May 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            The Hemmingsens appeal the district court’s grant of summary judgment in favor of the Mings, contending the court erred in concluding their claim could have been fully and fairly adjudicated in a prior action.  OPINION HOLDS: We conclude the doctrine of claim preclusion bars the present action, and we affirm the district court’s ruling.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Doyle and Mullins, JJ.  Opinion by per curiam.  (8 pages)

            Robert Swanson appeals the order continuing his commitment as a sexually violent predator.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State and leaving credibility determinations to the district court, substantial evidence supports a finding that Swanson has a mental abnormality affecting his emotional or volitional capacity and is likely to engage in predatory acts that constitute sexually violent offenses if discharged from treatment.  Because the State proved beyond a reasonable doubt that Swanson’s commitment should continue, we affirm.

            Appeal from the Iowa District Court for Polk County, Lawrence P. Mclellan, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by per curiam.  (6 pages)

            Gage Smith appeals following the issuance of a final domestic abuse protective order against him.  OPINION HOLDS: Because we find sufficient evidence supports the district court’s finding that Smith committed domestic abuse against King, we affirm. 

            Appeal from the Iowa District Court for Audubon County, Susan Christensen, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (11 pages)

            Samantha Bailey appeals from judgment and sentences entered following her plea of guilty to two counts of child endangerment and one count of neglect of a dependent person.  She contends the district court abused its discretion in denying her motions in arrest of judgment and to withdraw her pleas.  She also challenges the imposition of consecutive sentences, and she claims there is not a factual basis for her pleas.  OPINION HOLDS: Because the district court did not abuse its discretion in denying Bailey’s late-filed motions, the court did not err in imposing consecutive sentences, and there is a factual basis for her pleas, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Heard by Mullins, P.J., Vogel, C.J., and Vaitheswaran, Doyle, and Tabor, JJ.  Opinion by Mullins, P.J. (10 pages)

            Destiny Brown appeals her convictions of two counts of second-offense possession of a controlled substance, contending the district court erred in denying her motion to suppress evidence obtained as a result of a traffic stop.  She contends the State failed to meet its burden to prove the continued detention following the initial stop of her vehicle was constitutional.  She additionally argues the stopping officer’s failure “to diligently and reasonably investigate the reasonable suspicion for the traffic stop” rendered the continued detention unconstitutional.  OPINION HOLDS: We affirm the denial of Brown’s motion to suppress. 

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            K.E. appeals after being adjudicated a delinquent for theft in the second degree, possession of stolen property, in violation of Iowa Code sections 714.1(1), 714.1(4), and 714.2(2) (2017).  He alleges the State failed to prove the theft occurred within the statute of limitations, trial counsel was ineffective in failing to move for a judgment of acquittal, and there is insufficient evidence K.E. knew the four-wheeler in his possession was stolen.  OPINION HOLDS: The State proved the delinquent act occurred in June 2017, and there is substantial evidence K.E. believed the vehicle in his possession was stolen.  We affirm.

            Appeal from the Iowa District Court for Buchanan County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (5 pages)

            After a bench trial, Joseph Banks was found guilty of lascivious acts with a child, in violation of Iowa Code sections 709.8(1)(a), 709.8(2)(a), and 903B.1 (2016).  He contends the trial court abused its discretion in denying his motion for new trial, asserting the verdict is contrary to the weight of the evidence.  OPINION HOLDS: Finding no abuse of the trial court’s discretion here, we affirm.

            Appeal from the Iowa District Court for Poweshiek County, Annette J. Scieszinski, Judge.  AFFIRMED.  Considered by Vogel, C.J., Tabor, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Hal Runner appeals his restitution order for court-appointed attorney fees, asserting the court used an incorrect standard to determine his ability to pay.  OPINION HOLDS: We find the court properly considered Runner’s ability to pay before ordering restitution at both his sentencing and resentencing hearings.  Therefore, we affirm the restitution order.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED AS MODIFIED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            Shelly Verdoorn appeals the property division in the parties’ dissolution decree.  OPINION HOLDS:  We determine the amount of $93,200.00, representing her interest in a home she owned prior to the marriage, should be set aside to Shelly as her premarital property.  We modify the decree to decrease the property settlement payable from Shelly to Troy Verdoorn.  We affirm the dissolution decree as modified.

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Doyle, P.J., Mullins, J., and Blane, S.J.  Opinion by Mullins, J.  (3 pages)

            Brown Dennis appeals the sentences imposed upon his two misdemeanor theft convictions.  He argues the court abused its discretion in failing to articulate adequate reasons for the sentences imposed.  OPINION HOLDS: The district court abused its discretion in considering a sentencing factor not supported by the record.  Consequently, we vacate the sentences and remand for resentencing.

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

            Jon Luckstead appeals the district court judgment finding no compensable taking occurred due to the Iowa Department of Transportation’s relocation of the access point to Luckstead’s property and finding as proper the compensation awarded by the Dubuque County Compensation Commission for two parcels of land.  OPINION HOLDS: We find the district court correctly found the access issue was not a compensable taking and affirm.

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (5 pages)

            Dana Cherry appeals his conviction for driving while barred.  He claims the district court erred in failing to rule on his motion in arrest of judgment prior to sentencing and his counsel was ineffective for failing to ensure the court addressed the motion prior to sentencing.  Cherry also claims the district court abused its discretion by failing to consider the sentence he recommended outside the plea agreement.  OPINION HOLDS: We find Cherry’s motion in arrest of judgment was untimely, preserve the ineffective-assistance claim, and find the sentencing claim is moot.  We affirm.