2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Langholz, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            Michael Cone Sr., an applicant for postconviction relief (PCR), appeals the district court’s denial of his PCR application, arguing he (1) received ineffective assistance from his trial counsel and (2) is actually innocent.  OPINION HOLDS: We affirm, finding a lack of clear and convincing evidence of Cone’s actual innocence, and his trial counsel was not ineffective.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Vance Barton appeals from various drug convictions.  On appeal, Barton argues the State committed prosecutorial misconduct during closing arguments “by repeatedly stating a false narrative.”  OPINION HOLDS: Finding no prejudicial prosecutorial misconduct, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Robert D. Tiefenthaler, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (8 pages)

            Kimberly Tillman appeals the dismissal of her suit against Jason Hinson for lack of service.  OPINION HOLDS: The district court correctly dismissed Tillman’s suit against Hinson without prejudice under Iowa Rule of Civil Procedure 1.302(5).  Sending the original notice by certified mail is not proper personal service under our rules.  Even if it were proper service, Hinson did not receive the original notice until after Tillman’s much-extended deadline for service.  And we cannot consider any of Tillman’s other arguments because they were not decided by—or for some, even raised to—the district court.

    Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Ahlers, P.J., Chicchelly, J., and Bower, S.J.  Opinion by Bower, S.J. (9 pages)

    Sean Sheets challenges the district court’s admission of evidence of prior instances of abuse committed against the same children in a different county and the court’s failure to recognize it had discretion to consider risk assessment information in his presentence investigation report.  OPINION HOLDS: We affirm Sheets’s convictions, vacate his sentences, and remand for resentencing. 
 

    Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  REVERSED AND REMANDED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J. (15 pages)

    Invoking the “silent witness” doctrine, the district court allowed the State to admit into evidence a police body camera recording of a surveillance video showing Terence Manning, Jr., punching and kicking another man in a convenience store parking lot.  After seeing that video, the jury convicted Manning of willful injury causing serious injury.  On appeal, Manning claims that the court should have excluded the video exhibit based on his authentication and best-evidence objections.  He also challenges the sufficiency of the State’s evidence that he specifically intended to inflict serious injury.  OPINION HOLDS: We find substantial evidence of Manning’s specific intent.  But because the district court erred in admitting the surveillance video without proper authentication, and that error was not harmless, we reverse Manning’s conviction and remand for a new trial.
 

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (11 pages)

            Tran Walker appeals the summary disposition of his application for postconviction relief.  He argues that he was entitled to a hearing and he presented questions of material fact regarding his claims of ineffective assistance of counsel.  OPINION HOLDS: Tran was not entitled to a hearing.  He failed to present any questions of material fact regarding his ineffective-assistance claims.  The district court correctly granted the State’s motion for summary disposition.

            Appeal from the Iowa District Court for Chickasaw County, Laura Parrish, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (14 pages)

            Richard Radloff appeals the district court’s findings, following a bench trial on his wage-claim petition, that he was not owed either a bi-annual bonus or mileage bonus from PTC Trucking, LLC.  Because wages were not withheld, the district court found he was not entitled to liquidated damages, court costs, or attorney’s fees.  PTC Trucking argues it was not Radloff’s employer.  OPINION HOLDS: We find the bonuses were discretionary, not “wages” under Iowa Code chapter 91A (2020), and affirm on this basis.  Because PTC Trucking failed to raise its claim that it was not Radloff’s employer to the district court, we conclude that argument is not preserved for our consideration as an alternative basis to affirm.   

            Appeal from the Iowa District Court for Dallas County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, JJ., and Telleen, S.J.  Opinion by Telleen, S.J.  (9 pages)

            A driver arrested after methamphetamine was discovered inside her borrowed vehicle challenges the sufficiency of the evidence supporting her conviction for possession of a controlled substance.  OPINION HOLDS: Reviewing for legal error, we find the State presented just enough evidence to support a finding of constructive possession.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A criminal defendant appeals his conviction for sexual abuse in the second degree, challenging the district court’s denial of a motion for mistrial.  OPINION HOLDS: Because we credit the district court’s advantaged position to assess prejudice when a witness mentioned the defendant’s “booking photo,” we find adequate record support for the court’s ruling and discern no abuse of discretion in denying the motion for mistrial.  We affirm.

            Appeal from the Iowa District Court for Ida County, David C. Larson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (6 pages).

            A mother appeals the order terminating her parental rights.  OPINION HOLDS: We affirm the juvenile court’s decision, finding that the mother abandoned the child pursuant to Iowa Code section 600A.8(3)(b) (2023).  Leaving the child with responsible individuals to shield the child from her drug addiction does not excuse the mother’s failure to maintain communication or contact with the child. 

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, P.J.  Opinion by Schumacher, J.  Dissent by Tabor, C.J.  (18 pages)

            Plaintiffs appeal the district court decision granting summary judgment after finding Iowa Code section 686D.6 (2022) precluded their claim.  OPINION HOLDS: We affirm the grant of summary judgment.  DISSENT ASSERTS:  Because I believe that the Roses created a jury question on the recklessness of the nursing facility’s actions, I respectfully dissent.

            Appeal from the Iowa District Court for Dallas County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A plaintiff appeals the dismissal of her petition to set aside a will.  OPINION HOLDS: Based on the undisputed facts deemed admitted under the Iowa Rules of Civil Procedure, we affirm.