October 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., Mullins, J., and Vogel, S.J.  Opinion by Mullins, J.  (9 pages)

            Euric Fountain appeals the summary disposition of his seventh application for postconviction relief.  OPINION HOLDS:  We affirm the district court’s finding that information received by Fountain more than two decades ago does not amount to newly discovered evidence sufficient to toll the statute of limitations contained in Iowa Code section 822.3 (2017).  We find the court erred in its analysis concerning other purported newly discovered evidence, and we remand to the district court on that ground. 

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Tabor JJ.  Opinion by Tabor, J.  (7 pages)

            Arron Thompson appeals his convictions for burglary in the third degree and burglary in the first degree.  He contends the State failed to offer sufficient evidence to support his convictions and the district court erred in not granting his motion for judgment of acquittal.  Thompson also contends the district court abused its discretion in denying his motion for new trial.  OPINION HOLDS:  Finding the State offered substantial evidence of the two burglaries and the jury verdicts were not contrary to the weight of the evidence, we affirm those convictions.

            Appeal from the Iowa District Court for Osceola County, Carl J. Petersen, Judge.  APPEAL DISMISSED IN PART AND AFFIRMED IN PART.  Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.  Opinion by Tabor, J.  (10 pages)

            Borrowers appeal the district court’s denial of their motion to continue the lender’s action to foreclose their real estate mortgage.  They contend the district court abused its discretion in denying their motion to continue without holding an evidentiary hearing as required under Iowa Code section 654.15 (2017).  OPINION HOLDS: Since the events relevant here, the borrowers have lost any interest in one of the two properties at issue, therefore, the appeal is moot as to that note but may continue as to the remaining note.  Although the court professed not to be holding an “evidentiary hearing” on the motion to continue, it allowed the parties to address whether the borrowers filed the motion in good faith.  Both sides had a chance to comment, but the borrowers bypassed the opportunity.  The court did hold a hearing on the motion.  The borrowers filed their motion to continue on the day before the hearing on the lender’s motion for summary judgment.  That, along with the extent of their other indebtedness, led the district court to conclude the borrowers had not acted in good faith.  On our review, we see no abuse of discretion in that conclusion or the decision to deny the motion to continue.  We dismiss the appeal as to the moot note and affirm as to the other note. 

            Appeal from the Iowa District Court for Bremer County, Christopher C. Foy, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Vogel, S.J., and Scott, S.J.  Opinion by Vaitheswaran, P.J.  (13 pages)

            Denver Sunset Nursing Home appeals the district court’s order on the parties’ competing motions for summary judgment, contending the district court erred in limiting its recovery for overcharges by the City of Denver to a period within five years of its lawsuit.  OPINION HOLDS: The discovery rule applied to toll the statute of limitations until Denver Sunset learned of the overcharges.  We reverse the summary judgment ruling to the extent the court declined to apply the discovery rule to toll the statute of limitations.  We remand for further proceedings.  

            Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Carson Sinclair Jr. appeals his conviction of eluding, challenging the sufficiency of the evidence to support the jury’s finding of guilt.  OPINION HOLDS: We affirm Sinclair’s judgment and sentence for eluding.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J. (4 pages)

            Jeremy Rose appeals his conviction of child endangerment resulting in serious injury, challenging a jury instruction alternative.  OPINION HOLDS: Because substantial evidence supports the deprivation-of-necessary-health-care alternative of child endangerment, the district court did not err in instructing the jury on that alternative.  We affirm Rose’s judgment and sentence for child endangerment resulting in serious injury.

            Appeal from the Iowa District Court for Jefferson County, Daniel Kitchen, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (6 pages)

            Danielle Lasley-Eakins appeals from her convictions for possession of methamphetamine and marijuana.  She argues article I, section 8 of the Iowa Constitution required certain evidence be suppressed.  OPINION HOLDS: Because the district court’s ruling did not address her state constitution claim, it is not preserved for our review.

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Doyle, J.  (9 pages)

            Upon discretionary review, defendant Laidlaw & Company UK LTD appeals the district court’s ruling affirming the small claims court magistrate’s ruling denying defendant’s motion to set aside the small claims judgment.  OPINION HOLDS:  We agree with the district court that Laidlaw presented no evidence of good cause to set aside the judgment.   So we affirm the small claims court’s entry of judgment for Clauss.

            Appeal from the Iowa District Court for Wapello County, Myron L. Gookin, Judge. AFFIRMED.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (8 pages)

            Austin Keck appeals from the district court’s finding that he was “presently confined” for purposes of the sexually violent predator act, Iowa Code chapter 229A (2017).  OPINION HOLDS: At the time the petition for civil commitment was filed, Keck was in the custody of the department of corrections serving his five-year prison term for his conviction of enticing a minor, a sexually violent offense.  He was thus presently confined for a sexually violent offense.  Finding no error of law, we affirm.

            Appeal from the Iowa District Court for Appanoose County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            James Dake appeals the district court order adjudicating him a sexually violent predator and civilly committing him to the custody of the Iowa Department of Human Services.  Dake argues the State failed to prove he has a mental abnormality that makes it more likely than not he will reoffend.  OPINION HOLDS: We conclude there was substantial evidence in the record upon which a rational trier of fact could conclude Dake is a sexually violent predator beyond a reasonable doubt.

            Appeal from the Iowa District Court for Chickasaw County, John J. Bauercamper, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL. Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (7 pages)

            Thomas and Vermona Jenn appeal and cross-appeal, respectively, from the decree dissolving their marriage.  OPINION HOLDS: The district court’s property division was equitable given the constraints of the parties’ premarital agreement.  However, the district court erred in awarding Vermona spousal support.  We strike the spousal support award from the decree.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum and Christine Dalton, District Associate Judges.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (8 pages)

            Michael Sykes appeals his conviction of assault causing bodily injury, contending the district court erred in its rulings on his confrontation and hearsay challenges to the admissibility of evidence.  Sykes also challenges the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: We affirm Sykes’s conviction.