Filed Oct 10, 2018
View Opinion No. 17-1766
View Summary for Case No. 17-1766
Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge. AFFIRMED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Tabor, J. (6 pages)
Vadim Shultsev appeals convictions for driving while license revoked, asserting an actual-innocence claim, despite pleading guilty. He asks this court to find the recent supreme court case, Schmidt v. State, 909 N.W.2d 778, 789 (Iowa 2018), permits him to raise an actual-innocence claim on direct appeal despite not challenging the underlying guilty plea. OPINION HOLDS: Shultsev was still required to timely file a motion in arrest of judgment to challenge his guilty plea on direct appeal. A direct appeal from an uncontested guilty plea is not a viable vehicle to introduce a claim of actual innocence. Even if we could reach the merits of Shultsev’s claim, the record is inadequately developed. We affirm.
Filed Oct 10, 2018
View Opinion No. 17-1776
View Summary for Case No. 17-1776
Appeal from the Iowa District Court for Polk County, Odell G. McGhee and William A. Price, District Associate Judges. AFFIRMED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Tabor, J. (4 pages)
Robert Esperza appeals his conviction for driving while his license was denied or revoked, contending his trial counsel was ineffective for failing to timely move to suppress statements he made to an officer before his Miranda warnings were given. OPINION HOLDS: Because the record is not adequate to decide this issue, we affirm Esparza’s conviction but preserve his ineffective-assistance claim for possible postconviction-relief proceedings.
Filed Oct 10, 2018
View Opinion No. 17-1903
View Summary for Case No. 17-1903
Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge, And Christine Dalton Ploof, District Associate Judge. REVERSED IN PART, SENTENCES VACATED, AND REMANDED FOR RESENTENCING. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Danilson, C.J. (10 pages)
Trae Jackson appeals following his convictions for operating while under the influence, third offense; driving while barred; and unlawful possession of a prescription drug. He challenges the sufficiency and weight of the evidence that he was operating a vehicle. OPINION HOLDS: We reverse and remand the convictions of operating while under the influence and driving while barred because there is not substantial evidence Jackson was “operating” the vehicle. We vacate the sentences imposed, and remand for dismissal of those charges and for resentencing on the conviction for unlawful possession of a prescription drug.
Filed Oct 10, 2018
View Opinion No. 17-1916
View Summary for Case No. 17-1916
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (3 pages)
Forrest Trausch appeals the district court’s affirmation of the Iowa Department of Human Services’ determination that Trausch had denied his son critical care. OPINION HOLDS: The Iowa Department of Human Services’ decision was supported by substantial evidence and was not irrational, illogical, or wholly unjustifiable.
Filed Oct 10, 2018
View Opinion No. 17-1933
View Summary for Case No. 17-1933
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. AFFIRMED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Danilson, C.J. (4 pages)
Veronica Lack appeals from the district court’s grant of summary judgment to the defendants in this civil rights action, asserting the district court erred in failing to find a continuing violation under the Iowa Civil Rights Act. OPINION HOLDS: Because Lack failed to seek a specific ruling on the continuing-violation doctrine, the issue is not properly preserved for our review. We therefore affirm.
Filed Oct 10, 2018
View Opinion No. 17-1934
View Summary for Case No. 17-1934
Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Per Curiam. Dissent by Doyle, J. (9 pages)
Mandi Mumm appeals the order denying her motion for new trial after a jury found in favor of the defendants on her medical-malpractice claim. OPINION HOLDS: Because the district court did not abuse its discretion in answering questions submitted by the jury during deliberations, we affirm the order denying Mumm’s motion for new trial. DISSENT ASSERTS: Because Iowa Code section 668.3(5) (2017) mandates a court inform the jury of the effects of comparative fault as applied to the jury’s answers concerning fault, I believe the trial court erred in failing to answer the jury’s question concerning the effects of comparative fault. This material omission of the law is the substantial equivalent of a material misstatement of the law, and Mumm is entitled to a new trial. I would reverse the order denying her motion for new trial and remand for further proceedings.
