March 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Sean McPartland and Denver D. Dillard, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (5 pages)

            Jianning Wang appeals the dismissal of his civil petition for failure to comply with the service requirements of the Iowa Rules of Civil Procedure.  OPINION HOLDS: We affirm the district court’s dismissal of Wang’s petition, without prejudice. 

            Appeal from the Iowa District Court for Polk County, Paul R. Huscher, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (17 pages)

            An injured worker appeals the district court’s judicial review decision in his workers’ compensation case.  OPINION HOLDS: We find substantial evidence supports the award of permanent-partial-disability (PPD) benefits.  We agree with the appeal deputy’s interpretation and application of Iowa Code section 86.13 (2013) in determining penalty benefits.  We find no abuse of discretion in the allocation of costs.  Therefore, we affirm those parts of the district court judgment that affirm the commissioner’s ruling on Baccam’s PPD benefits and taxation of transcript costs.  We reverse that part of the district court judgment remanding the case to the workers’ compensation commissioner with directions.  Costs on appeal are taxed to Baccam.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED AS MODIFIED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J.  (4 pages)

            A mother appeals a provision of a decree establishing custody, visitation, and support, which determined the child should bear the father’s surname rather than the mother’s.  OPINION HOLDS:  It is in the child’s best interest to bear the mother’s surname.

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J.  (3 pages)

            A plaintiff appeals the grant of summary judgment on his claim of unjust enrichment.  OPINION HOLDS:  The grant of summary judgment was proper because the defendant was entitled to judgment as a matter of law and no unjust enrichment occurred.

            Appeal from the Iowa District Court for Linn County, Lars Anderson and Chad Kepros, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (4 pages)

            Troy Hartson appeals the dismissal of his application for postconviction relief (PCR) on statute-of-limitations grounds.  He argues his application is based on newly-discovered evidence and he is therefore excepted from the statute of limitations and the court erred in dismissing his application without affording him a hearing.  OPINION HOLDS: We affirm the dismissal of Hartson’s PCR application.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Vaitheswaran, J. (3 pages)

            Joseph Funke appeals the sentence entered on his conviction for possession of methamphetamine, third offense.  OPINION HOLDS: We discern no abuse of discretion in the district court’s sentencing decision.  Accordingly, we affirm Funke’s conviction, judgment and sentence for possession of methamphetamine, third offense.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (4 pages)

            A father appeals the termination of his parental rights to his children, born in 2009, 2012, and 2014.  He contends termination is not in the best interests of the children.  OPINION HOLDS: Upon our review, we affirm termination of the father’s parental rights.

            Appeal from the Iowa District Court for Woodbury County, Timothy T. Jarman, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (3 pages)

            Mikala Webster appeals her conviction of operating while intoxicated.  She argues the district court erred in denying her motion to dismiss on statute-of-limitations grounds.  On appeal, she argues Iowa Code section 802.6(1) (2013) violates the due process and equal protection clauses of the state and federal constitutions.  OPINION HOLDS: We agree with the State that Webster has failed to preserve error on her constitutional claims, as they were not raised in nor decided by the district court.  We affirm the denial of her motion to dismiss and her conviction. 

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Vaitheswaran, J.  (5 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: The department satisfied its reasonable-efforts mandate, and the juvenile court did not abuse its discretion in declining to grant an extension of time to facilitate reunification.  We affirm the termination of the father’s parental rights to the child.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  SENTENCE VACATED AND REMANDED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J. (6 pages)

            Gregory Hintze appeals following his conviction for extortion.  Hintze claims the court abused its discretion in sentencing by allowing the victim’s mother to provide a victim impact statement and considering unproven and unprosecuted offenses.  OPINION HOLDS: We vacate the defendant’s sentence and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Boone County, Steven A. Owen, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Blane, S.J.  Opinion by Vaitheswaran, J. (2 pages)

            Mark McMahon appeals following his guilty plea to failure to comply with sex offender registry requirements, first offense.  OPINION HOLDS: We find the record inadequate to resolve McMahon’s ineffective-assistance claim.  Accordingly, we preserve it for postconviction relief.

            Appeal from the Iowa District Court for Osceola County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Doyle, P.J.  (16 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: I. Because clear and convincing evidence shows imminent harm would likely occur to the children’s physical, mental, or social well-being if returned to the mother’s custody, termination of the mother’s parental rights is appropriate under Iowa Code section 232.116(1)(f) (2017).  II. Assuming the mother preserved error on her reasonable-efforts challenge, we are unable to conclude the State failed to make reasonable efforts.  III. We decline to delay the children’s permanency by granting the mother additional time to reunify with the children.