2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            A defendant challenges the sufficiency of the evidence supporting his conviction for criminal mischief.  OPINION HOLDS: Substantial evidence supports the conviction, and we affirm.

            Appeal from the Iowa District Court for Washington County, Shawn Showers, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (5 pages)

            On appeal, a husband argues that the district court erred by setting temporary child support without making a finding as to his income.  He also contends the district court should have ordered the wife to pay temporary spousal support.  The wife asks us to affirm the district court’s ruling and requests an award of appellate attorney fees.  OPINION HOLDS: We reverse and remand for further proceedings to resolve the dispute over the husband’s income and, after making written findings, to recalculate the temporary child support obligation.  We affirm the district court’s denial of the husband’s request for temporary spousal support and deny the wife’s request for appellate attorney fees.

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

            Nearly forty years after procedendo issued on his two convictions for first-degree murder, Jack Losee filed his sixth application for postconviction relief (PCR).  The district court dismissed Losee’s application as time-barred, which Losee challenges on appeal.  OPINION HOLDS: We affirm the summary dismissal of Losee’s sixth PCR application. 

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

            Brannon Johnson appeals his conviction for second-degree murder.  He claims that the district court (1) abused its discretion when it denied his motion for new trial based on the weight of the evidence, (2) abused its discretion by not permitting him to introduce certain impeachment evidence, and (3) abused its discretion by denying his motion for mistrial after the prosecutor accidentally published an autopsy photo for a moment.  OPINION HOLDS: The district court applied the correct standard when considering Johnson’s motion for new trial and did not abuse its discretion when it denied the motion.  The district court did not abuse its discretion when it did not admit the impeachment evidence without proper foundation.  And the district court did not abuse its discretion when it denied the motion for mistrial.  Accordingly, we affirm Johnson’s conviction for second-degree murder.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  (6 pages)

            Olen Brown appeals his convictions and sentences for assault on a peace officer causing bodily injury and interference with official acts causing bodily injury, challenging the sufficiency of the evidence and that he was deprived of a fair and impartial jury.  OPINION HOLDS: We affirm, finding substantial evidence supports his verdicts and his juror challenge was not preserved.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL; WRIT ANNULLED.  Considered without oral argument by Greer, P.J., Ahlers, J., and Bower, S.J.  Opinion by Bower, S.J.  (14 pages)

            Jay Breuer appeals an order modifying the legal-custody provisions of the decree dissolving his marriage to Angela Breuer.  He claims the district court erred in granting Angela’s request for sole legal custody of the parties’ children.  Angela cross-appeals, challenging the court’s finding her in contempt of certain portions of the decree.  Both parties contest the court’s awards of trial attorney fees and request appellate attorney fees.  OPINION HOLDS: Upon our review, we affirm on appeal and cross-appeal, annul the writ of certiorari, and decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Osceola County, Charles Borth, Judge.  AFFIRMED.  Considered without oral argument by Badding, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Chicchelly, J.  (12 pages)

            Mitchel Harris Duskin appeals his convictions for sexual abuse, contending the court erred in its evidentiary and proposed‑jury‑instruction rulings and challenging the sufficiency and weight of the evidence supporting his convictions.  OPINION HOLDS: Because the court neither erred nor abused its discretion and there is sufficient evidence supporting the verdicts, we affirm Duskin’s convictions.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (11 pages)

            Trevon Lucas filed a petition for postconviction relief, alleging that his criminal trial counsel was ineffective and that he was actually innocent.  OPINION HOLDS: Because we find trial counsel performed competently and the evidence on the record does not supply clear proof that Lucas is actually innocent, we affirm his convictions.

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A complainant appeals from judicial review of a decision made by the Iowa Public Information Board dismissing his complaints as legally insufficient.  OPINION HOLDS: On our review, we affirm.

            Appeal from the Iowa District Court for Webster County, Bethany Currie, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (5 pages)

            More than twenty years after procedendo issued on his convictions for first- and second-degree sexual abuse, Larry Kennedy filed his fourth application for postconviction relief (PCR).  The district court dismissed the application as untimely, which Kennedy appeals.  He argues (1) he raised a new ground of fact that overcomes the statute of limitations; (2) the statute of limitations is unconstitutional on its face in light of recent Supreme Court precedent; and (3) PCR counsel provided ineffective assistance that resulted in the dismissal of his fourth PCR application.  OPINION HOLDS: We affirm the summary dismissal of Kennedy’s fourth PCR application. 

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J. (11 pages)

            Jennifer Carroll appeals following her convictions for interference with official acts while displaying a dangerous weapon (Count I), interference with official acts causing bodily injury (Count II), and assault on persons engaged in certain occupations (Count III).  Carroll challenges the sufficiency of the evidence supporting her conviction under Count II and claims her conviction under Count III should merge with her conviction under Count II.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, Judge.  AFFIRMED.  Considered without oral argument by Buller, P.J., Sandy, J., and Bower, S.J. Opinion by Bower, S.J.  (9 pages)

            Kevin Lane appeals his conviction for driving while license denied or revoked.  Lane claims the district court erred by failing to grant his motion for judgment of acquittal, granting the State’s motion to reopen the record, and “adding in an extra instruction to fill in the State’s gap in evidence.”  OPINION HOLDS: Upon our review, we affirm.