2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            George and Candace Saluri appeal the district court decision granting summary judgment to Jay and Cathy Buckley on the ground the Saluris’ claims of negligence, negligence per se, temporary nuisance, permanent nuisance, and trespass are barred by the statute of limitations.  OPINION HOLDS:  We find the district court properly granted summary judgment to the Buckleys on the ground the Saluris’ claims are barred by the five-year statute of limitations in Iowa Code section 614.1(4) (2017) for injuries to property.  We affirm the district court.

            Appeal from the Iowa District Court for Floyd County, James M. Drew, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J.  (5 pages)

            Stephen Broderson appeals the dismissal of his postconviction-relief application.  OPINION HOLDS: Broderson has not met his burden of proof on any of his ineffective-assistance claims.  Therefore, we affirm.

            Appeal from the Iowa District Court for Floyd County, Rustin T. Davenport, Judge.  AFFIRMED AS MODIFIED.  Heard by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (7 pages)

            Carole Browman, formerly known as Carole Melrose, appeals from the spousal support provisions of the decree dissolving her marriage to Mark Melrose.  OPINION HOLDS: Ultimately, we find the court’s determination of Mark’s annual income to be with the range of evidence.  Nevertheless, having considered all of the relevant factors, we conclude upon our de novo review of the record that Carole’s alimony award should be increased to $3000 per month.  We decline each party’s request for appellate attorney fees in this appeal.

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Defendant Brett Hensley appeals the denial of his request for earned time credit pursuant to Iowa Code section 903A.2(3) (2018).  OPINION HOLDS: We dismiss Hensley’s appeal due to mootness.

            Appeal from the Iowa District Court for Johnson County, Christopher L. Bruns, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Mullins, J.  (12 pages)

            Dr. Robert Raw appeals the district court’s grant of summary judgment on statute-of-limitation grounds in favor of Dr. Christina Spofford on his claims of defamation.  Raw generally argues the court erred in concluding he was on inquiry notice of his claims in 2014, thus barring his 2017 petition as outside the two-year statute of limitations contained in Iowa Code section 614.1(2) (2017).  OPINION HOLDS: We affirm the district court’s conclusions that Raw was on notice of his claims against Spofford no later than 2014, the claims had accrued at that time, and Raw’s 2017 petition was therefore barred by the two-year statute of limitations.

            Appeal from the Iowa District Court for Floyd County, Chris Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J. (4 pages)

            Michael Debettignies appeals his conviction for third-degree sexual abuse.  He contends the district court abused its discretion when it sustained a motion in limine.  OPINION HOLDS:  Debettignies failed to preserve error because (1) he did not offer the evidence during trial and (2) the motion in limine ruling was not unequivocal so as to leave no question as to whether the evidence would be admitted.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Greer, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Maria Del Rosario Romero appeals the district court decision affirming the workers’ compensation commissioner’s denial of benefits, challenging the commissioner’s application of the discovery rule.  OPINION HOLDS: The commissioner’s findings are supported by substantial evidence, and the commissioner’s application of the discovery rule to the facts was not irrational, illogical, or wholly unjustifiable.

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., Mullins, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Former spouses appeal and cross-appeal a decree of dissolution of marriage.  OPINION HOLDS: We affirm the district court’s decree of dissolution of marriage. 

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Bower, C.J.  (6 pages)

            Fred Vogt appeals from a district court order granting the City of Carter Lake and Carter Lake City Council’s motion to dismiss.  Vogt sought declaratory judgment to enjoin amendment to zoning regulations to allow gaming facilities in C-2 General Commercial Districts.  OPINION HOLDS: We find to the extent the zoning district applied to property outside of tribal trust property, the court had jurisdiction over the action and reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Ringgold County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Lloyd, S.J., takes no part.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Douglas and Susan Hickman appeal the district court’s denial of injunctive relief regarding their challenge to Ringgold County’s condemnation of a portion of their land, contending Iowa Code section 6A.22 (2018) “restricts and prohibits the authority of a county to condemn private land to facilitate private use and/or for economic development.”  OPINION HOLDS: Because the County was statutorily authorized to upgrade the road, we affirm the court’s dismissal of the Hickmans’ challenge to the County’s condemnation notice. 

            Appeals from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge (19-0345) and the Iowa District Court for Jasper County, Thomas P. Murphy, Judge (19-0131).  AFFIRMED ON BOTH APPEALS. Considered by Potterfield, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Ronald Agee appeals the district court’s dismissal of his petition for writ of habeas corpus and denial of his motion to correct an illegal sentence.  Agee argues he can pursue his claims through a petition for habeas corpus and also that he was entitled to an automatic discharge of his lifetime special sentence after ten years with credit for time served in prison.  OPINION HOLDS: Agee committed a public offense; for that reason a writ of habeas corpus is unavailable to him.  Iowa Code section 903B.1 (2007) provides for a lifetime special sentence and the length of the sentence for the criminal offense is irrelevant.  Unless the Iowa Board of Parole decides to discharge his special sentence, Agee is required to comply with its terms for the rest of his life or face revocation of release.  We affirm both district court rulings.

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy and Randy V. Hefner, Judges.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J. (10 pages)

            Gregory Schuldt appeals the denial of his motion to suppress in which he challenged the district court’s issuance of three separate search warrants sought by Newton police in their investigation of a drive-by shooting.  Schuldt also contests the district court’s imposition of court costs without determining his reasonable ability to pay.  OPINION HOLDS: Based upon our review, the district court had a substantial basis for concluding probable cause existed to issue the warrants.  But the court failed to apply the statutory requirements for restitution.  We affirm the convictions but reverse the sentence in part and remand for entry of a final restitution order.