2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Buller, J.  (11 pages)

            Three beneficiaries appeal a ruling on their objections to an executor’s final report.  OPINION HOLDS: Because we find that the siblings entered into the Family Settlement Agreement (FSA) before their interests vested and that after the deaths of two of the parties their beneficiaries became necessary parties to the agreement, the FSA is invalid, and the property should not have been distributed based on its terms.  But we reverse and remand for additional evidence of the validity of the will that preceded the FSA.  We issue no ruling on the accounting issue not properly before us, and we affirm the portion of the ruling addressing self-dealing.

            Appeal from the Iowa District Court for Montgomery County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A games supplier appeals the district court ruling regarding the end of its contractual relationship with an arcade business.  OPINION HOLDS: The supplier’s contract repudiation predates any arguable breach, and we affirm.

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (5 pages)

            Andrew Thomas appeals his conviction for assault causing bodily injury, claiming there was insufficient evidence to prove that he engaged in “an act intended to cause pain or suffering or be insulting or offensive.”  OPINION HOLDS: We affirm, concluding substantial evidence supports the jury’s verdict.

            Appeal from the Iowa District Court for Johnson County, Jeffrey D. Bert, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Defendants appeal the district court order reversing summary judgment.  OPINION HOLDS: Because the plaintiff does not allege fraud in the inducement as to the contract’s two-year limitation provision, we conclude his claims are barred.  Accordingly, we reverse and remand for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  WRIT SUSTAINED AND REMANDED.  Considered by Greer, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Sara Jo Weisbeck, through writ of certiorari, challenges the district court’s imposition of restitution following her convictions for one count of identity theft and one count of insurance fraud.  She argues restitution is not causally related factually or within scope of liability and that evidence does not support the amount of restitution ordered.  OPINION HOLDS: Upon our review, we affirm the district court’s finding that an award of restitution was factually related and within the scope of liability, but we reverse and remand for determination of the proper amount of restitution. 

            Appeal from the Iowa District Court for Polk County, Kimberly J. Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Hser Nay Thaw appeals his conviction for third-degree burglary, contending insufficient evidence supports the conviction and his trial counsel was ineffective.  OPINION HOLDS: Because the conviction is supported by substantial evidence and we cannot consider ineffective-assistance claims on direct appeal, we affirm.

            Appeal from the Iowa District Court for Linn County, Paul D. Miller (good cause finding) and Andrew Chappell (motion to set aside good cause finding, motion to dismiss, and trial), Judges.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  Buller, J., takes no part. (11 pages)

            Dimione Jamal Walker appeals his convictions, contending the State violated his constitutional right to speedy trial, the prosecutor impermissibly struck a prospective juror, and the trial court abused its discretion by admitting prejudicial evidence.  OPINION HOLDS: Because we find Walker failed to show that the State violated his speedy-trial right, the prosecutor did not exercise a peremptory challenge based on a prospective juror’s race, and the probative value of the challenged evidence was outweighed by its prejudicial effect, we affirm.

            Appeal from the Iowa District Court for Boone County, Bethany Currie, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Randall Bielfelt appeals the district court’s grant of summary disposition to the State on one postconviction-relief claim, arguing he received ineffective assistance of counsel because trial counsel failed to investigate a prior allegation of sexual abuse.  He also appeals the denial of his application for postconviction relief on his second claim, arguing he received ineffective assistance of counsel because trial counsel failed to consult an expert.  OPINION HOLDS: Because this court has already decided Bielfelt suffered no prejudice from the admission of the evidence Bielfelt claims his trial counsel should have investigated, trial counsel did not fail to perform an essential duty by not consulting an expert, and no prejudice resulted from failing to consult an expert, we affirm.

            Appeal from the Iowa District Court for Linn County, Valerie L. Clay, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Buller, J.  (15 pages)

            A credit union and its attorneys seek certiorari review following an award of sanctions for failing to adequately investigate claims made in pleadings.  OPINION HOLDS: Because the district court did not abuse its discretion, we annul the writ and allow the order for sanctions to stand.

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Christian Goyne-Yarns appeals his conviction for murder in the first degree of Shelby Woizeschke.  He seeks a new trial, challenging the strength of the State’s proof and a ruling excluding evidence of a handgun, tested at the state crime laboratory but ruled out as the murder weapon.  OPINION HOLDS: Because the State offered overwhelming evidence of Goyne-Yarns’s guilt, we affirm.  And even if we assume exclusion of the gun evidence was erroneous, it was harmless error. 

            Appeal from the Iowa District Court for Black Hawk County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Tracy Adam Thompson appeals the denial of his application for postconviction relief after pleading guilty to one count of possession of methamphetamine, third or subsequent offense, a class “D” felony.  OPINION HOLDS: Because Thompson has not met his burden of proving ineffective assistance of counsel, we affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Muzammil Ali appeals the denial of his application for postconviction relief.  OPINION HOLDS: The postconviction court properly applied the law when it found counsel did not breach any duty by failing to inform Ali of a collateral consequence of pleading guilty.  Because Ali has not shown his trial counsel provided ineffective assistance, we affirm the denial of postconviction relief.