2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  Special Concurrence by Greer, P.J.  (4 pages)

            Christopher Hidlebaugh attempts to appeal his sentence following a guilty plea.  OPINION HOLDS: Hidlebaugh cannot establish good cause to appeal following his guilty plea because he attempts to challenge a sentence that he agreed to as a term of his guilty plea, so we dismiss his attempted appeal.  SPECIAL CONCURRENCE ASSERTS: Given the procedural history and our caselaw, I agree that we lack jurisdiction to decide Christopher Hidlebaugh’s appeal. I write separately to highlight that while a defendant’s indigency in no way immunizes him from punishment, incarcerating a defendant based solely on his inability to follow through with a financial undertaking is unconstitutional.  I encourage district court judges to carefully scrutinize a plea agreement like the one entered into by Hidlebaugh and the State. 

            Appeal from the Iowa District Court for Jefferson County, Shawn Showers, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Jeremy Everett Goodale, a juvenile offender, appeals his sentence after pleading guilty to first‑degree murder.  OPINION HOLDS: Because the sentencing court thoroughly considered each of the requisite factors afforded to juveniles, we affirm Goodale’s sentence.

            Appeal from the Iowa District Court for Scott County, Stewart P. Werling, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (8 pages)

            A plaintiff appeals dismissal of a medical negligence action based on decertification of her expert witness as untimely.  OPINION HOLDS: Because a trial judge may correct a prior ruling any time before final judgment, the district court was permitted to revisit its prior good‑cause determination under Iowa Code section 668.11 (2019) four years after the initial determination.  Finding the district court did not abuse its discretion in later decertifying the expert witness for an absence of good cause under section 668.11 in light of new unpublished caselaw from our court, we affirm. 

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (3 pages)

            Terry Lord appeals the dismissal of his application for postconviction relief as time-barred arguing that the statute of limitations is unconstitutional.  OPINION HOLDS: Assuming that Lord’s due-process challenge to the statute of limitations is preserved for appellate review, we cannot overrule our supreme court.  So we are bound by its prior rejection of a federal due-process challenge to the statute of limitations.  To the extent that Lord attempts to make any other state or federal constitutional challenges to the statute of limitations they are waived or not preserved. 

            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.