Filed Sep 11, 2019
View Opinion No. 18-1646
View Summary for Case No. 18-1646
Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. AFFIRMED. Considered by Potterfield, P.J., and Mullins and Greer, JJ. Gamble, S.J., takes no part. Opinion by Potterfield, P.J. (5 pages)
Christopher Fisher appeals the district court order dismissing his contempt application. He argues the district court erred by finding he had not met his burden to prove his former spouse Karen Fisher had willfully violated the prior custody order concerning their minor child by sending the child on a trip over Christopher’s objection. OPINION HOLDS: The district court did not abuse its discretion. We affirm.
Filed Sep 11, 2019
View Opinion No. 18-1653
View Summary for Case No. 18-1653
Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge. AFFIRMED. Considered by Mullins, P.J., Bower, J., and Vogel, S.J. Opinion by Bower, J. (6 pages)
Lynn Washburn-Livingston seeks reversal of the district court’s finding the Davenport Civil Service Commission did not have jurisdiction to grant her continued employment with the Davenport Fire Department. OPINION HOLDS: We find her prior Illinois status did not transfer to Iowa civil service status and affirm the district court.
Filed Sep 11, 2019
View Opinion No. 18-1662
View Summary for Case No. 18-1662
Appeal from the Iowa District Court for Sioux County, Patrick H. Tott, Judge. AFFIRMED IN PART, SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by May, J. (8 pages)
Kamie Jo Schiebout appeals from her conviction and sentence for felony possession of methamphetamine as an habitual offender. She challenges the district court’s suppression ruling and her sentence. OPINION HOLDS: (1) The seizure of Schiebout’s purse was a permissible seizure incident to arrest. So the district court was correct in denying Schiebout’s motion to suppress. (2) Federal drug convictions do not count as prior convictions for purposes of Iowa Code section 124.401(5) (2017). Because Schiebout has only one relevant prior conviction, her current offense should be treated as an aggravated misdemeanor, not a felony. We vacate Schiebout’s sentence and remand for resentencing.
Filed Sep 11, 2019
View Opinion No. 18-1805
View Summary for Case No. 18-1805
Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS. Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ. Opinion by Doyle, J. (10 pages)
Jaramya Campbell appeals the denial of his application for postconviction relief (PCR). OPINION HOLDS: Because we agree that the underlying sentence for one of Campbell’s criminal convictions illegally ordered that he serve a 45-day term in jail rather than in the custody of the Iowa Department of Corrections, we reverse the PCR court’s ruling denying his application for PCR with respect to that sentence, and we remand with instructions. We affirm the PCR court’s ruling in all other respects.
Filed Sep 11, 2019
View Opinion No. 18-1860
View Summary for Case No. 18-1860
Appeal from the Iowa District Court for Marion County, Terry R. Rickers, Judge. AFFIRMED. Considered by Mullins, P.J., Bower, J., and Vogel, S.J. Opinion by Bower, J. (6 pages)
Michael Olson appeals the district court order requiring him to pay temporary child support, spousal support, and attorney fees to Erika Olson. OPINION HOLDS: We find the district court order for support was equitable and the court did not abuse its discretion in ordering temporary attorney fees. We award appellate attorney fees to Erika.
Filed Sep 11, 2019
View Opinion No. 18-1877
View Summary for Case No. 18-1877
Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea and Mary E. Howes, Judges. CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by Mullins, J. (12 pages)
Dairramey Moore appeals his convictions of intimidation with a dangerous weapon with intent and reckless use of a firearm. Moore argues (1) the evidence was insufficient to support his convictions; (2) the court failed to exercise its discretion in imposing sentence; and (3) the district court improperly ordered him to pay attorney fees, court costs, and correctional fees as restitution without first determining his reasonable ability to pay the same. OPINION HOLDS: We affirm Moore’s convictions and the sentence imposed on count one. We vacate the restitution provisions of the sentencing order and remand the matter to the district court for receipt of a final restitution plan and a determination of Moore’s reasonable ability to pay.
