2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J. (2 pages)

            Ali Abdelkarim Ali pled guilty to robbery in the second degree and appeals the sentence imposed, contending the district court erred in determining it did not have the authority to suspend the minimum fine.  OPINION HOLDS: Iowa Code section 907.3 (2017) withholds the authority to suspend a sentence for a forcible felony.

            Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

            Erin Macke appeals the judgement and sentence entered following her plea to four counts of child endangerment.  OPINION HOLDS: Because the record is insufficient to determine Macke’s ineffective-assistance-of-counsel claim on the merits, we affirm her convictions and preserve the issue of ineffective assistance of counsel for postconviction-relief proceedings.  We decline to adopt the plain-error doctrine. 

            Appeal from the Iowa District Court for Howard County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., Doyle, J., and Carr, S.J.  Opinion by Doyle, J.  (9 pages)

            Sue Ann Dougan, the assignee of a debtor’s statutory right of redemption, appeals following the dismissal of her petition in district court seeking declaration of her assignment’s validity, as well as calculation of the interest due to redeem the debtor’s foreclosed property.  Dougan challenges the district court’s determination that the use of the word “exclusive” in the foreclosure decree meant the debtor was prohibited from validly assigning his right of redemption.  Dougan further asserts the court erred in finding that because the debtor did not appeal the decree, “the law of the case” and res judicata rendered Dougan’s assignment invalid and unenforceable.  OPINION HOLDS: Because the debtor had the exclusive right of redemption under Iowa Code section 628.3 (2017) and the foreclosure decree, and because Iowa case law states the right likewise applies to the debtor’s section 628.25 assignee, Dougan’s assignment was valid and enforceable.  The district court erred in holding otherwise.  Accordingly, we reverse the district court’s ruling finding the assignment was invalid, and we remand for entry of judgment consistent with this opinion.

            Appeal from the Iowa District Court for Mahaska County, Shawn Showers, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Blane, S.J.  Opinion by Vaitheswaran, J.  (5 pages)

            Clarence Bryant appeals the summary denial of his postconviction-relief application, arguing new factual and legal grounds exist to render dismissal on untimeliness grounds improper.  OPINION HOLDS: We affirm the dismissal of Bryant’s postconviction-relief application.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Tabor, P.J., Bower, J., and Scott, S.J.  Opinion by Scott, S.J.  Dissent by Tabor, P.J.  (11 pages)

            Jack Hays appeals the district court decision denying his claim the restitution order in his case was improper.  OPINION HOLDS:  Hays’s claims do not involve an illegal sentence.  His claims regarding the amount of restitution and his assertion the amount of restitution constitutes cruel and unusual punishment are barred by the law of the case doctrine.  The district court took Hays’s reasonable ability to pay into consideration and reduced the amount of his payments.  For the future, the better practice would be for the State to prepare a statement of the specific charges in the restitution plan and the reason for those charges.  We affirm the decision of the district court.  DISSENT ASSERTS: I would remand for further proceedings to clarify the basis of Hays’s restitution plan issued by the Department of Corrections (DOC).  The district court never entered a supplemental order finalizing the amount Hays owes, and the DOC plan does not supplant the court’s duty to approve the total amount of restitution and the offender’s ability to pay. 

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (7 pages)

            Jeffrey Peterson appeals the judgment and sentence entered after pleading guilty to possession of controlled substance with intent to deliver, second offense.  OPINION HOLDS: I. We preserve Peterson’s claim his counsel was ineffective by failing to file a motion in arrest of judgment challenging the knowing and voluntary nature of his plea for postconviction relief.  II. The district court did not abuse its discretion in refusing to consider a suspended sentence.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (7 pages)

            A father appeals from the district court’s order modifying the physical care provisions of the custody decree concerning his minor child.  OPINION HOLDS: We affirm the physical care modification.  We award Becky $5000 in appellate attorney fees.  Costs on appeal are assessed equally between the parties.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes and Joel W. Barrows, Judges.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Potterfield, JJ.  Opinion by Vogel, C.J. (3 pages)

            Dejonte Davis appeals his convictions and sentence for intimidation with a dangerous weapon and possession of a firearm by a prohibited person.  He asserts his trial counsel was ineffective for failing to object to evidence he participated in gang activity and the court abused its discretion by sentencing him without considering all mitigating factors related to his juvenile status.  OPINION HOLDS: We preserve his ineffective-assistance claim so a complete record may be developed, and we find the court did not abuse its discretion in sentencing because it properly considered all relevant factors.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (3 pages)

            Carla Siegert appeals from the decree for custody, care, visitation, and support of the child she had with Roger Schumacher.  OPINION HOLDS: The parties have shared the care of their child since 2010 despite their contentious personal interactions when their relationship ceased.  We agree with the trial court that shared care is in the child’s best interest. 

            Appeal from the Iowa District Court for Warren County, Martha L. Mertz, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (8 pages)

            Plaintiffs appeal from the district court’s dismissal of their lawsuit for failing to serve the defendants within the ninety-day window required by Iowa Rule of Civil Procedure 1.302(5).  OPINION HOLDS: Defendants’ motion to dismiss was not untimely.  Plaintiffs made no showing of good cause for not serving within the Iowa Rule of Civil Procedure 1.302(5) ninety-day limit.  Consequently, the district court did not err in dismissing plaintiffs’ lawsuit.   

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (7 pages)

            Brendan Girschek appeals the amount of the equalization payment the district court determined was due to Janice Marin in the dissolution of the parties’ marriage.  OPINION HOLDS: Upon our review, we cannot say the district court failed to do equity in determining the amount Janice was due in equalizing the distribution of the parties’ marital property.  Accordingly, we affirm the decree and subsequent ruling in all respects.  We award appellate attorney fees to Janice.  Any costs on appeal are assessed to Brendan.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ., but decided by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (10 pages)

            A guardian appeals the district court’s dismissal of his petition to terminate a mother’s parental rights under Iowa Code chapter 600A (2018), upon its conclusion termination would not be in the child’s best interests.  OPINION HOLDS: We agree with the district court that the guardian did not carry his evidentiary burden to show termination is in the child’s best interests.  Consequently, we affirm the court’s ruling dismissing the termination petition.