January 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (16 pages)

            A criminal defendant appeals his convictions for murder in the second degree, abuse of a corpse, and theft in the second degree.  He argues prosecutorial misconduct, challenges the jury instructions on territorial jurisdiction, and claims the district court abused its discretion in imposing consecutive rather than concurrent terms of incarceration.  OPINION HOLDS: Because the defendant cannot prove he was prejudiced by any alleged misconduct, error was not preserved on the territorial-jurisdiction claim, and the district court did not abuse its discretion in imposing consecutive sentences, we affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J. (6 pages)

            Randol Garcia appeals his sentence, alleging that the district court abused its discretion in sentencing him to a term of incarceration.  Garcia, a juvenile at the time of the commission of the offense, argues the court failed to fully consider mitigating factors when formulating the court’s sentencing decision.  OPINION HOLDS: Upon our review, we affirm Garcia’s sentence, finding no abuse of discretion by the district court.  

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, Judge.  REVERSED AND REMANDED.  Heard by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J. (7 pages)

            The State appeals the dismissal of its prosecution of Teara Cole after the district court found the State violated Cole’s right to speedy indictment.  The parties dispute the event by which Iowa’s speedy-indictment rule measures the permissible indictment window.  OPINION HOLDS: With the benefit of recent guidance from our supreme court, we conclude the district court erred by calculating the speedy-indictment window from the date of Cole’s arrest rather than the date of Cole’s initial appearance.   Accordingly, we reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (3 pages)

            A defendant challenges the sentences imposed following his guilty plea.  OPINION HOLDS: The district court did not abuse its discretion when making its sentencing determination.

            Appeal from the Iowa District Court for Cherokee County, John M. Sandy, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Sandy, J., takes no part.  Opinion by Greer, P.J.  (12 pages)

            Jeffrey Goodwin is a sexually violent predator committed to State care at the Civil Commitment Unit for Sexual Offenders (CCUSO); he brought a civil suit with four counts of negligence against the State based on allegations the State-employed psychologist who provided him mental-health treatment at CCUSO engaged in inappropriate sexual conduct with him during his weekly therapy sessions.  The State successfully moved for summary dismissal based upon the claim that Goodwin’s failure to enlist an expert and file a certificate of merit was fatal to his case under Iowa Code section 147.140 (2022).  Goodwin challenges that ruling on appeal, arguing an expert was not necessary to establish that engaging in sexual conduct with one’s mental-health patient was improper.  OPINION HOLDS: Because each of Goodwin’s four negligence claims require expert testimony to establish the standard of care and whether the psychologist’s alleged conduct violated that standard, he was required to file a certificate of merit within sixty days of the State’s answer.  His failure to do so mandates dismissal with prejudice; we affirm. 

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (4 pages)           

            James Troy Johnson appeals the sentence imposed by the district court after pleading guilty to possession of a controlled substance, third or subsequent offense.  OPINION HOLDS: Because we find the district court did not abuse its discretion when sentencing Johnson, we affirm.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            Cody Chandler appeals the district court’s award of costs following a defense verdict in Chandler’s personal-injury action.  Chandler claims the district court abused its discretion by taxing him the costs of an expert witness deposition, a portion of his own deposition, and an expert witness fee.  OPINION HOLDS: Upon our review, we affirm in part, reverse in part, and remand with directions.

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Jason Tyer appeals his sentence for domestic abuse assault, third offense.  OPINION HOLDS: Because the order sentencing Tyer to serve a term of no more than five years in prison with a minimum sentence of five years complies with the law, we affirm. 

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Telleen, S.J., takes no part.  Opinion by Schumacher, P.J.  (5 pages)

            Raul Ruiz Jr. appeals the summary dismissal of his fifth application for postconviction relief.  He claims summary disposition was not appropriate because he created a genuine issue of material fact on whether his application contained newly discovered evidence that would except it from the three-year time-bar.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Floyd County, Colleen Weiland, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A joint drainage district appeals the writ of mandamus prohibiting it from boring a drainpipe through a railroad embankment to increase surface water drainage in an adjacent culvert.  The sole question on appeal is whether federal law preempts the remedial action on the embankment.  OPINION HOLDS: Because the planned improvement affects railroad transportation under the unique facts of this case, the ICCTA expressly preempts the joint drainage district from undertaking it.  We therefore affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (5 pages)

            Quincy Jennings appeals his conviction for third-degree burglary, second offense, after a guilty plea, arguing that he was given a “deficient advisory regarding a Motion in Arrest of Judgment and its implications for [his] appellate rights” and thus that due process requires a remand to let him file such a motion.  OPINION HOLDS: We lack jurisdiction over this appeal following a guilty plea because Jennings’s conviction is not for a class “A” felony and Jennings has not established good cause.  We thus dismiss this appeal.

            Appeal from the Iowa District Court for Johnson County, Brandon Schrock, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            A defendant appeals his sentence following his guilty plea for participation in a riot, arguing that the trial court improperly considered unproven offenses or conduct in its sentencing.  OPINION HOLDS: Finding no abuse of discretion, we affirm.