2025 Archive | Court of Appeals Court Opinions

               Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., Buller, J., and Doyle, S.J.  Telleen, S.J., takes no part.  Opinion by Doyle, S.J.  (3 pages)

               Deven Deschepper appeals the denial of his application for postconviction relief.  OPINION HOLDS: We concur with the postconviction-relief court’s reasons for denying the claims in Deschepper’s application.  We do not consider two new claims Deschepper raises on appeal, which are not preserved for our review.  We affirm under Iowa Court Rule 21.26(1)(d) and (e).

            Appeal from the Iowa District Court for Howard County, Laura Parrish, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (8 pages)

            Connor Gibbs appeals a district court ruling that dismissed his application for postconviction relief as time-barred under Iowa Code section 822.3 (2021).  OPINION HOLDS: We affirm the district court’s dismissal of Gibbs’s application, finding no nexus between the asserted ground of fact and the challenged conviction. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered without oral argument by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  Special concurrence by Buller, J.  (8 pages)

            Kenneth “Mike” Howard appeals the decree dissolving his twenty-three-year marriage with Anna Howard.  He argues the court erred in its child-support calculation, the spousal-support award is “excessive,” and his premarital assets should have been set aside.  OPINION HOLDS: We agree the district court should have considered the spousal-support award in setting the parties’ respective incomes for purposes of calculating child support, and remand with directions for the court to recalculate accordingly.  We find the rehabilitative spousal support award is fair and equitable.  And Mike failed to preserve error on his claim that the court included premarital assets in property division that should have been excluded.  Finally, we decline Anna’s request for appellate attorney fees.  SPECIAL CONCURRENCE ASSERTS: I reluctantly concur.  But if we were writing on a blank slate, I would find Mike’s failure to attend trial precluded appellate review and summarily affirm.

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J. and Ahlers and Badding, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            An applicant appeals the district court’s denial of his application for postconviction relief (PCR) following 2011 convictions for possession with intent to deliver (cocaine), failure to affix a drug tax stamp, disarming a police officer, and interference with official acts.  He claims his trial counsel was ineffective in failing to call a material witness and failing to subpoena a mental-health professional with sufficient time for the mental-health professional to prepare and effectively testify.  OPINION HOLDS: Because the applicant did not establish prejudice, his ineffective-assistance-of-counsel claims fail.  Accordingly, we affirm.

Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Buller, J., and Carr, S.J.  Opinion by Schumacher, P.J.  Special Concurrence by Buller, J.  (11 pages)

            Derrick Moore appeals his conviction for introduction of contraband into a correctional institution.  OPINION HOLDS: Because the substance of Moore’s appeal argues the State failed to present sufficient evidence to support the conviction, we determine the issue Moore raises on appeal is a challenge to the sufficiency of the evidence.  Substantial evidence supports Moore’s conviction.  SPECIAL CONCURRENCE ASSERTS: I write separately to address the recurring issue of criminal appellants conflating motions for new trial and motions for judgment of acquittal.  If we cannot readily discern what issues are raised, we should deem them waived.  I would not have reached the merits here, though I do not disagree with the majority’s analysis had the issue been properly raised.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Skylar Williams-Rankin appeals the denial of postconviction relief from his convictions for strangling and shooting his girlfriend.  OPINION HOLDS: Because neither of Williams-Rankin’s allegations of ineffective assistance raised on appeal were ruled on below, he has failed to preserve any issue for appellate review. 

            Appeal from the Iowa District Court for Johnson County, Justin Lightfoot, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            An applicant for postconviction relief appeals the denial of his application claiming there were disputed material facts regarding whether counsel was ineffective in developing a record on what he alleges was systematic exclusion of African American jurors in violation of the Iowa Constitution.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Adair County, Stacy Ritchie, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Sandy, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (5 pages)

            Stephen Wilson appeals the district court’s denial of his motion for new trial, arguing the court defied our mandate on remand by reconsidering his motion without further notice or hearing.  OPINION HOLDS: Finding no procedural error, we affirm the district court’s order denying Wilson’s motion for new trial.

            Appeal from the Iowa District Court for Marshall County, Kathryn E. Austin, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Langholz, J., and Vogel, S.J.  Opinion by Tabor, C.J.  (4 pages)

            Ephirem Gurisho entered Alford pleas to two counts of assault with intent to commit sexual abuse and one count of indecent contact with a child.  The district court sentenced him to incarceration for an indeterminate twelve-year term with credit for time served.  Gurisho contends that the court abused its discretion by imposing consecutive sentences of incarceration without stating sufficient reasons.  OPINION HOLDS: Finding adequate reasons in the sentencing colloquy, we affirm.

            Appeal from the Iowa District Court for Clinton County, Meghan Corbin, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (6 pages)

            Todd Adams appeals the dissolution decree ending his marriage with Carol Bower.  He claims his guardian ad litem did not provide adequate representation and the court’s decision awarding the marital residence to Bower was inequitable.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Ida County, Tod Deck, Judge.  AFFIRMED.  Heard at oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J. (14 pages)

            Jesus Diaz challenges the sufficiency of the evidence supporting his conviction for second-degree murder.  He also challenges a jury instruction permitting jurors to infer malice from his use of a dangerous weapon.  Finally, he contends the district court improperly denied his motions for mistrial.  OPINION HOLDS: Substantial evidence supports Diaz’s conviction for second-degree murder.  Diaz failed to preserve error on his jury-instruction challenge.  As to the challenges to the rulings on his mistrial motions, Diaz failed to preserve error on one.  As to the two preserved challenges, the district court did not abuse its discretion in denying the mistrial motions.  We affirm accordingly.

            Appeal from the Iowa District Court for Muscatine County, Meghan Corbin, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J. (10 pages)

            Raul Liendo appeals his conviction and sentence for introduction of contraband onto the grounds of a jail, challenging the sufficiency of the evidence supporting his conviction, the district court’s failure to engage in an adequate habitual-offender colloquy, and its imposition of a fine.  OPINION HOLDS: Under the unchallenged marshaling instruction in this case, we find that substantial evidence supports Liendo’s conviction because he was “confined” within the ordinary meaning of the word, he knew that he had Fireball whiskey on his person, and the evidence showed the liquid in the bottle was whiskey, an intoxicating beverage.  While we affirm his conviction, we vacate his sentence and remand for further proceedings because the court’s habitual offender colloquy was deficient.