January 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED AS MODIFIED.  Considered by Potterfield, P.J., Doyle, J., and Carr, S.J.  Opinion by Doyle, J.  (10 pages)

            Catherine Jacobs appeals the economic provisions of the decree dissolving her marriage to Carl Jacobs.  OPINION HOLDS: We modify the decree to ensure the parties share the risk that the Florida property will not sell for an amount that allows them to obtain a full return on their down-payment contributions and reduce the amount of Carl’s reimbursement for his share of the down payment on the Sioux City property from $27,500 to $10,000.  We decline to consider Carl’s gambling losses in determining an equitable property division.  The district court did not abuse its discretion in declining to award Catherine her trial attorney fees.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            Keisha Magee appeals the denial of her application for postconviction relief claiming counsel committed structural errors or otherwise provided ineffective assistance of counsel.  OPINION HOLDS: We find Magee has not established structural error occurred during the postconviction trial and her ineffective-assistance claims brought on appeal for the first time should be asserted in a separate application.  We affirm the district court.

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            An estate appeals from the district court’s order granting summary judgment in favor of the Iowa Department of Human Services on the estate’s petition for declaratory judgment regarding the payment of an annuity.  OPINION HOLDS: On Jill Jordan’s death, the remaining annuity balance became the personal property of the department as the “100% primary beneficiary.”  The balance was never a probate asset subject to Iowa Code section 633.425 (2017).  The district court did not err in granting the department’s motion for summary judgment.

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            Katrina Nikole Cooper appeals a judgment and sentence for delivery of more than five grams of methamphetamine, contending (1) the evidence was insufficient to support the district court’s finding of guilt following a bench trial, (2) her trial attorney was ineffective in failing to challenge the standard used by the district court in evaluating her new trial motion, and (3) her trial attorney was ineffective in failing to challenge her waiver of the right to a jury trial as unknowing and involuntary.  OPINION HOLDS: Substantial evidence supports the district court’s finding of guilt.  We preserve Cooper’s ineffective-assistance-of-counsel claim with regard to her jury trial waiver for postconviction relief. 

            Appeal from the Iowa District Court for Cerro Gordo County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (16 pages)

            Nathan Rockwell appeals a decree dissolving his marriage to Heather Rockwell.  He argues the district court erred in: (1) including part of a business in the marital estate, (2) declining to include alleged liabilities in the marital estate, (3) deciding the physical care issue before hearing all of the evidence, (4) misjudging the credibility of the parties and failing to consider Heather’s alienating conduct in reaching its physical care determination, (5) crafting the visitation schedule, and (6) declining to reopen the record after trial.  Heather requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the decree dissolving the parties’ marriage in its entirety.  We decline to award appellate attorney fees.  Costs on appeal are assessed to Nathan. 

            Appeal from the Iowa District Court for Guthrie County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (4 pages)

            Jonah Chinn appeals his conviction, following a guilty plea, of operating while intoxicated, third offense.  He argues his counsel was ineffective in relation to his guilty plea.  OPINION HOLDS: We find the record inadequate to consider Chinn’s claim on direct appeal.  Consequently, we affirm Chinn’s conviction, but preserve his claim of ineffective assistance of counsel for possible postconviction-relief proceedings.

Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Brett Edwards appeals the district court’s denial of his challenge to the validity of an out-of-state judgment.  OPINION HOLDS: The district court erred in concluding the issue of personal jurisdiction must be determined by the Texas court.  Because Troy Hack failed to establish Brett Edwards was served with notice of the Texas lawsuit or had any contacts with the state of Texas, we reverse and remand for entry of an order vacating the foreign judgment against Brett Edwards. 

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge, and Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Angelia Schultz appeals following her guilty plea to operating a motor vehicle while intoxicated (third offense), contending her attorney was ineffective in allowing her to plead guilty.  OPINION HOLDS: On our de novo review, we conclude counsel did not breach an essential duty in failing to demand a plea conditioned on the court’s concurrence.  We affirm.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Carr, S.J.  Opinion by Doyle, J.  (4 pages)

            The plaintiffs appeal from the district court order granting summary judgment in favor of the defendant on their legal-malpractice claims.  OPINION HOLDS: The record shows the plaintiffs suffered an actual and nonspeculative injury more than five years before they filed their legal-malpractice action.  Because the action was untimely, the district court properly granted summary judgment in favor of the defendant. 

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Michael Davis appeals the dismissal of his fourth postconviction-relief application.  OPINION HOLDS: Because Davis’ claims were not properly raised, we affirm the district court’s dismissal of Davis’ fourth postconviction-relief application.  

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Doyle, J.  (5 pages)

            Greg Redden appeals after pleading guilty to operating while intoxicated, assault on a peace officer, and second-degree criminal mischief.  OPINION HOLDS: I. Because Redden’s statements at the plea hearing provide a sufficient factual basis to support his criminal-mischief plea, he has failed to show his counsel was ineffective in allowing him to plead guilty.  II. The sentencing court did not violate Redden’s rights of personal presence and allocution at sentencing on his convictions for OWI and assault on a peace officer where his written guilty pleas plainly and unambiguously waived those rights.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED. Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (3 pages)

            Dustin Robbins appeals the district court’s denial of his application for postconviction relief.  OPINION HOLDS: Robbins’s trial attorney did not provide ineffective assistance of counsel.