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For summaries from opinions prior to August,view PDF versions here. View Opinion No. Stochl, Judge. Considered by Vaitheswaran, P. Opinion by Potterfield, J. Michelle Kehoe appeals from the denial of her application for postconviction relief PCRfollowing her convictions for murder in the first degree, attempted murder, and child endangerment resulting in serious injury.
In her supplemental pro se brief, Kehoe s some of the arguments made by counsel and also lists a of errors she believes the PCR court made in its ruling. As for her pro se claims, she makes no cognizable legal claims and her supplemental pro se brief fails to comport with the appellate rules of procedure; we do not consider any of those issues. Oeth, Judge. Opinion by Mullins, J. Joshua Cory appeals his conviction, following a guilty plea, of possession of methamphetamine with intent to deliver and the sentence imposed.
HeckermanJudge. Considered by Tabor, P. Special concurrence by Tabor, P. Chad Wilson appeals his convictions, following a jury trial, of one count of sexual abuse in the third degree, two counts of lascivious acts withand two counts of indecent contact with. He also challenges the sentences imposed. Because we have vacated the sentences and the sentencing order, the no-contact order included in the sentencing order is likewise vacated.
For protection of the victim, we direct the ly issued temporary no-contact order be reinstated. After further proceedings on remand and upon resentencing, the court may enter a no-contact order. As I discussed in two dissents, I believe this instruction is flawed and misle the jurors. Barrows, Judge. Dmarithe Culbreath appeals the sentences imposed following his guilty pleas in two criminal cases and his stipulation to probation violations in two other criminal cases.
Latham II, Judge.
Untril Overstreet appeals multiple criminal convictions stemming from a traffic stop. He raises two arguments on appeal: 1 the district court abused its discretion in denying his request to continue trial for the purpose of filing a motion to suppress and 2 his attorneys rendered ineffective assistance in failing to move for suppression of evidence obtained following the stop on the basis that the stop was pretextual and therefore in violation of article I, section 8 of the Iowa Constitution.
Odekirk, Judge. Considered by Bower, C. Terry Daniels challenges the denial of his application for postconviction relief, following his convictions for possession of or conspiracy to possess more than fifty grams of cocaine base with the intent to deliver and failure to possess a drug tax stamp.
As he did before the PCR court, Daniels claims he received ineffective assistance from trial counsel when counsel failed to 1 object to incomplete jury instructions on aiding and abetting and 2 challenge the two amendments to the trial information. In his pro se brief, Daniels s the arguments made by counsel and also argues 1 trial counsel was ineffective for allowing him to waive his right to be tried within one year after the one-year deadline had already passed, 2 there was insufficient evidence to support the alternative theories presented to the jury, and 3 the verdict against him was not unanimous.
OPINION HOLDS: Because trial counsel breached an essential duty in failing to object to incomplete jury instructions and Daniels was prejudiced by it, we reverse his conviction for possession of or conspiracy to possess more than fifty grams of cocaine base with the intent to deliver.
We remand for new trial. Zrinyi Wittig, Judge. Heard by Bower, C. Opinion by May, J. Fontae Buelow appeals his conviction for second-degree murder.
At trial, Buelow claimed the decedent committed suicide. The error was not harmless. So we must reverse and remand. Gamon, Judge. Opinion by Scott, S. Strausser, District Associate Judge. Opinion by Vaitheswaran, P. OPINION HOLDS: Because a reasonable juror could have found Terry committed an act that was meant to cause pain or injury and he intended to cause a serious bodily injury, and because we are not convinced there is a reasonable probability the Adult want real sex Collins Iowa court would have granted a motion for a new trial, we affirm.
Lauber, Judge. Lynne Gillen appeals the restitution ordered following her guilty plea to operating a motor vehicle while intoxicated, first offense, arguing the district court erred in ordering her to pay restitution at the time of sentencing. AlbrightN. Huppert, Judge.
Opinion by Bower, C. Frank Nucaro appeals the denial of his application for postconviction relief. We affirm. Ostlund, Judge. Heard by Doyle, P. Opinion by Schumacher, J. We affirm the decision of the district court. Greve, Judge. Opinion by Vaitheswaran, J. Roy DeWitt appeals his sentence following a guilty plea to eight counts of invasion of privacy. Scott, Judge. NallN. Opinion by Tabor, J. This is a murder case without a body. Elizabeth Syperda has been missing since July She was married to Michael Syperda, but she had recently left him to pursue a relationship with a co-worker.
Michael was charged and convicted of first-degree murder. He now appeals. OPINION HOLDS: Because the totality of evidence supports a second-degree murder conviction and the State did not prove beyond a reasonable doubt that Michael acted with the specific intent to kill, we reverse the first-degree murder conviction and remand for entry of judgment and sentence on second-degree murder.
