March 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (9 pages)

            Sherry Dianne Dekeyser appeals part of the property division and award of spousal support and attorney fees in the parties’ dissolution decree.  Andrew Pergiel cross-appeals on the allocation of a retirement account.  OPINION HOLDS: We affirm the district court’s decree.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

Patrick Miller Webb Jr. appeals the denial of his application for postconviction relief, arguing ineffective assistance of plea counsel.  OPINION HOLDS: On our de novo review, we conclude counsel was not ineffective in handling the suppression issue.  We affirm the district court’s denial of Webb’s postconviction-relief application. 

            Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.  APPEAL DISMISSED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Potterfield, P.J.  (3 pages)

            Michael Lindgren appeals, asserting he had a liberty interest in being placed on work release, rather than in prison, and was thus entitled to a pre-transfer hearing.  OPINION HOLDS: Lindgren has since discharged his underlying sentence; his appeal is moot.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Scott, S.J.  Opinion by Vaitheswaran, J. (4 pages)

            Ramona Brandt appeals following her entry of an Alford plea in relation to a second-degree theft charge, arguing ineffective assistance of counsel.  OPINION HOLDS: We affirm Brandt’s plea and her conviction, judgment, and sentence for second-degree theft. 

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (5 pages)

            Amanda Phillips-Hewitt appeals the district court’s denial and dismissal of her application for order to show cause against Christopher Brekke for his failure to keep current with his child-support obligations.  Amanda also challenges the court’s denial of her request for trial attorney fees, and she requests appellate attorney fees.  OPINION HOLDS: We affirm the trial court’s dismissal of the contempt action and denial of the request for attorney fees.  We decline to award appellate attorney fees.  Costs on appeal are assessed to Amanda.

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J. (2 pages)

            Ali Abdelkarim Ali pled guilty to robbery in the second degree and appeals the sentence imposed, contending the district court erred in determining it did not have the authority to suspend the minimum fine.  OPINION HOLDS: Iowa Code section 907.3 (2017) withholds the authority to suspend a sentence for a forcible felony.

            Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

            Erin Macke appeals the judgement and sentence entered following her plea to four counts of child endangerment.  OPINION HOLDS: Because the record is insufficient to determine Macke’s ineffective-assistance-of-counsel claim on the merits, we affirm her convictions and preserve the issue of ineffective assistance of counsel for postconviction-relief proceedings.  We decline to adopt the plain-error doctrine. 

            Appeal from the Iowa District Court for Howard County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., Doyle, J., and Carr, S.J.  Opinion by Doyle, J.  (9 pages)

            Sue Ann Dougan, the assignee of a debtor’s statutory right of redemption, appeals following the dismissal of her petition in district court seeking declaration of her assignment’s validity, as well as calculation of the interest due to redeem the debtor’s foreclosed property.  Dougan challenges the district court’s determination that the use of the word “exclusive” in the foreclosure decree meant the debtor was prohibited from validly assigning his right of redemption.  Dougan further asserts the court erred in finding that because the debtor did not appeal the decree, “the law of the case” and res judicata rendered Dougan’s assignment invalid and unenforceable.  OPINION HOLDS: Because the debtor had the exclusive right of redemption under Iowa Code section 628.3 (2017) and the foreclosure decree, and because Iowa case law states the right likewise applies to the debtor’s section 628.25 assignee, Dougan’s assignment was valid and enforceable.  The district court erred in holding otherwise.  Accordingly, we reverse the district court’s ruling finding the assignment was invalid, and we remand for entry of judgment consistent with this opinion.

            Appeal from the Iowa District Court for Mahaska County, Shawn Showers, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Blane, S.J.  Opinion by Vaitheswaran, J.  (5 pages)

            Clarence Bryant appeals the summary denial of his postconviction-relief application, arguing new factual and legal grounds exist to render dismissal on untimeliness grounds improper.  OPINION HOLDS: We affirm the dismissal of Bryant’s postconviction-relief application.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Tabor, P.J., Bower, J., and Scott, S.J.  Opinion by Scott, S.J.  Dissent by Tabor, P.J.  (11 pages)

            Jack Hays appeals the district court decision denying his claim the restitution order in his case was improper.  OPINION HOLDS:  Hays’s claims do not involve an illegal sentence.  His claims regarding the amount of restitution and his assertion the amount of restitution constitutes cruel and unusual punishment are barred by the law of the case doctrine.  The district court took Hays’s reasonable ability to pay into consideration and reduced the amount of his payments.  For the future, the better practice would be for the State to prepare a statement of the specific charges in the restitution plan and the reason for those charges.  We affirm the decision of the district court.  DISSENT ASSERTS: I would remand for further proceedings to clarify the basis of Hays’s restitution plan issued by the Department of Corrections (DOC).  The district court never entered a supplemental order finalizing the amount Hays owes, and the DOC plan does not supplant the court’s duty to approve the total amount of restitution and the offender’s ability to pay. 

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (7 pages)

            Jeffrey Peterson appeals the judgment and sentence entered after pleading guilty to possession of controlled substance with intent to deliver, second offense.  OPINION HOLDS: I. We preserve Peterson’s claim his counsel was ineffective by failing to file a motion in arrest of judgment challenging the knowing and voluntary nature of his plea for postconviction relief.  II. The district court did not abuse its discretion in refusing to consider a suspended sentence.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (7 pages)

            A father appeals from the district court’s order modifying the physical care provisions of the custody decree concerning his minor child.  OPINION HOLDS: We affirm the physical care modification.  We award Becky $5000 in appellate attorney fees.  Costs on appeal are assessed equally between the parties.