2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Chickasaw County, Stephanie C. Rattenborg, District Associate Judge.  REVERSED AND REMANDED FOR DISMISSAL.  Considered by Vogel, P.J., McDonald, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            On discretionary review, defendant Janise Firman challenges the entry of a small claim judgment against her under Iowa Code § 597.14 (2017).  OPINION HOLDS: Because we find the evidence was not sufficient to establish Janise was married to Dirk at the time he incurred a necessary medical expense, we reverse the judgment and remand for dismissal of the action against Janise. 

           Appeal from the Iowa District Court for Johnson County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J. (5 pages)

           Maria Borjas and Fermin Gutierrez, parents of their minor child D.G., appeal the district court’s grant of summary judgment in a medical malpractice suit.  The parents argue the district court should have denied summary judgment for both the medical-negligence claim and the negligent-infliction-of-emotional-distress claim.  OPINION HOLDS: Because the parents failed to provide expert testimony to support either claim, we agree summary judgment was appropriate and affirm without further opinion.  Iowa Ct. R. 21.26(a), (e).

            Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge.  SENTENCE VACATED IN PART AND REMANDED. Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Danilson, C.J.  (5 pages)

            Christopher Vogel appeals from his sentence following his guilty plea to animal abuse, in violation of Iowa Code section 717B.2 (2017), an aggravated misdemeanor.  Vogel contends the sentencing court abused its discretion by considering improper factors in imposing his sentence entered an illegal sentence when it ordered him to pay court costs associated with dismissed charges.  OPINION HOLDS: Because Vogel has not affirmatively shown the court considered improper factors we find no abuse of the court’s sentencing discretion.  However, we vacate the portion of the sentencing order imposing an obligation to pay the costs of dismissed charges and remand for entry of a corrected sentencing order.

            Appeal from the Iowa District Court for Story County, Timothy J. Finn, Judge.  SENTENCES VACATED IN PART AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (3 pages)

            Isaiah Forest appeals his sentences for two counts of second-degree robbery.  He challenges the applicability of the law-enforcement-initiative surcharge provided in Iowa Code section 911.3 (2017) and the district court’s order requiring him to pay court costs and court-appointed attorney fees.  OPINION HOLDS: We vacate the law-enforcement-initiative surcharge provisions of each of Forest’s sentences as the offenses to which Forest pled guilty are not subject to that surcharge.  We also find the district court abused its discretion in entering a restitution plan of payment without first determining the amount of attorney fees and Forest’s reasonable ability to pay.  We therefore vacate the portion ordering restitution for court costs and court-appointed attorney fees.  We remand for a determination of the amount of attorney fees and Forest’s reasonable ability to pay.

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (7 pages)

            Drew Moir appeals the district court order summarily dismissing his application for postconviction relief (PCR).  OPINION HOLDS: Under the specific facts of Moir’s case, we conclude his letter to the district court could be considered a PCR application that was filed within the time limits provided in Iowa Code section 822.3 (2017).  We therefore reverse the order summarily dismissing Moir’s PCR application and remand to the district court for further proceedings. 

            Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.  REVERSED IN PART AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            Clarence Teter appeals the district court’s ruling on his petition for modification of spousal support.  OPINION HOLDS: We find the district court did not properly classify the spousal support award.  We find the spousal support award can be modified and remand for further proceedings.

            Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (5 pages)

            Knight appeals from the denial of his petition for writ of mandamus and petition for writ of habeas corpus.  OPINION HOLDS: The sentencing order for Knight’s guilty plea for possession of marijuana did not affect his previous conviction for failure to affix a drug tax stamp.  Habeas relief is not available to Knight because he was convicted of a public offense.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Scott, S.J.  Opinion by Doyle, J.  (3 pages)

            Ramarez Gary appeals his convictions alleging he received ineffective assistance of trial counsel.  OPINION HOLDS: Because we cannot determine whether counsel failed to perform an essential duty and whether Gary was prejudiced, we affirm and preserve any claims of ineffective assistance of counsel for possible postconviction-relief proceedings.

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            C.T. disputes a ruling determining him in need of involuntary civil commitment claiming insufficient evidence supports the finding.  OPINION HOLDS: Because we have no recording or transcript of the contested hearing, we are required to affirm the district court’s decision.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (5 pages)

            Zejnudin Abdic appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Because the decision he cites as a new ground of law was filed within three years of the date of his conviction, it cannot qualify as an exception for a new-ground-of-law exception to the limitation period.    

            Appeal from the Iowa District Court for Appanoose County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (2 pages)

            A defendant appeals his conviction of delivery of methamphetamine.  OPINION HOLDS: The district court did not abuse its discretion in denying the defendant’s motion for new trial.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  Partial Dissent by Vogel, P.J.  (4 pages)

            Tiffany Milbrath appeals her conviction and sentence for possession of a controlled substance, arguing ineffective assistance of counsel.  OPINION HOLDS: We affirm Milbrath’s judgment and sentence and preserve the ineffective-assistance claim for postconviction relief.  PARTIAL DISSENT ASSERTS: I believe trial counsel had no duty to make sure the reasons Milbrath was not accepted into the drug court program were provided prior to sentencing.  I would therefore deny the ineffective-assistance claim and not preserve the issue for possible postconviction relief.