2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (7 pages)

            Dayton Elliott appeals his criminal convictions, challenging the sufficiency of the evidence.  OPINION HOLDS: We affirm, concluding there was substantial evidence to support the State’s aiding-and-abetting theory of criminal liability and the marshalling instruction for assault causing serious injury authorized the jury to reach a guilty verdict with aiding and abetting serving as the act causing serious injury. 

            Appeal from the Iowa District Court for Grundy County, Joel Dalrymple, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Ahlers and Chicchelly, JJ.  Buller, J., takes no part.  Opinion by Tabor, P.J.  (12 pages)

            Michael Lang appeals his convictions for first-degree murder, attempted murder, and assault on a peace officer with intent to inflict serious injury.  He contends the trial court erred and violated his constitutional right to raise a defense when it refused to give a jury instruction on justification.  OPINION HOLDS: We find Lang’s argument, as raised on appeal, was not preserved in the district court.  So we affirm.  

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (13 pages)

            Robert Peterson appeals from his conviction and sentence for arson in the second degree.  He argues the district court improperly admitted opinion testimony and bad-acts evidence and the court abused its discretion in sentencing him to a ten-year term of incarceration.  OPINION HOLDS: The court acted within its discretion in admitting all challenged evidence and imposing the sentence.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Buller, JJ.  Opinion by Tabor, J.  (13 pages)

            Chanjuok Odhung appeals the denial of his application for postconviction relief (PCR), asserting two claims of ineffective assistance: (1) failure to protect his right to an impartial jury by raising a fair-cross-section challenge and (2) failure to be more specific in moving for judgment of acquittal.  In a third claim, Odhung seeks retrial based on newly discovered evidence—an affidavit provided by his alleged accomplice stating Odhung was not involved in the planning and execution of the bank robbery.  OPINION HOLDS: On the ineffective-assistance-of-counsel claims, Odhung failed to prove prejudice stemming from the performance of his trial or PCR attorneys.  As for the newly discovered evidence, we share the PCR court’s view that it did not warrant a new trial.  We thus affirm the denial of relief.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Heard by Tabor, P.J., Buller, J., and Doyle, S.J.* Opinion by Buller, J.  (23 pages)

A defendant appeals his two convictions for involuntary manslaughter.  He claims the State committed a Brady violation and failed to provide sufficient evidence to support his convictions.  He also asserts those convictions went against the weight of the evidence and the jury’s verdicts were inconsistent.  OPINION HOLDS: Because we find no Brady violation, substantial evidence supported the convictions, the verdicts were not inconsistent, and the convictions were not against the weight of the evidence, we affirm.

            Appeal from the Iowa District Court for Linn County, Angie Johnston, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (10 pages)

            Rayshawn Cribbs appeals his conviction for operating while intoxicated, asserting the court erred in denying his motion in limine and contending there is insufficient evidence to sustain the conviction.  OPINION HOLDS: Finding no abuse of discretion in the court’s evidentiary ruling and substantial evidence supports the jury’s verdict, we affirm.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Frederick Babino appeals the denial of his third application for postconviction relief (PCR) following his convictions for first-degree murder and first-degree robbery in 2000.  Babino argues the district court should have granted his application because of newly discovered evidence that one of the jurors in his underlying criminal trial failed to admit knowing Babino’s co-defendants, suggesting implicit bias on the part of that juror.  The State responds that Babino’s application is time-barred because he failed to assert a new ground of fact that could not have been raised within the statute of limitations so we need not reach the merits of his substantive claim.  OPINION HOLDS: While Babino’s third PCR application was not time-barred, he failed to establish the underlying facts necessary to suggest implicit bias on the part of Juror 2.  Like the district court, we cannot say Babino has shown that a new trial is warranted. 

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (24 pages)

            Scott Hampe appeals the district court’s grant of summary judgment in favor of his employer and its occupational testing service on his statutory claims under Iowa Code section 730.5 (2019) and common- law claims of fraud, invasion of privacy, conspiracy, and reckless disregard, all arising out of a private employer drug test.  OPINION HOLDS: We affirm the entry of summary judgment for the testing service on all claims raised by Hampe.  As to the employer, we affirm summary judgment on all claims except the claims that it violated the testing pool requirements of section 730.5(8)(a), the supervisor training requirements in section 730.5(9)(h), and the uniform disciplinary policy required by section 730.5(9)(b).  We find that genuine issues of material fact remain on those claims, which we remand to the district court for further proceedings.

            Appeal from the Iowa District Court for Black Hawk County, James D. Coil, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            Jacob Denniston appeals after a jury found him guilty of indecent exposure for masturbating in a public place.  OPINION HOLDS: Because substantial evidence supports the jury’s finding that Denniston was masturbating in a public place and Denniston failed to preserve error on his challenge to the weight of the evidence, we affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  CONVICTION CONDITIONALLY AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (9 pages)

            Corey Fenton appeals his conviction and sentence for solicitation of commercial sexual activity.  OPINION HOLDS: Because the district court did not abuse its discretion by admitting a photo into evidence and substantial evidence supports the jury’s verdict, we conditionally affirm Fenton’s conviction.  But the district court applied the incorrect standard in ruling on Fenton’s motion for new trial and imposed an illegal sentence by requiring Fenton to complete the sex offender treatment program as a term of his sentence.  We therefore remand to the district court for further proceedings. 

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            Tony Orr Jr. appeals his convictions and sentences for intimidation with a dangerous weapon, going armed with intent, and person ineligible carrying a dangerous weapon.  He argues (1) there was insufficient evidence to support his identification as the shooter, (2) the jury instruction regarding going armed with intent was a misstatement of the law, and (3) based upon the erroneous jury instruction the sentences for going armed with intent and intimidation with a dangerous weapon should have merged at sentencing.  OPINION HOLDS: (1) sufficient evidence supports the jury verdicts; (2) error was not preserved as to the jury instruction and cannot be considered; and (3) going armed with intent is not a lesser included offense of intimidation with a dangerous weapon and need not be merged.  We affirm the convictions and sentences.

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Danilson, S.J. Opinion by Buller, J.  (8 pages)

            An adult appeals the appointment of a guardian and conservator.  OPINION HOLDS: Because substantial evidence supports the district court’s findings as to the adult’s incapacity and a limited guardianship or conservatorship would be inadequate, we affirm.