2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Melissa A. Anderson-Seeber, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Buller, J., takes no part.  Opinion by Badding, J.  (7 pages)

            Samuel Tooson appeals a district court ruling that dismissed his application for postconviction relief as time-barred under section 822.3 (2018).  OPINION HOLDS: We affirm the district court’s dismissal of Tooson’s application, finding no exception to the three-year statute of limitations. 

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar (motions) and Andrea J. Dryer (trial), Judges.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            An inmate appeals the denial of his motion to dismiss based on violation of his right to a speedy trial.  OPINION HOLDS: Finding sufficient the court’s reasons to continue trial, we affirm the denial of the motion to dismiss.

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (13 pages)

            Johnnie Boutchee appeals the denial of his postconviction relief application, arguing his trial counsel was ineffective by failing to (1) object to a medical provider’s “prejudicial” testimony that related to an assault victim’s injuries the doctor treated five days after the criminal incident at issue occurred and (2) lodge an objection to the racial composition of the jury pool.  OPINION HOLDS: Boutchee failed to show his trial counsel afforded ineffective assistance on either of his claims.  As a result, both ineffective-assistance-of-counsel claims fail. 

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  DISTRICT COURT JUDGMENT AFFIRMED; WRIT ANNULLED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (5 pages)

            Padre Leonard contests the calculation of his credit for time served under Iowa Code section 903A.5 (2023).  OPINION HOLDS: Because the district court accurately determined his days of credit under that statute, we annul the writ of certiorari and affirm.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (4 pages)

            Jon Anderson appeals the dismissal of his civil suit alleging pervasive “fraud upon the court” in prior legal proceedings.  OPINION HOLDS: Anderson failed to preserve error on the question of whether he was entitled to entry of default, and his arguments on appeal do not address the dispositive grounds for dismissal.  We decline to make those arguments for him.  We therefore affirm dismissal of Anderson’s petition.

            Appeal from the Iowa District Court for Cass County, James J. Heckerman, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (8 pages)

            Randall and Cynthia Main appeal from an order granting summary judgment to Southwest Iowa Planning Council in a foreclosure that stems from a failed grocery store venture.  OPINION HOLDS: Because the court’s order was not a final judgment, and we decline to permit an interlocutory appeal, we dismiss the appeal.

            Appeal from the Iowa District Court for Worth County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (5 pages)

            Douglas Warburton appeals his sentence following his Alford plea to lascivious acts with a child.  He attempts to raise three issues: (1) the court erred by refusing to resentence him after he filed a motion asking the court to consider a victim impact statement from his family member; (2) the court abused its discretion by considering the recommendation for incarceration contained in the presentence investigation report (PSI) because the recommendation was not adequately supported; and (3) the court abused its discretion by imposing a prison sentence rather than suspending it.  OPINION HOLDS: Because Warburton never appealed from the order denying his request for resentencing, we do not have jurisdiction over his challenge to that order.  Warburton failed to preserve error on his challenge to the PSI because he did not object to its recommendation as lacking a proper basis as he now claims on appeal.  The district court did not abuse its discretion when sentencing Warburton to a term of incarceration because it did not apply a fixed sentencing policy and it weighed relevant sentencing factors when it reached its sentencing determination.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (9 pages)

A jury found Romell Enoch guilty of first-degree murder in the death of Kylie Duster.  Enoch appeals, arguing there is insufficient evidence to support his conviction regarding the elements he acted with premeditation and had the specific intent to cause the death.  He maintains the evidence established Duster died after he assaulted her following serious provocation, which makes him guilty of voluntary manslaughter—not first-degree murder.  OPINION HOLDS: Because substantial evidence supports the jury’s determination that Enoch committed first-degree murder in the killing of Duster, we affirm. 

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  Special concurrence by Tabor, C.J.  (7 pages)

            Malorie Hallock appeals the sentence imposed following her guilty plea.  She claims the district court abused its discretion when it did not follow the joint sentencing recommendation contained in the plea agreement and considered unproven facts contained in the victim impact statement.  OPINION HOLDS: The district court did not abuse its discretion when it did not adopt the joint sentencing recommendation.  Hallock failed to preserve error on her challenge to the victim impact statement.  Moreover, she cannot establish that the district court considered any unproven fact from the victim impact statement when making its sentencing determination.  SPECIAL CONCURRENCE ASSERTS: I would reject the State’s error preservation argument on the potential use of improper factors based on unproven conduct in the victim impact statement.  Requiring the defendant to object undermines the purpose of the statement and the trust we place in district courts to filter out improper or irrelevant evidence.  On the merits, because the record does not show the court relied on the unproven conduct, I concur specially.

            Appeal from the Iowa District Court for Lyon County, John M. Sandy, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Sandy, J., takes no part.  Opinion by Greer, P.J.  (18 pages)

            Perry VanDekieft was convicted of sexual abuse in the second degree for his actions against C.L. and sentenced to twenty-five years in prison.  On appeal from the denial of his application for postconviction-relief (PCR), he argues his trial counsel was ineffective for failing to show C.L. had a character for untruthfulness, to object to expert testimony concerning grooming, and to articulate potential motives C.L. had in making sexual abuse allegations.  OPINION HOLDS: Because Perry failed to prove his counsel was ineffective, we affirm the denial of his PCR application.    

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J. (7 pages)

            Craig Lind appeals his forgery conviction, arguing that the State failed to prove that he knew the check was altered before presenting it to the teller or that he had the specific intent to defraud the bank or knowledge that he was helping to defraud the bank.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, substantial evidence supports the jury’s verdict that Lind knew the check was altered and had the specific intent to defraud the bank or knew that he was helping to defraud the bank.  We thus affirm Lind’s conviction.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Telleen, S.J., takes no part.  Opinion by Tabor, C.J. (7 pages)

            Deshawn Washington appeals his convictions for second-degree murder and felon in possession of a firearm, contending the State failed to prove he shot and killed Andre Clanton.  OPINION HOLDS: We find substantial evidence supports the jury’s conclusions that Washington was the shooter and that he possessed a firearm as a prohibited person.  So we affirm.