March 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (8 pages)

            Joseph Brekke appeals his convictions for operating while intoxicated and possession of controlled substances.  OPINION HOLDS: We find substantial evidence supports each conviction and affirm the district court.

         Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (6 pages)

         A jury convicted Kevin McGee of third-degree sexual abuse and possession of a firearm as a felon.  The jury also made a conclusion sufficient for application of the minimum sentence contained in Iowa Code section 902.7 (2017)—that McGee represented he had a firearm at the time he committed the crime of sexual abuse.  On appeal, McGee challenges the sufficiency of the evidence as to the possession charge and the jury’s finding that he represented he had a firearm when he committed sexual abuse.  OPINION HOLDS: We conclude the evidence was sufficient.  We therefore affirm the denial of McGee’s motions for judgment of acquittal and, consequently, his convictions and sentences.

            Appeal from the Iowa District Court for Polk County, David May, Judge.  AFFIRMED.  Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Vaitheswaran, J.  (5 pages)

            Kent Welsh appeals from an adverse jury verdict in his civil suit against the defendants, claiming the district court abused its discretion in (1) disallowing a telephone deposition; (2) excluding evidence of Lithia’s rating with the Better Business Bureau; and (3) excluding evidence of reviews and complaints filed with the Better Business Bureau.  OPINION HOLDS: We discern no abuse of discretion in the court’s rulings.  We affirm the jury verdict and the judgment in favor of the defendants.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Vogel, C.J.  (6 pages)

            Jyothsna Madhamanchi appeals from the child custody, spousal support, and attorney fee provisions of the decree dissolving her marriage to Madhu Dandamudi.  She asserts the district court should have placed their child in her physical care or it should have ordered additional visitation, communication, and transportation for the child.  She also requests increased spousal support, trial attorney fees, and appellate attorney fees.  OPINION HOLDS: Placing weight on the district court’s findings of credibility, we affirm the decree and decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge, and Joel W. Barrows, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Blane, S.J.  Opinion by Vogel, C.J.  (2 pages)

            Toby Richards appeals from his conviction for driving while barred as a habitual offender.  He asserts his counsel was ineffective for failing to memorialize the terms of his plea agreement on the record, failing to adequately explain the plea agreement, and allowing the State to violate the plea agreement in sentencing.  OPINION HOLDS: On the record before us, we affirm Richards’s conviction but preserve his ineffective-assistance claims for possible postconviction relief.

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Bower, JJ.  Opinion by Vogel, C.J.  (2 pages)

            Kelvin Willform appeals his convictions for domestic abuse assault by strangulation causing bodily injury and false imprisonment.  He asserts his counsel was ineffective for failing to move for a competency hearing and for failing to call his parole officer as a witness.  OPINION HOLDS: On this record, we affirm Willform’s convictions but preserve his ineffective-assistance claims for possible postconviction relief so a complete record may be developed and to afford trial counsel an opportunity to respond to the claims.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  APPEAL DISMISSED.  Considered by Potterfield, P.J., Doyle, J., and Blane, S.J.  Opinion by Potterfield, P.J.  (3 pages)

            W.S. appeals from an order finding he remained seriously mentally impaired.  OPINION HOLDS: Appeal dismissed as untimely.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Heard by Vogel, C.J., Vaitheswaran J., and Gamble, S.J.  Opinion by Gamble, S.J.  (19 pages)

            Robert (Bobby) Reiff, doing business as Reiff Funeral Home and Crematory, appeals from an adverse judgment entered in favor of Reiff Funeral Homes, Inc. and its principal Joseph (Joe) Reiff in this common law trademark infringement suit.  Bobby asserts the district court erred in concluding “Reiff Funeral Home” has a secondary meaning entitled to trademark protections and the plaintiff’s case should be dismissed on the basis of laches.  OPINION HOLDS: We conclude Joe proved he had a valid trademark in the name of Reiff Funeral Home and Bobby infringed on that trademark.  Joe’s trademark infringement claim ripened when Bobby used the internet to enter Joe’s market. Bobby failed to prove his equitable defense of laches.

            Appeal from the Iowa District Court for Dallas County, Richard B. Clogg, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Tabor and McDonald, JJ.  Opinion by McDonald, J.  (10 pages)

            Kathryn Rhoten appeals the district court decision denying her challenge to the validity of a premarital agreement filed in the probate proceedings for her late husband, John Rhoten.  OPINION HOLDS:  We find Kathryn has not shown the premarital agreement is unenforceable on the ground John failed to disclose all of his assets and debts to her and further find the premarital agreement is not unconscionable.  We affirm the district court.

            Appeal from the Iowa District Court for Kossuth County, David A. Lester, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Limited liability company WMG appeals the district court’s grant of Joseph Goche’s motion for summary judgment on Joseph’s claim against WMG for its breach of a warranty deed.  The district court applied the doctrine of merger and rejected WMG’s request to reform the contract.  OPINION HOLDS: WMG raised a genuine issue of material fact by attempting to make a contrary showing to overcome the presumption of merger.  The district court erred when it granted Joseph’s motion for summary judgment.  We reverse and remand for further proceedings. 

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED AS MODIFIED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  Dissent by Vaitheswaran, J.  (15 pages)

            Benjamin Monat appeals from the decree dissolving his marriage to Heather Monat.  He argues the district court erred in awarding Heather physical care of the children, its division of property, and in awarding Heather spousal support.  Heather requests appellate attorney fees.  OPINION HOLDS:  The district court did not err in declining to award joint physical care of the parties’ children and instead awarding Heather physical care of the children.  The property division was equitable.  However, the court’s award of spousal support was inequitable.  We strike that portion of the decree.  Heather’s request for appellate attorney fees is denied.  DISSENT ASSERTS: I believe the district court acted equitably in awarding Heather spousal support, and I would affirm that portion of the district court order.  

            Appeal from the Iowa District Court for Webster County, Adria A.D. Kester, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Tabor and McDonald, JJ.  Opinion by McDonald, J.  (7 pages)

            Khamfeung Thongvanh appeals the denial of his application for post-conviction relief.  OPINION HOLDS: Thongvanh’s application is not time-barred, however, the district court was correct in denying Thongvanh’s application because State v. Plain does not apply retroactively.