December 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  AFFIRMED. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Bower, C.J.  (9 pages)

            Jeffrey Simmermaker appeals the entry of summary judgment to the Cedar County Attorney in this action in which he alleged violations of his constitutional rights.  OPINION HOLDS:  We affirm.

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Postconviction relief applicant appeals the district court denial of his application finding criminal trial counsel’s failure to raise an intoxication defense was reasonable trial strategy.  OPINION HOLDS: We determine trial counsel breached an essential duty in failing to raise the intoxication defense, but in other respects was not incompetent and Perry was not prejudiced by counsel’s conduct.  We affirm.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (2 pages)

            Mandell Clark appeals from his guilty plea.  He asserts his counsel was ineffective by failing to exclude a witness’s testimony from the minutes of evidence after the witness did not comply with the deposition subpoena.  OPINION HOLDS: Clark does not assert his plea was either involuntarily or unknowingly entered.  Therefore, his claim on appeal is waived, and we affirm his conviction and sentence.

            Appeal from the Iowa District Court for Appanoose County, Myron L. Gookin, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J. (23 pages)

            Ethan Davis appeals from his conviction and sentence for murder in the first degree.  Davis argues (1) there is insufficient evidence to establish his identity as the perpetrator of the killing; (2) the court was wrong to deny his request for a specific jury instruction on reasonable doubt; (3) the court was wrong to prohibit defense counsel from using “hesitate to act” language to describe reasonable doubt during the defense’s closing argument; (4) the court was wrong to urge the jury to reach a verdict after being told it was deadlocked rather than simply telling the jury to reread the jury instructions already given; (5) the court allowed the State to impermissibly shift the burden of proof to Davis; and (6) a nunc pro tunc order is needed to make the court’s written sentencing order conform with its oral statements at sentencing.  OPINION HOLDS: We affirm Davis’s conviction for first-degree murder.  We remand to the district court for the limited purpose of entry of a nunc pro tunc order removing the court-cost and attorney-fee obligations from the sentencing order.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (3 pages)

            Damerrius Todd appeals his conviction for sexual abuse in the third degree.  He claims he received ineffective assistance of counsel.  OPINION HOLDS: Todd’s claim is not sufficiently developed for consideration.  We preserve his ineffective-assistance claim for possible postconviction-relief proceedings.

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            Gerald Miller appeals his convictions for second-degree sexual abuse and assault with intent to commit sexual abuse causing bodily injury.  He argues he did not receive a fair trial because of an improper jury pool and alleges there was insufficient evidence he committed a sex act.  He also challenges his sentence.  OPINION HOLDS: Miller failed to provide an adequate basis to challenge whether the jury pool represented a fair cross-section of persons in the community, and substantial evidence established Miller’s commission of sexual abuse in the second degree, so we affirm his conviction.  The district court did not abuse its discretion with the sentence imposed.  For the reasons provided, we affirm Miller’s convictions, and sentences. 

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Neil Evans appeals his conviction for operating while intoxicated, third or subsequent offense.  OPINION HOLDS:  We determine Evans’s claims of ineffective assistance of counsel should be preserved for possible postconviction relief proceedings.  We affirm his conviction.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (13 pages)

            Ricky Mahnesmith appeals the summary dismissal of his postconviction-relief application, which sought relief related to his convictions in AGCR0225566 and FECR022424.  OPINION HOLDS: The postconviction court erred in dismissing Mahnesmith’s claims relating to AGCR0225566 as time-barred.  No new ground of law or fact excuses Mahnesmith’s failure to file his claims relating to FECR022424 within the three-year statutory period.  We remand Mahnesmith’s claims that (1) counsel was ineffective for failing to investigate potential defenses in AGCR0225566, (2) counsel was ineffective in failing to condition his plea on the court’s acceptance of the sentencing recommendation, and (3) his sentence was cruel and unusual punishment.  We also remand for the court to hold a hearing on Mahnesmith’s ability to pay costs.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve and Mark R. Fowler, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            Scott Sweatt appeals the district court’s entry of judgment contending: (1) there was insufficient evidence to support the conviction; (2) the district court’s verdict was against the weight of the evidence; and (3) trial counsel rendered ineffective assistance of counsel.  OPINION HOLDS: We affirm Sweatt’s judgment and sentence.

            Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            Matthew Jandreau appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: For purposes of Iowa Code section 822.3 (2018), the principles recognized in State v. Jonas, 904 N.W.2d 566 (Iowa 2017), were not “ground[s] of . . . law that could not have been raised within” Jandreau’s three-year limitation period.  The district court was right to conclude this action is time-barred.

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  Special concurrence by Ahlers, J.  (7 pages)

            Alicia Rigdon brought a contempt action against her former spouse, Benjamin Rigdon.  The district court declined to hold Benjamin in contempt and Alicia appeals.  OPINION HOLDS: Finding no abuse of discretion, we affirm.  SPECIAL CONCURRENCE ASSERTS: I agree with the majority’s resolution of this matter on the merits and join in that decision.  I write separately in an effort to make clear that our ruling should not be viewed as an endorsement of the tie-breaking method used here, which was for the parent with physical care to make a unilateral decision that disregards the other parent’s objection followed by a contempt action to assess the decision in hindsight.  We will need to wait for an appropriate case when the issue is properly raised and preserved before determining whether the after-the-fact-contempt method is acceptable, or whether some other method should be preferred.

            Appeal from the Iowa District Court for Lucas County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (13 pages)

            This case arises from a boundary dispute between Betty Black and the Robert Jorgensen, Jr. Trust.   Black seeks quiet title and damages relating to a disputed area where her property adjoins the Jorgensen Trust property.  OPINION HOLDS: We affirm the district court ruling finding the Jorgensen Trust to be the owner of the disputed area and dismissing Black’s trespass and damages claims.