April 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Poweshiek County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Sandy, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            An applicant for postconviction relief appeals the denial of his application, which sought relief from four second-degree sexual abuse convictions.  OPINION HOLDS: Because the applicant has not shown any ineffective assistance, nor has he shown he would have prevailed on his claim of purportedly newly discovered evidence, we affirm dismissal of his application.

            Appeal from the Iowa District Court for Buena Vista County, Charles K. Borth and Nancy L. Whittenburg, Judges.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard at oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  Dissent by Buller, J.  (16 pages)

            Timothy Griffin appeals his conviction for possession of methamphetamine, third or subsequent offense, as a habitual offender.  OPINION HOLDS: Because the district court did not make the necessary meaningful inquiry to determine whether Griffin knowingly and voluntarily waived his right to counsel, we cannot conclude that Griffin’s waiver of counsel was knowing and voluntary.  As a result, we must reverse and remand for a new trial.  DISSENT ASSERTS: I do not condone rewarding difficult defendants with a new trial, find no reversible error in this record, and believe the majority holding to be deeply fact-bound or a misapplication of controlling precedent.  

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (11 pages)

            Alexander Bachman appeals his conviction for operating while intoxicated, third offense, challenging the district court’s denial of his motion to suppress his blood test results obtained by a warrant.  He argues that the officer invoked the implied-consent procedures of Iowa Code chapter 321J (2022) by offering him a preliminary breath screening test (“PBT”) and was thus exclusively required to follow the implied-consent procedures rather than seeking a warrant.  OPINION HOLDS: Neither the text of the statute nor precedent supports Bachman’s interpretation that the implied-consent procedures become mandatory merely because of offering a PBT.  Implied consent is invoked only when an officer requests a motor vehicle operator to submit to a chemical test of the operator’s blood, breath, or urine.  The officer never did that here—he got a warrant instead.  And that does not violate the statute.  We thus affirm the district court’s suppression ruling and Bachman’s conviction.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Buller, J., and Carr, S.J.  Telleen, S.J., takes no part.  Opinion by Carr, S.J.  (4 pages)

            William Smith appeals the district court’s denial of his application for postconviction relief, arguing the district court erred in denying his application due to ineffective assistance of counsel at his sentencing hearing.  OPINION HOLDS: Finding no breach of duty, we must affirm.

            Appeal from the Iowa District Court for Crawford County, Roger L. Sailer, Judge.  AFFIRMED.  Heard at oral argument by Ahlers, P.J., Badding, Chicchelly, Buller, JJ., and Telleen, S.J.  Opinion by Ahlers, P.J. (12 pages)

            A defendant appeals his conviction for second-degree sexual abuse, raising challenges to the sufficiency of the evidence and evidentiary challenges.  OPINION HOLDS: The defendant’s conviction is supported by sufficient evidence, and his evidentiary challenges fail.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Sandy, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Following a jury trial, Dustin Burns was convicted of numerous counts of sexual abuse.  He contends the district court abused its discretion in failing to grant his motion for new trial because his convictions are contrary to the weight of the evidence.  He also contends the district court abused its discretion because it improperly relied on Burns’ lack of remorse when imposing sentence.  OPINION HOLDS: Finding no abuse by the district court on either point, we affirm Burns’ convictions and sentence.

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Heard at oral argument by Tabor, C.J., and Greer, Schumacher, Langholz, and Sandy, JJ.  Opinion by Greer, J. (23 pages)

            Eugene Love Jr. appeals his conviction of first-degree murder.  He argues the district court wrongly denied his Batson challenge and his subsequent motion for mistrial related to that claim.  Love also argues the court erred when it denied his motion to admit hearsay evidence about the victim under the rule of completeness.  Finally, Love contends the court abused its discretion when the court found his expert’s testimony to be irrelevant to the factual questions reserved for the jury.  OPINION HOLDS: We affirm Love’s conviction for first-degree murder.

            Appeal from the Iowa District Court for Worth County, Rustin Davenport, Judge.  WRIT ANNULLED.  Considered without oral argument by Ahlers, P.J., Sandy, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Tyrone Washington brings this certiorari action contesting the district court’s denial of his challenge to his restitution plan set by the Iowa Department of Corrections.  He argues he did not receive a pre-deprivation notice informing him of his restitution plan.  OPINION HOLDS: Finding Washington received a pre-deprivation notice, as well as copies of his restitution plans, and never objected to the same, we annul his writ. 

    Appeal from the Iowa District Court for Buchanan County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Chicchelly, J., and Bower, S.J.  Opinion by Bower, S.J.  (10 pages)

    Scott Brown appeals his convictions for sexual abuse in the second degree, challenging the introduction of evidence, improper sentencing considerations, and the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Aaron Paul Woodman appeals the sentences imposed by the district court after pleading guilty to two counts of forgery.  OPINION HOLDS: Because the court did not abuse its discretion when sentencing him, we affirm Woodman’s sentences.

    Appeal from the Iowa District Court for Calhoun County, DeDra Schroeder, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., Chicchelly, J., and Bower, S.J.  Opinion by Bower, S.J.  (5 pages)

    Corey Trott appeals the district court’s dismissal of his second application for postconviction relief as untimely.  OPINION HOLDS: Upon our review, we affirm.  
 

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J. (17 pages)

            Sherica Smiley challenges her convictions for two counts of possession of a controlled substance, one count each for methamphetamine and cannabis.  Smiley argues the district court improperly allowed use of her prior misdemeanor conviction to impeach; the jury verdict was not supported by substantial evidence; the district court applied the wrong standard when ruling on her motion for new trial and, alternatively, erred in denying a new trial; and the district court committed reversible error in imposing a fine on the possession-of-cannabis conviction.  OPINION HOLDS: Because Smiley agreed to the district court reading a stipulation to the jury, error is unpreserved on the evidentiary issue.  Substantial evidence supported the jury verdict on both convictions.  The district court did not abuse its discretion in denying Smiley’s motion for a new trial.  But as the State concedes, the record indicates the district court failed to properly exercise its discretion concerning the fine on the possession-of-cannabis conviction. So, we vacate that portion of the sentence imposed and remand for the limited purpose of resentencing on that count.