October 2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Clayton County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (9 pages)

            Appellants appeal a district court decree granting foreclosure of mortgages on farm property in favor of Farmers Savings Bank.  OPINION HOLDS: Having reviewed de novo the issues properly presented on appeal, we affirm the outcome of the district court proceedings. 

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (3 pages)

            Alan Nigel Archibald Jr. appeals from his convictions following bench trial for multiple offenses.  On appeal, Archibald argues that the district court erred when it denied his motion for a new trial because the verdict was against the weight of the evidence.  OPINION HOLDS: Because the court did not abuse its discretion in denying Archibald’s motion for a new trial, we affirm.

           Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

           Patricia Haidar appeals the entry of default judgment in her dissolution proceeding.  OPINION HOLDS: The entry of default judgement was not proper because Patricia's counsel was present for trial and prepared to proceed without Patricia's physical presence, and Patricia's presence was not reasonably necessary to resolve the disputes at issue.  The portion of the judgment dissolving the marriage is affirmed, and the remainder is vacated and remanded to the district court for substantive consideration.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (15 pages)

            Nancy Hoffman appeals her conviction and sentence following her guilty plea to operating while under the influence (OWI), second offense.  Her appeal was consolidated with her appeal of the revocation of her probation and deferred judgment from a prior conviction.  Hoffman asserts the court erred in accepting her guilty plea, in sentencing her, and in finding a probation violation had occurred.  Hoffman also asserts her trial counsel was ineffective in allowing her to plead guilty to OWI, second offense, without a factual basis and because her plea was not given knowingly, voluntarily, or intelligently.  OPINION HOLDS: Because there was a factual basis for Hoffman’s guilty plea to OWI, second offense, counsel was not ineffective in that regard.  Because Hoffman stipulated she violated the terms of probation, the court did not err in revoking her probation and deferred judgment.  We affirm Hoffman’s conviction, revocation, and sentences.  Because the record is inadequate to address Hoffman’s other ineffective-assistance-of-counsel claims, we preserve those claims for potential postconviction-relief proceedings.

            Appeal from the Iowa District Court for Polk County, Mary Pat Gunderson, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED IN PART AND REVERSED IN PART ON CROSS-APPEAL; AND REMANDED WITH DIRECTIONS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (14 pages)

            Seth Aldini appeals and Bianca Brashear cross-appeals from the order modifying their custody and support decree.  OPINION HOLDS: On appeal, we affirm as modified the visitation terms—modifying the weekend, Wednesday night, holiday and child’s birthday visitation terms.  On the cross-appeal, we reverse the denial of retroactive application of the increased child support and affirm on all other issues.  We remand for further proceedings consistent with this opinion.

           Appeal from the Iowa District Court for Jackson County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J. (7 pages)

           Jason Brown appeals from the summary adjudication of his second application for postconviction relief, contending the district court erred in dismissing the claim as time barred.  OPINION HOLDS: Because Brown has not shown he could not have raised the issue earlier or sufficient reason to avoid the three-year bar, we affirm. 

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt and Cynthia M. Moisan, District Associate Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (5 pages)

            Bryant Kephart challenges his guilty pleas, claiming he received ineffective assistance of counsel because his plea was not knowingly made and lacked a factual basis.  OPINION HOLDS: Because the plea was knowingly made and supported by a factual basis, counsel was not ineffective in allowing Kephart to plead guilty or failing to file a motion in arrest of judgment.

            Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

            Robert and Marlene Valley appeal the district court order denying their petition and entering judgment in favor of Douglas and Jan Kiel.  OPINION HOLDS: The Valleys have met their burden of proving their claim to enforce the security interest, and the Kiels fall short of proving by clear and convincing evidence the proof necessary to reform the contract.  We reverse the district court order denying the Valleys’ petition, enter judgment in their favor, and assess costs of the action to the Kiels.  We remand to the district court to determine the amount of attorney fees to award the Valleys.

           Appeal from the Iowa District Court for Keokuk County, Joel D. Yates, Judge.  REVERSED.  Considered by Potterfield, P.J., McDonald, J., and Scott, S.J.  Opinion by McDonald, J.  (5 pages)

           Petitioners appeal from the district court judgment permanently enjoining them from taking certain actions with respect to farm property.  OPINION HOLDS: Respondents failed to prove they would suffer substantial injury or damages in the absence of injunctive relief.  They also failed to show no alternative legal remedy would be adequate.  The district court erred in granting injunctive relief.

            Appeal from the Iowa District Court for Buchanan County, Kellyann M. Lekar And David P. Odekirk, Judges.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (9 pages)

            Brian McConnelee appeals his consecutive sentences for convictions of eight counts in three cases, claiming his counsel provided ineffective assistance by failing to object to the prosecutor’s alleged breach of the parties’ plea agreement.  OPINION HOLDS: Defense counsel failed to perform an essential duty by failing to timely object to the prosecutor’s breach of the plea agreement.  We presume McConnelee was prejudiced by defense counsel’s failure. 

            Appeal from the Iowa District Court for Lee (South) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (14 pages)

            Ricky Riddle appeals from his conviction after a jury verdict of intimidation with a dangerous weapon with intent, a class “C” felony.  He contends the district court abused its discretion when it allowed into evidence a recording of a jailhouse phone call of Riddle calling the State’s main witness.  Additionally, Riddle claims he was denied effective assistance because his trial counsel did not object to the prosecutor’s inflammatory statements, which amounted to prosecutorial error, during closing arguments.  OPINION HOLDS: The district court did not abuse its discretion when it admitted into evidence a recording of a phone call between Riddle and the complaining witness.  Additionally, because Riddle has not established a due process violation resulting from the prosecutor’s statements in closing argument, his claim of ineffective assistance cannot succeed.  We affirm.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals the termination of her parental rights raising claims of insufficient evidence and a ruling that is contrary to the best interests of the child.  OPINION HOLDS: We conclude termination of the mother’s parental rights to the child was in the child’s best interests.  We affirm the district court’s termination decision.