2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Associate Probate Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  Special Concurrence by Potterfield, P.J.  (21 pages)

            After a bench trial, the probate court concluded that Tom Kline had failed to establish that his sister, Mary Culp, unduly influenced their father or intentionally interfered with Tom’s inheritance when their father made her a joint owner of all of his bank accounts and certificates of deposit, thereby effectively disinheriting Tom.  OPINION HOLDS: The probate court failed to consider the proper burden of proof and factors when determining whether Mary stood in a confidential relationship to her father.  We conclude a confidential relationship existed between Mary and her father and the burden of proof should have shifted to Mary to rebut the presumption of undue influence by clear, convincing, and satisfactory evidence that she acted in good faith throughout the transaction and her father made the transfer knowingly and intelligently.  We also conclude that Mary failed to rebut the presumption of undue influence and the account assets should be distributed according to the father’s will.  Finally, we conclude that Tom proved Mary intentionally interfered with Tom’s inheritance and he is entitled to damages.  The case is remanded to the probate court for consideration of damages.  SPECIAL CONCURRENCE ASSERTS: I agree with the majority’s conclusion on the substantive issues presented here, but I write separately to quarrel with the formulation of the standard of review on the claim of intentional interference with an inheritance. I would not like to give our district court judges or lawyers the suggestion that a motion to bifurcate was necessary or useful in these circumstances.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Doyle, J.  (12 pages)

            Panther Deng appeals following the entry of a judgment by the district court in favor of the defendants following a trial to the bench.  OPINION HOLDS: We have jurisdiction to consider Deng’s appeal.  However, Deng did not establish by a preponderance of the evidence she suffered any actual damages as a result of the Defendants’ actions within the meaning of Iowa Code chapter 714H (2016).  On our de novo review, we agree with entering judgment in favor of the Defendants.  Accordingly, we affirm the ruling of the district court.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by May, J.  (8 pages)

            Jenny Fishel appeals the district court’s refusal to award financial support as part of a civil domestic-abuse protective order.  OPINION HOLDS: Under Iowa Code section 236.5(1)(b)(6) (2018), the district court may require the defendant to pay “a sum of money for the separate support and maintenance of the plaintiff.”  The court may order this support even if the plaintiff is not otherwise entitled to support under another statutory provision, such as section 598.21A.

            Appeal from the Iowa District Court for Guthrie County, Terry R. Rickers, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Vickie Williams appeals the district court’s denial of her motion to suppress, arguing that her rights were violated under the Fourth Amendment to the United States Constitution and article 1, section 8 of the Iowa Constitution.  OPINION HOLDS: We conclude there was no seizure, reasonable suspicion existed regardless, and there was no custodial interrogation.  We affirm the district court’s denial of Williams’ suppression motion and her judgment and sentence.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            E.R. appeals the district court decision finding she was seriously mentally impaired.  OPINION HOLDS:  E.R. has not shown she received ineffective assistance due to counsel’s failure to challenge the qualifications of a person signing a physician’s report.  We find there is sufficient evidence to show E.R. was not capable of making responsible decisions about her treatment.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (6 pages) 

            Casey Dixon appeals the denial of his postconviction-relief application.  OPINION HOLDS: The due process clauses of the federal and state constitutions do not require retrospective application of the ameliorative sentencing provision set forth in Iowa Code section 902.12(3) (Supp. 2016) to those persons sentenced before July 1, 2016.

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (3 pages)

            Holly Sexton, now known as Holly Teepe, appeals from the decree that decided physical care of D.T., her child with Nickolas Tank.  OPINION HOLDS: On our de novo review of the record, we agree with the district court’s decision to place physical care with Nickolas, and we affirm without further opinion.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (8 pages)

            Thomas Kohn appeals the district court’s decision declaring him a debtor for purposes of a harvester lien claim.  OPINION HOLDS: We find Kohn was a debtor within the meaning of Iowa Code section 571.1B (2017) and affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., Potterfield, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (14 pages)

            Anthony Collins Jr. (Tony) appeals the district court’s denial of his petition to modify the parties’ paternity decree to order physical care of the parties’ child with him rather than the child’s mother, Veronica Landals.  OPINION HOLDS: Upon our review, we affirm the order entered by the court, but we conclude equity requires that Veronica pay for the child’s travel costs necessary to facilitate visitation with Tony, and we modify the order in that regard.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J. (9 pages)

            Joseph Frederick appeals multiple criminal convictions following a jury trial.  He argues the district court abused its discretion in allowing the presentation of prior-bad-acts evidence.  OPINION HOLDS: Finding no abuse of discretion, we affirm Frederick’s criminal convictions. 

            Appeal from the Iowa District Court for Mitchell County, Christopher Foy, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and May and Greer, JJ.  Opinion by Potterfield, P.J.  (11 pages)

            Dewayne Bethke appeals from the district court ruling granting the State’s petition to civilly commit him as a sexually violent predator.  Bethke challenges the sufficiency of the evidence supporting the district court’s findings he suffers from a mental abnormality, as defined by Iowa Code section 229A.2(5) (2017), which makes it more likely than not he will commit another sexually violent act.  OPINION HOLDS: Because substantial evidence supports the district court’s determination Bethke is a sexually violent predator, we affirm the district court ruling granting the State’s petition to have him civilly committed.

            Appeal from the Iowa District Court for Lucas County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran, and Doyle, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Christopher Pate appeals the district court’s denial of his motion for reconsideration of room-and-board assessment, arguing that he does not have the reasonable ability to pay the assessed restitution of $26,861.26.  OPINION HOLDS: The district court did not abuse its discretion in holding that Pate does have the reasonable ability to pay.