Filed Oct 10, 2018
View Opinion No. 17-1964
View Summary for Case No. 17-1964
Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (8 pages)
In this interlocutory appeal, the defendants argue the district court erred in denying their motion for summary judgment. OPINION HOLDS: I. Because the defendants failed to show that the plaintiffs reasonably should have known of the existence of their breach-of-trust claim based on an accounting or report they provided to the plaintiffs, we affirm the order denying summary judgment on the grounds the plaintiffs’ claim violates the statute of limitations found in Iowa Code section 633A.4504 (2017). II. The defendants are not entitled to summary judgment on the merits because they failed to show that their interpretation of the trust document is correct as a matter of law.
Filed Oct 10, 2018
View Opinion No. 17-2022
View Summary for Case No. 17-2022
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by Potterfield, P.J. (15 pages)
Dawn Christenson appeals from the district court’s denial of her petition to modify provisions of the decree dissolving her marriage to Chad Christenson. Dawn asked the district court to modify the decree to give her sole legal custody and physical care of the parties’ minor child; she also asked the court to modify the child-support obligation accordingly. On appeal, Dawn challenges the district court’s denial of her motion for default judgment. Alternatively, she argues the court should have granted her application for modification on the merits because a substantial change in circumstances warranting modification exists and modification is in the minor child’s best interests. OPINION HOLDS: As the district court is bound to reach custody determinations based upon the best interests of the child at issue, we cannot say the court abused its discretion when it denied Dawn’s application for default judgment. In considering the merits of the application for modification, we find Dawn established a substantial change in circumstances exists, but we cannot say she is better able to minister to A.C.’s well-being. Thus, we affirm the district court’s denial of her application for modification.
Filed Oct 10, 2018
View Opinion No. 17-2100
View Summary for Case No. 17-2100
Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (4 pages)
Defendant Kenneth Shadlow appeals his sentence for failure to comply with the sex offender registry. OPINION HOLDS: We affirm Shadlow’s conviction and sentence.
Filed Oct 10, 2018
View Opinion No. 17-2108
View Summary for Case No. 17-2108
Appeal from the Iowa District Court for Polk County, Peter A. Keller, Judge. REVERSED AND REMANDED WITH INSTRUCTIONS. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (7 pages)
Lori Fesitner appeals the order establishing an involuntary guardianship and conservatorship. OPINION HOLDS: The petitioner provided insufficient evidence to justify the establishment of a guardianship or conservatorship.
Filed Oct 10, 2018
View Opinion No. 18-0015
View Summary for Case No. 18-0015
Appeal from the Iowa District Court for Sac County, Joseph B. McCarville, District Associate Judge. REVERSED AND REMANDED WITH INSTRUCTIONS. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Danilson, C.J. (16 pages)
A mother appeals from the district court order denying her petition to terminate the parental rights of the father their two children. OPINION HOLDS: Because there is clear and convincing evidence the father abandoned his children, as that term is used in Iowa Code sections 600A.2(19) and 600A.8(3)(b) (2017); because the mother did not prevent the father from visiting or communicating with the children; and because termination is in the children’s best interests, we reverse the district court and remand with instructions to enter an order terminating the father’s parental rights.
Filed Oct 10, 2018
View Opinion No. 18-0054
View Summary for Case No. 18-0054
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (12 pages)
Jared Rohde appeals from the district court’s modification of the decree dissolving his marriage to Kelly Rohde. Jared challenges the court’s failure to include the extraordinary visitation credit in calculating his child support obligation as required under the Child Support Guidelines. He also asserts the district court should not have awarded Kelly any trial attorney fees. OPINION HOLDS: After reviewing the record, and considered the unique custody issues in this case, the disparity in incomes of the parties, and Jared’s testimony, we find it was equitable not to apply the extraordinary credit to Jared’s child support obligation. Jared has failed to show the court’s trial attorney fee award was an abuse of its discretion. We affirm the district court’s order. Any costs on appeal are assessed equally.