Also, we find that the suppression hearing magistrate had a substantial basis for concluding that probable cause existed to support the search warrant. Finally, we find Michael cannot show he was prejudiced by counsel allowing a witness to testify by video deposition and that the record is not adequate to address other claims of ineffective assistance of counsel. Rosenberg, Judge. Sauer, District Associate Judge. Deirdre Laine Witham appeals her sentence following a guilty plea to operating a motor vehicle while intoxicated, third offense. Farrell, Judge.
Considered by Doyle, P. Opinion by Doyle, P. Jodie Hill appeals the imposition of consecutive sentences following her guilty pleas. She contends the district court violated Iowa Rule of Criminal Procedure 2. Opinion by Tabor, P. Also, because Matthew did establish beyond a reasonable doubt that Jamie violated the decree by refusing him communication with P. Daniel Smith appeals his conviction of possession of methamphetamine with intent to deliver, second or subsequent offense, and the sentence imposed. Brandt, District Associate Judge. Donnie Ray Thurman appeals his sentence following a guilty plea to driving while barred as a habitual offender.
McPartland, Judge. Opinion by Gamble, S. Dwight Murray appeals the dismissal of his application for postconviction relief. Drew, Judge. Alex Welch appeals the sentences imposed upon two felony drug convictions. Lester, Judge. Eduardo Rodriguez Lopez appeals from the order denying his application for postconviction relief PCR. He claims his trial counsel was ineffective by admitting he was ready for trial and misusing time and resources fail because he is unable to show prejudice. He waived a Adult want real sex Collins Iowa claim of ineffective assistance of trial counsel, and his claim that the trial court erred in overruling his motion for judgment of acquittal is procedurally barred.
Hulse, Judge. Heard by Vaitheswaran, P. Defendant Eric Parmenter appeals from the judgment and sentence imposed following his conviction on two counts of sexual abuse in the third degree in violation of Iowa Code sections Parmenter has not shown the prosecutor committed misconduct by arguing the dates listed in the jury instructions were irrelevant during rebuttal argument. Because the district court failed to exercise its discretion when weighing the evidence, we reverse and remand this case to the district court for proceedings consistent with this opinion. Jessalyn Brockman appeals the child custody provisions of the decree dissolving her marriage to Matthew Brockman.
We decline to award Jessalyn her attorney fees on appeal. StiglerJudge. Wildor Juste appeals his conviction of sexual abuse in the second degree. Juste argues the district court erred in 1 admitting testimony alleged to have improperly vouched for the complaining witness, 2 admitting hearsay statements alleged to bolster out-of-court statements made by the complaining witness, 3 submitting a jury instruction naming a date range in which the alleged abuse took place, 4 denying access to department of human services records relied upon by testifying witnesses, and 5 admitting employment records and related testimony over hearsay objections.
Harris, Judge. Lane is serving two indeterminate, consecutive twenty-five year prison terms on his convictions for sexual abuse in the second degree and burglary in the first degree.
Lane contends that the guarantee of assistance of counsel should be set to a higher standard and his trial counsel was remiss in numerous ways. He also claims his sentence is cruel-and-unusual punishment. In addition, we find that counsel did not breach his duty with respect to his assistance in legal counseling. Fangman and David P. Odekirk, Judges. Considered by Potterfield, P. Opinion by Greer, J. Jeremy Rutter appeals his conviction and sentence for two counts of possession with intent to deliver and one drug tax stamp violation.
Rutter argues a warrantless search of the master bedroom of his home was unconstitutional under the federal and state constitutions. Karen Doren appeals from the summary dismissal of her application for postconviction relief PCR. Traum, District Associate Judge. Dissent by Vogel, S. Troy Ford appeals his conviction for third-offense possession of marijuana asserting the district court erred in denying his motion to suppress. A police officer mistakenly arrested Ford based on an outstanding warrant for a different individual with the same name. Ford contends the arrest was invalid so the search incident to arrest revealing the marijuana was unconstitutional and the district court should have suppressed it.
OPINION HOLDS: Because the officer did not act reasonably in searching Ford before verifying his identity as the person with the warrant, we reverse the suppression ruling and remand for further proceedings consistent with this opinion.
Poulson and Zachary Hindman, Judges. So reversal is not warranted. May, J. Jhamond McMullen appeals his convictions, sentences, and judgment following a bench trial and verdict finding him guilty of several drug-related offenses. Joshua Shirbroun appeals the denial of his motion to set aside a default decree.
Opinion by Carr, S.Adult want real sex Collins Iowa
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