2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Jeffrey Bert, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (8 pages)

            Ron Millbrook appeals the dismissal of his postconviction-relief petition, arguing his trial counsel was ineffective because counsel failed to impeach Vincent Harris, Millbrook’s own witness, with his prior inconsistent statements.  OPINION HOLDS: We find counsel’s decision not to impeach was a tactical one and did not constitute ineffective assistance. 

            Appeal from the Iowa District Court for Plymouth County, Patrick H. Tott, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  Partial Dissent by Greer, P.J.  (21 pages)

           James Ellis appeals his conviction for willfully failing to appear.  He contends the evidence presented was insufficient to support his conviction and challenges the admission of a court order as an exhibit.  OPINION HOLDS: The evidence was sufficient to support the conviction, but the district court erroneously admitted as an exhibit the court order containing factual findings.  The admission was not harmless.  We reverse Ellis’s conviction and remand for a new trial.  PARTIAL DISSENT ASSERTS: While I agree with the majority that Ellis’s sufficiency-of-the-evidence challenge fails, I part ways on the evidentiary question.  I would conclude Ellis failed to preserve error on the specific hearsay objection the majority considers on appeal.  Even if the issue was preserved, I would rule the court order was admissible under an exception to the hearsay rule or, because the same evidence was admitted without objection, that any error was harmless.

    Appeal from the Iowa District Court for Des Moines County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J. (8 pages)

    After hearing evidence that Gayle Palmer fled police in a vehicle carrying drugs, a jury convicted him of felony eluding and possession of controlled substances.  Palmer appeals, contending that the State failed to prove the identity element for any of the offenses and failed to prove that he knowingly possessed marijuana or methamphetamine.  OPINION HOLDS: Finding sufficient evidence to support both the identification of Palmer as the fleeing driver and his constructive possession of the drugs found in the vehicle, we affirm.
 

    Appeal from the Iowa District Court for Story County, Bethany Currie and John J. Haney, Judges.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (17 pages)

    A jury convicted Aidan Ralph of third-degree sexual abuse and assault causing bodily injury.  Ralph claims that the district court erred by (1) admitting a portion of a police officer’s testimony over his objection that it improperly vouched for the victim’s credibility; and (2) admitting evidence that he physically abused the victim on prior occasions to establish his motive for sexually abusing her.  He requests that we reverse his sexual abuse conviction and remand for a new trial.  OPINION HOLDS: Finding that the district court properly exercised its discretion in admitting the challenged evidence, we affirm.
 

            Appeal from the Iowa District Court for Butler County, DeDra Schroeder, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (10 pages)

            Green Belt Bank & Trust, a judgment creditor, appeals an order of garnishment entered by the district court against Unverferth Manufacturing Company, Inc., an employer of judgment debtor Mashon Van Mill.  Green Belt challenges the district court’s application of the garnishment exemption under Iowa Code section 642.21(1)(e) (2020) to determine Green Belt could recover “only ten percent of the total invoice value during the garnishment period.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Boone County, Ashley Beisch, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J. (11 pages)

            Pat Kepner appeals his convictions for indecent exposure, arguing the district court abused its discretion by excluding his eyewitness identification expert’s testimony.  OPINION HOLDS: Because we find the district court’s ruling on the admissibility of Kepner’s expert’s testimony was a reasonable exercise of judicial discretion, we affirm. 

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (4 pages)

            Tyler Goode appeals the sentence imposed following his guilty plea, arguing (1) the district court erred when it declined to follow the sentencing recommendation in the plea agreement and (2) the State’s absence at Goode’s sentencing hearing constitutes a failure to advocate for the sentencing recommendation and thus is a breach of the plea agreement.  Opinion Holds: Goode’s consent to the State’s absence waived his right to challenge such on appeal.  And because Goode failed to show the district court abused its discretion when it imposed a statutorily compliant sentence, we affirm. 

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (20 pages)

            After falling in her home, Joanne Jones was taken by ambulance to Mercy Medical Center, where she was treated by Dr. Jordan Imoehl.  Jones later brought a lawsuit against the medical center and doctor (collectively, Mercy), claiming professional negligence, infliction of emotional distress, breach of contract, and res ipsa loquitur—all based on the theory that she was not timely diagnosed and treated for a stroke she suffered.  After Jones failed to file a certificate of merit, the district court dismissed each of Jones’s claims, concluding expert testimony was necessary for each so the lack of certificate of merit was fatal.  Jones appeals, challenging the dismissal of her claims for infliction of emotional distress, breach of contract, and res ipsa loquitur.  OPINION HOLDS: Jones cannot evade the need for expert testimony and a certificate of merit through artful pleading.  Because expert testimony is necessary to establish each of Jones’s claims against Mercy, we affirm the dismissal of her lawsuit.

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (17 pages)

            A criminal defendant appeals his conviction for second-degree murder, challenging the sufficiency of the evidence, denial of a motion to suppress, an evidentiary issue regarding a rebuttal witness, and denial of his request for a non‑model jury instruction.  OPINION HOLDS: We affirm, finding the preserved errors do not warrant reversal.

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Owen Dejesus Jr. appeals the sentence imposed after he entered an Alford plea to one count of lascivious acts with a child.  OPINION HOLDS: Because the court did not abuse its sentencing discretion, we affirm.

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (8 pages).

            After Helena Dettmer tripped and fell on compacted ice and snow as she was crossing a City of Coralville street, she and her husband sued the city alleging negligence and statutory liability.  They appeal the grant of summary judgment in favor of the city, which concluded that the city is entitled to statutory immunity.  OPINION HOLDS: Because Dettmer tripped in the street and the city complied with its snow-removal policy, the city is entitled to statutory immunity under Iowa Code section 668.10(1)(b) (2023) and the district court correctly granted summary judgment in favor of the city.

            Appeal from the Iowa District Court for Clayton County, Laura Parrish, Judge.  APPEAL DISMISSED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Thaddeus Dylan Usher appeals the sentence imposed by the district court after pleading guilty to stalking and first‑degree harassment.  OPINION HOLDS: Because Usher failed to establish “good cause” to pursue an appeal, we must dismiss.