Filed Sep 11, 2019
View Opinion No. 18-1888
View Summary for Case No. 18-1888
Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ. Opinion by Bower, J. (5 pages)
Joseph White appeals the denial of his motion to suppress the evidence obtained following the warrantless stop of his vehicle. OPINION HOLDS: Because the trooper had reasonable suspicion of an inoperative headlamp to stop the vehicle, we affirm.
Filed Sep 11, 2019
View Opinion No. 18-1929
View Summary for Case No. 18-1929
Appeal from the Iowa District Court for Taylor County, Patrick W. Greenwood, Judge. AFFIRMED AND REMANDED. Considered by Vaitheswaran, P.J., and Tabor and Bower, JJ. Opinion by Tabor, J. (14 pages)
A former wife, Lisa, appeals the district court’s grant of the former husband, Jonathan’s, petition to modify the custody provisions of their dissolution decree. The district court order split care, giving Lisa physical care of their older son and Jonathan physical care of the younger son. Lisa challenges this arrangement and argues both children would do better in her physical care. OPINION HOLDS: The court’s modification is in the best interests of the children. There are strong and compelling reasons here to split custody between both parents. We affirm the physical care order but remand for the district court to enter an order on appellate attorney fees for Jonathan.
Filed Sep 11, 2019
View Opinion No. 18-1955
View Summary for Case No. 18-1955
Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by May, J. (4 pages)
Jason Batterman appeals from the district court’s refusal to modify the physical-care placement of his child. He also challenges the district court’s award of attorney fees to the child’s mother. OPINION HOLDS: Jason did not demonstrate he could provide the child with superior care. Accordingly, the district court properly refused to modify the child’s physical-care placement.
Filed Sep 11, 2019
View Opinion No. 18-1999
View Summary for Case No. 18-1999
Appeal from the Iowa District Court for Black Hawk County, Brook K. Jacobsen, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Greer, JJ. Opinion by Potterfield, P.J. (3 pages)
Brenna Folkers challenges the sufficiency of the evidence supporting her conviction of child endangerment following a trial to the bench. She maintains the State did not establish she knowingly acted in a manner that created a substantial risk to her son’s physical, mental, or emotional health or safety. OPINION HOLDS: Because keeping marijuana and hash oil in the home where a toddler can access it creates a substantial risk to the child’s safety, substantial evidence supports Folkers’s conviction. We affirm.
Filed Sep 11, 2019
View Opinion No. 18-2000
View Summary for Case No. 18-2000
Appeal from the Iowa District Court for Scott County, Thomas G. Reidel and Henry W. Latham II, Judges. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ. Opinion by Doyle, J. (3 pages)
Eugene Harris appeals his conviction for neglect of a dependent person. OPINION HOLDS: When viewed in the light most favorable to the State, substantial evidence supports a finding that Harris was a person having custody of a dependent person. Because substantial evidence supports Harris’s conviction, we affirm.
Filed Sep 11, 2019
View Opinion No. 18-2017
View Summary for Case No. 18-2017
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. AFFIRMED. Considered by Potterfield, P.J., and Doyle and Bower, JJ. Opinion by Potterfield, P.J. (8 pages)
Michael Hecht appeals from the district court’s ruling on judicial review affirming the Workers’ Compensation Commissioner’s denial of permanency and penalty benefits. Hecht maintains the commissioner erred when he granted the defendants’ untimely application to submit additional evidence. He argues his substantial rights were prejudiced when the commissioner then relied on the late-submitted evidence to modify the deputy commissioner’s ruling of 30% industrial disability and the assessment of penalty benefits to an award of no permanency or penalty benefits. OPINION HOLDS: We agree with the district court; the commissioner did not err in determining the twenty-day deadline of Iowa Administrative Code rule 876-4.28 could be extended upon a showing of good cause and did not abuse his discretion in finding Highline established good cause for the delay in these circumstances. We affirm.