2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Lee (South) County, Clinton R. Boddicker, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (2 pages)

            Michael Schawitsch appeals the summary dismissal of his sixth application for postconviction relief as time-barred.  OPINION HOLDS: While Schawitsch urges us to overrule our supreme court’s prior rejection of a federal due-process challenge to the statute of limitations, we are bound by the controlling precedent.  We affirm.

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (2 pages)

            A criminal defendant attempts to appeal her conviction for a simple misdemeanor.  OPINION HOLDS: To the extent we construe the papers filed as an application for discretionary review, we deny the application and dismiss the attempted appeal.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  WRIT ANNULLED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  Dissent by Greer, P.J.  (10 pages)

            A former spouse appeals a district court ruling that commenced interest on a judgment lien from the date of the contempt hearing.  OPINION HOLDS: Having considered the appeal as a petition for writ of certiorari, we grant the petition but conclude error is not preserved and annul the writ.  DISSENT ASSERTS: Contrary to the majority decision, I would sustain the writ of certiorari.  I would find error was preserved on the issue and conclude that interest should run from the end of 2004 instead of the date the application for rule to show cause was filed given Timothy Ott’s stipulation concerning the date of his first refinancing. 

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Telleen, S.J., takes no part.  Opinion by Greer, P.J.  (5 pages)

            James Martin Peterson appeals his sentences, arguing the district court erred when the court did not place Peterson on probation, allowing for treatment in the community.  OPINION HOLDS: Because we find the district court did not abuse its discretion, we uphold the sentences, as imposed, by the district court.  

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (14 pages)

            An applicant for postconviction relief (PCR) appeals the district court’s denial of his most recent PCR application, arguing his trial counsel was ineffective for (1) failing to move to suppress his statements to authorities on the basis he had not been read Miranda rights and (2) failing to object to trial testimony from law enforcement officials on the basis they were vouching for the victim.  OPINION HOLDS: Finding the applicant’s trial counsel was not ineffective, we affirm. 

            Appeal from the Iowa District Court for Page County, Justin R. Wyatt, Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (7 pages)

            Jennifer Archer appeals from her convictions and sentences for burglary in the third degree and attempted burglary in the third degree.  OPINION HOLDS: The video evidence played at trial and the homeowners’ testimony provided sufficient evidence to affirm Archer’s convictions.  But because the court failed to give reasons for imposing consecutive sentences, we vacate Archers’ sentences and remand for resentencing.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (9 pages)

            Michael Raymond Russell appeals his convictions for possession of contraband (a dangerous weapon) in a jail facility and criminal mischief in the fifth degree (damage to property), arguing there is insufficient evidence on record to support a conviction on either count.  OPINION HOLDS: Because sufficient evidence supports a finding that Russell had actual possession of the homemade weapon and had specific intent to damage the shower track, we affirm the jury’s verdicts. 

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (13 pages)

            Corey Jackson appeals his sentence, arguing that the State breached the plea agreement by referencing criminal conduct that was not part of the plea agreement.  He argues the district court improperly considered such conduct during sentencing.  OPINION HOLDS: Because we find the conduct raised by the State was the factual basis for the plea agreement and the consideration of these events was not improper, we affirm the decisions of the district court.  Additionally, the sentencing order incorrectly listed Jackson’s pled-to offense.  We remand to the district court for entry of a nunc pro tunc order.

            Appeal from the Iowa District Court for Johnson County, Elizabeth Dupuich, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J. (4 pages)

            Ewaun Gardner Jr. appeals his sentences for conspiracy to commit a non-forcible felony and fourth-degree theft, arguing that the district court abused its discretion by failing to grant him a deferred judgment.  OPINION HOLDS: The district court did not abuse its discretion in deciding that a deferred judgment was inappropriate—despite Gardner’s youth—because of the seriousness of these two offenses involving a stolen gun and the fact that they were committed while Gardner was on pretrial supervision for another offense. 

           Appeal from the Iowa District Court for Wapello County, Richelle Mahaffey, Judge. APPEAL DISMISSED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (7 pages)

            A mother requests a delayed appeal and a reversal of the order terminating her parental rights.  OPINION HOLDS: Because we determine that the mother’s request for a delayed appeal does not meet the three-factor test set out by our supreme court in In re A.B., 957 N.W.2d 280 (Iowa 2021), we dismiss her appeal.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (8 pages)

            A mother and father separately appeal a juvenile court order terminating their parental rights.  The mother challenges all three steps in our termination analysis, while the father only contests the statutory grounds for termination.  OPINION HOLDS: We summarily affirm the mother’s appeal because she only advanced arguments on the father’s behalf.  On the father’s appeal, we find sufficient evidence supported a statutory ground for termination.  Thus, we affirm the termination of both parents’ rights to their child. 

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (10 pages)

                A mother appeals the termination of her parental rights to her child, contending the State failed to prove the statutory grounds for termination, the department failed to make reasonable efforts toward reunification, and a permissive exception should be granted due to either relative custody or the parent‑child bond.  OPINION HOLDS: Because the statutory grounds have been met, her reasonable‑efforts challenge is waived, and we decline to apply a permissive exception, we affirm termination of the mother’s parental rights to her child.