his trial from Owo Bol and Thon Bol, that the district court did not err in admitting the recorded statements of two other co-defendants even though they were severed from the trial, and substantial evidence supports the verdict, we affirm Othow’s convictions.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (6 pages)

            David Hirvela appeals the district court’s sentencing decision, arguing that the court improperly considered only a single factor and failed to consider the best sentencing option for rehabilitation.  OPINION HOLDS: Because the district court considered permissible sentencing factors including the nature of the offense in deciding Hirvela’s sentence, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Heard by Bower, C.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (23 pages)

            Fredrick Williams appeals his convictions for first-degree murder and abuse of a corpse, challenging evidentiary rulings and the sufficiency of the evidence supporting the verdicts.  OPINION HOLDS: Because we find the most of challenged statements are either non-hearsay or fall under the exception to the rule against hearsay for then-existing mental, emotional, or physical conditions; the probative value of the evidence of prior bad acts on the issue of intent is not substantially outweighed by the danger of unfair prejudice or proof that Williams had a bad character or propensity for violence; that the few pieces of admitted hearsay evidence did not affect Williams’s substantial rights; and because we find substantial evidence supports both convictions, we affirm.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Jordan Sanford appeals from the district court’s finding that he is a sexually violent predator, arguing his attorney was ineffective for failing to challenge the basis for an expert’s opinions.  OPINION HOLDS: Even if we were to assume without deciding that Sanford’s counsel had a duty to raise the issue, we find no prejudice and affirm.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister and Jeanie Vaudt, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (14 pages)

            Carter Woodruff appeals his convictions for assault causing bodily injury, lascivious acts with a child, and assault while participating in a felony.  OPINION HOLDS: We affirm the district court’s denial of Woodruff’s request for a Franks hearing based on his claim the search warrant application for his tablet contained false and misleading information.  We also affirm the denial of his motion to suppress information obtained from the tablet.  We determine Woodruff’s convictions for assault causing bodily injury and assault while participating in a felony should be merged.  We find the district court did not give adequate reasons for making the sentences in this case consecutive to a probation revocation matter.  We affirm in part, reverse in part, and remand for resentencing.

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Vogel, S.J.  Chicchelly, J., takes no part.  Opinion by Vogel, S.J.  (11 pages)

            Stephanie Eakes appeals the denial of her application for postconviction relief (PCR), arguing the district court erred in rejecting her claim that the sentence imposed on her felony conviction was improperly treated as running consecutively to the sentence imposed on a prior conviction for which she was on parole when she committed the new offense.  Also submitted with this appeal for our consideration is the State’s motion to dismiss the appeal as moot.  OPINION HOLDS: We deny the State’s motion to dismiss but affirm the denial of Eakes’s PCR application on the merits. 

            Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner and Patrice Eichman, District Associate Judges.  CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART; SENTENCES AFFIRMED IN PART AND VACATED IN PART; ORDER FOR FIREARM PROHIBITION VACATED; AND CASE REMANDED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Bower, C.J. (15 pages)

            Ryan Richter appeals the denial of his motion to suppress and the entry of an order for firearm prohibition.  As to the motion to suppress, Richter argues the seizure and search of his vehicle was unconstitutional under the federal and state constitutions because a police officer’s acts of entering his vehicle and moving it were not justified by the public servant branch of the community caretaking exception to the warrant requirement.  As to the firearm prohibition, Richter argues the court was without statutory authority to impose it and it violates his constitutional right to bear arms under the federal and state constitutions.  OPINION HOLDS: We reverse the district court’s denial of Richter’s motion to suppress, reverse the marijuana conviction, vacate the sentence imposed on that conviction, and remand for further proceedings.  Because the firearm prohibition was premised solely on the marijuana conviction, we likewise vacate the separate order for firearm prohibition. 

            Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Jared Owens appeals the denial of his application for postconviction relief (PCR).  Owens raises claims of prosecutorial misconduct and ineffective assistance of counsel.  OPINION HOLDS: Because Owens pleaded guilty part way through his criminal trial, he waived challenges to errors not intrinsic to his plea and cannot directly raise his claim of prosecutorial misconduct.  Owens cannot establish any of his claims of ineffective assistance of counsel because trial counsel had no duty to make a meritless objection to claimed prosecutorial misconduct, and Owens did not establish prejudice regarding his other claims.

            Appeal from the Iowa District Court for Shelby County, Jeffrey L. Larson, Judge.  REVERSED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (8 pages)

            Susan Ronnfeldt appeals the district court’s dismissal of her medical malpractice action.  OPINION HOLDS: Because the district court’s orders dismissing Ronnfeldt’s claims were based in part on a judgment subsequently reversed, we reverse.   

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Johnny Mack Hill Jr. appeals from his conviction for attempted murder, arguing the evidence is insufficient to support his conviction.  OPINION HOLDS: Finding the evidence sufficient for the jury to conclude both that Hill set in motion a force or chain of events that would cause or result in death and that he specifically intended to cause death, we affirm.

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A plaintiff appeals from an adverse verdict in an automobile accident case.  OPINION HOLDS: Finding error was not preserved due to an inadequate offer of proof, we affirm.