September 2018 Archive | Court of Appeals Court Opinions

           Appeal from the Iowa District Court for Jasper County, Bradley McCall, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

Doug Ware appeals the order to pay traditional spousal support, citing the parties’ fourteen-year separation during their twenty-five-year marriage.  Doug also requests an award of appellate attorney fees.  OPINION HOLDS: Based on the statutory factors, the district court did not fail to do equity in awarding Kristi Ware traditional spousal support.  We affirm.  We deny Doug’s request for attorney fees.

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (6 pages)

            Joel Herrarte Jr. challenges the district court’s determination that kidnapping in the third degree was a lesser-included offense of kidnapping in the second degree.  Alternatively, he claims his trial counsel provided ineffective assistance for urging the court to determine that it was a lesser-included offense.  Additionally, he maintains the trial court relied upon an improper factor during sentencing.  OPINION HOLDS: Herrarte failed to preserve error regarding whether third-degree kidnapping is a lesser-included offense of kidnapping in the second degree, and we do not consider it.  The record is not adequate to decide his alternative argument, raised under the ineffective-assistance framework, so we preserve it to allow for further development of the record in postconviction-relief proceedings.  Because the district court did not rely on an improper factor during sentencing, we affirm Herrarte’s sentences.

           Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (7 pages)

             Betty Andrews appeals the district court decision quieting title to certain real property in Alice Carter.  OPINION HOLDS: We find Ruby Smiley intended for Alice to have present title to the property, without any reservation of control, when she gave Alice a quit claim deed to the property.  We also find Betty has not established the right to establish a constructive trust by clear, convincing, and satisfactory evidence.  We affirm the decision of the district court.

           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 Tabor, J.  (8 pages)

           Mario Guerrero Cordero appeals the district court’s denial of his application for postconviction relief. He argues his trial counsel was ineffective in failing to adequately investigate the possibility of using an expert witness to support an intoxication defense.  OPINION HOLDS: We conclude trial counsel diligently pursued an intoxication defense. We affirm the denial of Guerrero Cordero’s application for postconviction relief.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (5 pages)

            A father appeals the juvenile court’s decision terminating his parental rights in a private termination action brought by the child’s legal guardian.  OPINION HOLDS:  There is sufficient evidence in the record to show the father abandoned the child and termination of the father’s parental rights is in the child’s best interests.  We affirm the juvenile court.

           Appeal from the Iowa District Court for Carroll County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (9 pages)

           The defendants, Loren and Pan Danner, appeal from the district court ruling granting the Carroll Airport Commission’s petition for abatement of a nuisance.  The court determined the grain leg built by the Danners on their property, near the Arthur E. Neu Airport, was a nuisance, as it violated local and state zoning ordinances and statutes and ordered the Danners to “abate said nuisance by either removing the grain leg structure or modifying the height of the grain leg structure to be in compliance with the regulations and law concerning the Airport’s protect[ed] airspace.”  On appeal, the Danners contend the “no hazard” letter they obtained from the Federal Aviation Administration (FAA) in July 2013 preempted the district court’s enforcement of state law.  OPINION HOLDS: Because the application of local and state provisions defining the Danners’ grain leg as an airport hazard and a nuisance is not preempted by the FAA’s determination that the grain leg is not a hazard, we affirm the district court’s order requiring the Danners to abate the nuisance. 

           Appeal from the Iowa District Court for Polk County, Lawrence P. McClellan, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (8 pages)

            Christine Keeran appeals the denial of her request for workers’ compensation benefits for cumulative injuries to her knees.  She alleges the workers’ compensation commissioner used the wrong legal standard regarding causation and the commissioner’s factual findings were not supported by substantial evidence.  OPINION HOLDS: The commissioner used the correct legal standard for causation and substantial evidence supported the commissioner’s factual findings.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (3 pages)

            The defendant appeals the district court’s denial of his motion for new trial.  OPINION HOLDS: Because the district court did not abuse its discretion under weight-of-the-evidence standard, we affirm.

           Appeal from the Iowa District Court for Hamilton County, Timothy J. Finn, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. Dissent by McDonald, J. (14 pages)

            A father, Edward, appeals the district court’s appointment of guardians for three of his children following the death of the custodial mother.  OPINION HOLDS: We find substantial evidence in the record supports the district court’s determination that a guardianship is warranted and the appointment of guardians.  DISSENT ASSERTS: The nonparent guardians failed to rebut the presumption favoring placement with the biological parent.  The district court erred in viewing the nonparent guardians and biological father as holding equal interests in the children.  The father has demonstrated an ability to parent the children by maintaining a relationship with them and providing them with financial support.  His past criminal history does not impair his ability to parent in the present; and post incarceration, the father rehabilitated himself.

           Appeal from the Iowa District Court for Audubon County, James S. Heckerman, Judge.  AFFIRMED AS MODIFIED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J. (21 pages)

            Eddie Mack appeals from the decree of dissolution of his marriage to Kathy Mack.  He raises four claims: 1) the district court should have imposed discovery sanctions when Kathy failed to turn over business records; (2) the property division was inequitable; (3) the court should have ordered Kathy to pay trial attorney fees; and (4) the decree improperly included a noncompetition clause; limiting Eddie’s future business prospects.  OPINION HOLDS: After our de novo review of the trial record, we find Eddie failed to preserve error on the first issue.  On the remaining claims, we find the decree to be equitable—with two small exceptions.  Due to a mathematical error, we modify Kathy’s equalization payment slightly in Eddie’s favor.  We also order Kathy to pay $7000 toward Eddie’s trial attorney fees.  We affirm the decree as modified. 

           Appeal from the Iowa District Court for Louisa County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Doyle, P.J., Bower, J., and Mahan, S.J.  Opinion by Mahan, S.J. (6 pages)

           Craig Helmick and Rita Adam appeal the dismissal of their writ of certiorari challenging the procedure used to remove them from a county board of health.  OPINION HOLDS: The county board of supervisors complied with the correct statutorily-required removal procedure when removing Helmick and Adam.

            Appeal from the Iowa District Court for Boone County, James B. Malloy and Paul G. Crawford, District Associate Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Destiny Sumpter appeals her convictions for possession of methamphetamine (second offense) and possession of marijuana (second offense).  OPINION HOLDS: We conclude the seizure of Sumpter’s cell phone was supported by probable cause and exigent circumstances.  Accordingly, we affirm the district court’s denial of Sumpter’s suppression motion.