2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (6 pages)

            Andrew Brewer appeals his conviction following a jury trial of sexual abuse in the second degree.  Brewer claims that there was insufficient evidence to support his conviction and that his right to speedy trial was violated.  OPINION HOLDS: Because there was sufficient evidence to support the conviction, and because he did not preserve his speedy trial issue, we affirm.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Buller, J., and Bower, S.J.  Opinion by Bower, S.J.  (4 pages)

            Alice Coon appeals the sentence imposed on her conviction for possession of a controlled substance, third offense, as a habitual offender.  Coon contends the district court abused its discretion by sentencing her to prison solely because she was not in treatment at the time of her sentencing.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Linn County, Chad Kepros, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Keyun McGowan appeals his convictions after a jury found him guilty on six criminal counts, including first-degree murder.  OPINION HOLDS: I. The district court did not abuse its discretion by admitting photographic evidence of McGowan holding a gun matching the description of the murder weapon.  McGowan’s challenge is to the weight of the evidence, not its admissibility, and the evidence is not unfairly prejudicial.  II. Looking at the record as a whole, including incriminating statements McGowan made to a friend, we agree that the verdicts are supported by substantial evidence and are not contrary to the weight of the evidence.  We therefore affirm.

            Appeal from the Iowa District Court for Linn County, Valerie L. Clay, Judge.  AFFIRMED.  Heard at oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (34 pages)

            The lessees in a lease-contract dispute and clients in a construction-contract dispute appeal from the district court ruling concluding they materially breached the relevant contracts first and owed the lessor $52,788.74 plus its attorney fees and the contractor $199,681.96 plus accrued interest.  OPINION HOLDS: We affirm because we find the district court analysis to be accurate.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Greer, J., and Bower, S.J.  Opinion by Bower, S.J. (9 pages)

            Curtis Padgett appeals his conviction for first-degree murder following a bench trial.  He claims there is insufficient evidence he was the perpetrator of the beating and stabbing that resulted in the death of Dennis First.  He also contends the verdict is contrary to the weight of the evidence and the district court abused its discretion by denying his motion for new trial.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A criminal defendant appeals his conviction for stalking in violation of a protective order.  OPINION HOLDS: Because substantial evidence supports the conviction, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelley, J.  (5 pages)

            Keywani Desharon Evans appeals his convictions for first-degree murder and first-degree robbery.  He alleges (1) the district court violated his due process rights by making a sua sponte objection during cross-examination of a State witness, (2) the weight of the evidence did not support his convictions, and (3) his convictions were not supported by sufficient evidence.  OPINION HOLDS: Because Evans did not preserve his due process claim, and because the weight and sufficiency of the evidence support his convictions, we affirm.

            Appeal from the Iowa District Court for Clinton County, Brian Wright, Magistrate.  WRIT ANNULLED IN PART AND SUSTAINED IN PART.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

            Eagle Rise Developments, LLC, along with its member-managers, Troy and Alexander Wilbur, were found in contempt for failing to comply with a magistrate’s order.  Eagle Rise and the Wilburs sought review by petition for writ of certiorari, which was granted by our supreme court.  On review, Eagle Rise and the Wilburs challenge the court’s jurisdiction, dispute the opposing party’s service of notice, and assert due process and sufficiency-of-the-evidence claims.  OPINION HOLDS: We conclude that the court had both personal and subject matter jurisdiction over Troy Wilbur and Eagle Rise and annul the writ as to them.  We sustain the writ as to Alexander Wilbur and vacate the fine and jail sentence imposed.  All remaining claims were not preserved for our review.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            DaJoniss Morman-Jenkins argues his due process rights were violated when the district court denied his request for a transcript of the plea hearing.  He further argues that the district court abused its discretion by denying his motion in arrest of judgment.  OPINION HOLDS: Because the due process claim is being brought for the first time on appeal, error was not preserved.  And because Iowa Code § 814.6A (2023) prohibits us from considering Morman-Jenkins’s pro se letter purportedly requesting a motion in arrest of judgment, such claim also fails.  Finally, because the motion in arrest of judgment that was filed by counsel was not compliant with Iowa Rule of Criminal Procedure 2.24(3)(b), the court did not abuse its discretion in not considering it.   

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Telleen, S.J., takes no part.  Opinion by Langholz, J.  (2 pages)

            Aaron Stinde appeals the district court’s dismissal of his second application for postconviction relief as time-barred under Iowa Code section 822.3 (2024).  OPINION HOLDS: Because none of the arguments Stinde makes on appeal were presented to or decided by the district court, they are not preserved for our review.  We thus affirm the district court’s dismissal of Stinde’s second application for postconviction relief.

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER.  Considered without oral argument by Chicchelly, P.J., Sandy, J., and Potterfield, S.J.  Opinion by Potterfield, S.J. (8 pages)

            Sara Brown appeals her conviction for operating while intoxicated, first offense.  She challenges the district court’s denial of her motion to suppress, arguing the state trooper who conducted her traffic stop illegally extended the stop.  She challenges her sentence because the district court found she did not have the ability to pay category “B” restitution at the sentencing hearing but imposed it in the written sentencing order.  OPINION HOLDS: The trooper did not illegally extend the traffic stop, and the district court correctly denied the motion to suppress.  We remand for entry of a nunc pro tunc order to reflect the district court’s oral pronouncement that Brown does not have the ability to pay category “B” restitution.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Heard at oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  Dissent by Sandy, J.  (13 pages)

            An estate appeals the district court’s ruling on summary judgment.  OPINION HOLDS: Upon our review, we find the estate’s certificate of merit did not comply with Iowa Code section 147.140 (2021) and the defendants did not waive their challenge to the certificate of merit.  We affirm.  DISSENT ASSERTS: I respectfully dissent from the majority opinion because I believe the relief the defendants’ seek should be barred by estoppel by acquiescence.