April 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  ORDER VACATED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (9 pages)

            Morgan Whalen appeals the district court ruling granting Douglas Whalen’s motion to reconsider provisions of the parties’ dissolution decree.  OPINION HOLDS: Because the court’s order did not constitute a proper nunc pro tunc order, the district court lacked jurisdiction to grant Douglas’s untimely posttrial motion, and we reverse and vacate the district court’s

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge, and Mark R. Fowler, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (5 pages)

            Rodney Beck appeals from his convictions for driving while barred and driving while suspended, contending his trial counsel was ineffective and the court abused its sentencing discretion.  OPINION HOLDS: Beck has failed to prove counsel was ineffective.  We are able to discern the court’s reasons for the sentence imposed and, thus, find no abuse of discretion.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED.  Heard by Potterfield, P.J., and Tabor and McDonald, JJ, but Decided by Potterfield, P.J., and Tabor and Mullins, JJ.  Opinion by Tabor, J.  (18 pages)

            Michael Niday challenges the district court’s affirmance of the workers’ compensation commissioner’s denial of his petition for benefits on the basis the commission lacked jurisdiction.  OPINION HOLDS: Because we find the commissioner erroneously concluded the last act necessary for formation of a contract was fulfillment of conditions precedent within the contract, we reverse.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Derrick Moore appeals his convictions for burglary in the first degree, harassment in the third degree, domestic abuse assault causing bodily injury, and possession of marijuana.  He contends the State failed to offer sufficient evidence to support his convictions and he was prejudiced by trial counsel’s subpar performance.  OPINION HOLDS: Finding the State offered substantial evidence of burglary and drug possession, we affirm those convictions.  Finding Moore failed to preserve error on his challenges to the remaining counts, we decline to disturb the jury verdicts.  Finally, because Moore needs to further develop the record on his allegations of ineffective assistance of counsel, we preserve those claims for possible postconviction-relief proceedings.

            Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (4 pages)

            The district court ordered Matthew Reynolds to serve three concurrent sentences for a total term of incarceration not to exceed fifteen years.  On appeal, Reynolds maintains the court abused its discretion by imposing a term of incarceration rather than granting his request for probation.  OPINION HOLDS: Although the district court did not accept Reynolds’s claims that he could be successful in achieving sobriety if granted probation, Reynolds has not established that the sentence imposed by the court was based on grounds or for reasons clearly untenable, nor was its choice clearly unreasonable under the circumstances.  Thus, we affirm the sentence imposed by the district court.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Carr, S.J.  Opinion by Doyle, P.J.  (5 pages)

            Eric Byizaca appeals the judgment and sentence entered after he pled guilty to one count of dependent adult abuse.  OPINION HOLDS: Because the record shows a factual basis and Byizaca does not have standing to challenge the offense as unconstitutionally vague, he has failed to prove his trial counsel was ineffective for allowing him to enter his plea. 

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Deloris Grace Young, beneficiary of her son William’s estate, challenges the district court’s grant of summary judgment in favor of two appraisal companies on her negligent-misrepresentation claims.  OPINION HOLDS: Because we agree with the district court’s conclusion there was no genuine issue of material fact and Grace failed, as a matter of law, to prove justifiable reliance, we affirm. 

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor and Joel W. Barrows, Judges.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Carr, S.J.  Tabor, J., takes no part.  Opinion by Vogel, C.J.  (4 pages)

            Robert Brown pled guilty to operating while intoxicated, third offense, in violation of Iowa Code section 321J.2(2)(c) (2017).  He now appeals, asserting his counsel was ineffective for allowing the district court to accept his guilty plea without a factual basis.  OPINION HOLDS: We affirm his conviction and conclude counsel was not ineffective because there was a factual basis for Brown’s guilty plea.

            Appeal from the Iowa District Court for Linn County, Robert E. Sosalla and Lars G. Anderson, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J. (3 pages)

            Johnny Tibnol appeals his conviction for incest, claiming the district court abused its discretion by sentencing him to prison.  OPINION HOLDS: We find the district court did not abuse its discretion and affirm the judgment and sentence.

            Appeal from the Iowa District Court for Marion County, Terry R. Rickers, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (3 pages)

            Larry Edgren entered an Alford plea to the charge of assault with intent to commit sexual abuse.  On appeal, he maintains trial counsel provided ineffective assistance.  OPINION HOLDS: Because the record is inadequate for us to decide Edgren’s claims of ineffective assistance, we preserve them for postconviction-relief proceedings. 

            Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (4 pages)

            The University of Iowa, Board of Regents, and State of Iowa appeal from the district court order granting Modern Piping, Inc.’s motion to confirm an arbitration award.  OPINION HOLDS: The use of the word “shall” in the arbitration clause regarding disputes submitted to the design professional indicates arbitration is mandatory.  Because Modern Piping directed the disputes at issue to the design professional, we affirm the order confirming the arbitration award. 

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            The mother appeals the termination of her parental rights, claiming the State did not prove by clear and convincing evidence the statutory requirements for termination.  OPINION HOLDS: The State proved the statutory requirements for termination under Iowa Code section 232.116(1)(h) )2018), termination is in the best interest of the child, and that the bond with the child was not so strong as to defeat termination.  We affirm.