2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Joshua Mitchell appeals the denial of his second application for postconviction relief after pleading guilty to two counts of second-degree sexual abuse.  OPINION HOLDS: Mitchell is barred from relitigating his challenge to the knowing and intelligent nature of his guilty pleas, and he has not met his burden of showing actual innocence. 

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Chicchelly, J.  Langholz, J., takes no part.  (12 pages)

            On interlocutory appeal of the order denying its motion for partial summary judgment, the State contends the district court erred by finding a document signed by Katherine Avenarius did not express a clear intent to waive personal injury claims resulting from the defendant’s negligence.  OPINION HOLDS:  Because the document does not express an intent to release the State from liability for claims related to its own negligent acts, either in the express language used or the context provided, the district court properly denied the State’s motion for partial summary judgment.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (12 pages)

            Anthony Stock appeals his convictions for first-degree burglary, first-degree robbery, conspiracy to commit a forcible felony, and going armed with intent, challenging the sufficiency of the evidence underlying the convictions and the district court’s denial of his motion for a mistrial.  OPINION HOLDS: Because we find substantial evidence supports the convictions and Stock failed to object and preserve error on his motion for a mistrial, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Jeffrey L. Poulson, Jeffrey A. Neary, and Patrick H. Tott, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (21 pages)

            Justin Lee Borchers appeals his convictions for introducing controlled substances into a jail and possession of controlled substances.  He contends there was insufficient evidence that he introduced the substances into the jail; his waiver of counsel was not knowing, intelligent, and voluntary; the court should have granted his motion to suppress; the court should have ordered a competency evaluation; and the court should have found him incompetent to represent himself.  OPINION HOLDS: We find substantial evidence does not support his convictions for introducing substances into the jail.  We reverse and remand for dismissal of those charges.  But because his other claims fail, we affirm his convictions for possession of controlled substances.  We also remand for resentencing on the remaining convictions.

            Appeal from the Iowa District Court for Appanoose County, Lucy J. Gamon, Judge.  AFFIRMED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (9 pages)

            Matthew Steen appeals the district court’s ruling granting Mallory Logston physical care and the dependency tax exemption and setting his visitation rights.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (11 pages)

            Gustavo Huerta appeals his convictions and sentences after a jury found him guilty of sexual exploitation of a minor and enticing a minor.  OPINION HOLDS: I. Substantial evidence supports the finding that Huerta exchanged messages with a person under the age of sixteen, supporting his conviction for enticing a minor.  Substantial evidence also supports a finding that Huerta caused or attempted to cause a minor to engage in the display of nudity, supporting his conviction for sexual exploitation of a minor.  Because substantial evidence supports his sexual-exploitation conviction under both theories alleged by the State, we do not address Huerta’s constitutional challenge to Iowa Code section 814.28 (2020).  II. The district court exercised its discretion in sentencing Huerta to consecutive sentences.

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (12 pages)

            A defendant appeals his conviction for possession of marijuana.  OPINION HOLDS: Because the court denied Willform his right to self-representation guaranteed by the Sixth Amendment, we must reverse and remand for a new trial on his conviction for marijuana possession. 

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Gary Wise appeals the denial of his application for postconviction relief.  He argues trial counsel provided ineffective assistance because he investigated no defense and “bullied” Wise into waiving a jury trial.  Wise also alleges that he was prejudiced by the subpar performance of his postconviction-relief counsel.  OPINION HOLDS: Wise failed to show that trial counsel breached a material duty in the criminal case and failed to show postconviction-relief counsel’s performance resulted in prejudice in those proceedings.  So we affirm the denial of relief. 

            Appeal from the Iowa District Court for Polk County, Michael Huppert, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, and Potterfield, S.J.* Opinion by Schumacher, P.J.  (7 pages)

            An applicant appeals the denial of his application for postconviction relief, arguing ineffective assistance of counsel.  OPINION HOLDS: Because we conclude that the applicant’s trial counsel did not breach an essential duty and the applicant cannot demonstrate prejudice, we affirm.

            Appeal from the Iowa District Court for Crawford County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            Matthew Oney appeals the jury’s guilty verdicts claiming there is insufficient evidence to identify him as the perpetrator.  OPINION HOLDS: We find substantial evidence supports the jury’s verdicts and affirm.

            Appeal from the Iowa District Court for Adair County, Scott J. Beattie, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (6 pages)

            Elijah Daniel Davis appeals his conviction and sentence, contending that there is insufficient evidence supporting his conviction for homicide by vehicle and the district court abused its discretion when sentencing him for child endangerment.  OPINION HOLDS: Because substantial evidence supports the verdict, we affirm his conviction for homicide by vehicle.  But because the district court abused its discretion when imposing the fine for child endangerment, we vacate this portion of the sentence and remand for resentencing on this issue.

No. 22-2040   STATE v. BARNES

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J. (3 pages)

            A criminal defendant appeals his sentence following conviction for eleven burglary-related offenses.  OPINION HOLDS: The district court considered its sentencing options before imposing a term of imprisonment and did not abuse its discretion.