2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Marlon Harris Jr. appeals his convictions of first-degree robbery and second-degree theft, challenging the sufficiency of the evidence supporting the charges.  OPINION HOLDS: We affirm Harris’ judgment and sentence for first-degree robbery and second-degree theft.

            Appeal from the Iowa District Court for Marion County, Bradley M. McCall, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J. (3 pages)

            Randy Camden appeals following his guilty plea to four counts of lascivious acts with a child, contending the district court “considered an improper factor” when it relied on the sentencing recommendation in the presentence investigation report and abused its discretion “by refusing to consider placing [him] on probation based on a personal fixed policy.”  OPINION HOLDS: We affirm Camden’s sentence for four counts of lascivious acts with a child.

            Appeal from the Iowa District Court for Washington County, Randy S. DeGeest, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Bower, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (20 pages)

            The defendants appeal a bench ruling denying their claims and concluding they were not entitled to indemnification.  OPINION HOLDS: We conclude Scott Allen and Doris Park were not validly removed as directors of the nonprofit corporation and are therefore entitled to mandatory indemnification for reasonable expenses incurred while defending the lawsuit, and we remand to the district court for a calculation of those reasonable expenses.  We further conclude that the defendants failed to prove their conversion claims, they were not entitled to judicial dissolution of the nonprofit corporation, and they failed to establish an abuse of discretion with regard to the district court’s denial of sanctions.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (3 pages)

            Larry Fairfax appeals his conviction for absence from custody, claiming his counsel provided ineffective assistance.  OPINION HOLDS: The record on appeal is not sufficient to resolve Fairfax’s ineffective-assistance-of-counsel claim.  We affirm.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Defendant appeals from a district court order revoking his probation and imposing an indeterminate term of incarceration not to exceed two years.  OPINION HOLDS: We disagree with defendant’s allegations that the court made procedural errors and abused its discretion. 

            Appeal from the Iowa District Court for Polk County, Carol L. Coppola, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (3 pages)

            Jeremy Batiste appeals the judgment and sentence entered after he pleaded guilty to driving while barred as a habitual offender.  OPINION HOLDS: We find the record and Batitse’s argument too undeveloped to resolve his ineffective-assistance-of-counsel claims.  So we preserve them for postconviction relief and affirm. 

            Appeal from the Iowa District Court for Lucas County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Tabor, J.  (14 pages)

            Three siblings appeal the district court’s order granting judgment notwithstanding the verdict, vacating an award of punitive damages, and granting a conditional new trial following the jury verdicts on their claims of tortious interference with inheritance, unjust enrichment, and mistake.  OPINION HOLDS: The defendant cannot have acted in good faith in regard to the joint accounts she held with the decedent (although the decedent acted freely, intelligently, and voluntarily) and simultaneously have interfered with the siblings’ inheritance of the funds in those accounts by committing acts of fraud or by exerting undue influence on the decedent.  In addition, even viewing the evidence in the light most favorable to the siblings, this record lacks substantial proof the defendant engaged in fraud or undue influence.  Next, because the siblings did not prove their claim of intentional interference, we affirm the district court’s decision to vacate the award of punitive damages.  Finally, the jury’s award of compensatory damages was not supported by substantial evidence.  We find no abuse of discretion in the court’s order for conditional new trial or remittitur.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Mullins, J. (3 pages)

              Brian Christner appeals his conviction of voluntary absence from custody and the sentence imposed.  OPINION HOLDS: We affirm Christner’s conviction and sentence. 

            Appeal from the Iowa District Court for Johnson County, Patrick R. Grady, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Mullins and Greer, JJ.  Opinion by Bower, C.J.  (2 pages) 

            Jairo Rodriguez appeals from the district court’s judgment denying his motion to suppress evidence stemming from a traffic stop.  OPINION HOLDS: Because the same legal reasoning and opinion in a companion case, State v. Salcedo, ___ N.W.2d ___, No. 18-1353, 2019 WL 5849005 (Iowa 2019), recently filed by our supreme court, fully apply here, we reverse and remand.

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  AFFIRMED ON APPEAL, CROSS-APPEAL DISMISSED AS MOOT.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (7 pages)

            Bronson Ganka died as a result of a workplace injury.  His widow, Kara Ganka, brought a gross negligence claim against his co-employee, Jeff Clark.  The jury found in favor of Kara.  Jeff moved for judgment notwithstanding the verdict.  The district court granted Jeff’s motion.  Kara appeals.  OPINION HOLDS: We find there was insufficient evidence to prove gross negligence.  So we affirm the grant of judgment notwithstanding the verdict. 

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (19 pages)

            A hotel appeals from a jury verdict giving the plaintiff a substantial damages award following a slip-and-fall on ice outside the hotel.  The hotel contends the verdict is excessive as a result of the plaintiff’s evidence inflaming the passions and prejudices of the jury.  The defendant hotel also contends the district court abused its discretion in various evidentiary objections.  OPINION HOLDS: The hotel has not shown the verdict is excessive as a result of the plaintiff inflaming the passions and prejudices of the jury.  The court did not abuse its discretion in permitting the objected-to evidence; other evidence improperly admitted was harmless.  We affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (6 pages)

            The claimant appeals from the district court’s ruling on judicial review affirming the Workers’ Compensation Commissioner’s denial of permanent disability benefits.  OPINION HOLDS: Having considered all arguments set forth in this appeal, whether or not specifically mentioned in this opinion, we affirm the district court’s ruling on judicial review affirming the agency’s denial of permanent disability benefits under Iowa Court Rule 21.26.