2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (15 pages)

            In an action by Standard Water Control Systems, Inc. to enforce a judgment arising from a mechanic’s lien, Michael and Cori Jones appeal the district court’s decision finding they waived their homestead rights.  OPINION HOLDS:  We affirm the district court’s finding Iowa Code section 561.21(3) (2013) does not allow a homestead to be sold to recover attorney fees entered as part of a judgment against a home in an action to foreclose a mechanic’s lien.  We reverse the decision of the district court on the issue of whether the Joneses waived their homestead rights and remand for further proceedings.

            Appeal from the Iowa District Court for Polk County, Dustria A. Relph, Judge.  AFFIRMED.  Heard by Tabor, P.J., Bower, J., and Mahan, S.J.  Opinion by Bower, J.  (12 pages)

            Linda Dorr appeals the decree dissolving her marriage with Fred Dorr, challenging the spousal support award, the division of property, and the district court’s failure to award attorney fees.  OPINION HOLDS: We affirm the district court’s decree.

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (2 pages)

            Daniel Shaw appeals his judgment and sentence for carrying weapons, claiming his trial attorney was ineffective.  OPINION HOLDS: We affirm Shaw’s judgment and sentence without prejudice to his right to raise his ineffective-assistance-of-counsel claim in a postconviction-relief application.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

            David Pinney appeals his convictions for two counts of possession of a controlled substance and one count of unlawful possession of a prescription drug.  OPINION HOLDS:  The search of Pinney’s person was a lawful search incident to his arrest for an unrelated offense.  His conviction for unlawful possession of a prescription drug does not merge into one of his convictions for possession of a controlled substance.

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            Russell Gentry Jr. appeals his convictions for possession of a controlled substance with intent to deliver, failure to affix a drug tax stamp, and driving while barred.  OPINION HOLDS:  We conclude an officer’s observations, both by visual estimation and pacing, support a rational inference Gentry was exceeding the speed limit and this gave the officer probable cause to stop the vehicle.  We affirm the district court’s decision denying Gentry’s motion to suppress.

            Appeal from the Iowa District Court for Bremer County, Peter B. Newell, District Associate Judge.  CONVICTION VACATED AND REMANDED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

            Robert Hampton appeals his conviction and sentence for possession of methamphetamine.  He challenges the constitutionality of various portions of his traffic stop.  OPINION HOLDS: The traffic stop violated Hampton’s constitutional rights.  Hampton consented to a weapons search, but the search went beyond the scope of a weapons search when the deputy manipulated the contents of Hampton’s pocket and removed an item.  The district court erred in denying a motion to suppress.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (5 pages)

            Ambus Davis appeals the dismissal of his second application for postconviction relief as time barred.  OPINION HOLDS: The district court did not err in summarily dismissing Davis’s second application for postconviction relief.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Heard by Tabor, P.J., Bower, J., and Carr, S.J.  Opinion by Bower, J.  (13 pages)

            Russell Carter appeals the district court decision on his petition for declaratory judgment finding Iowa Code section 483A.24 (2016) is not unconstitutional.  OPINION HOLDS:  We find Carter, as a nonresident landowner, does not have an inalienable right to hunt antlered deer on his property and the statute does not violate his equal protection rights.  We affirm the district court.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Doyle, P.J.  (11 pages)

            Naima Cerwick appeals the denial of her petition for judicial review.  OPINION HOLDS: Substantial evidence supports the finding that Cerwick provided an inconsistent history of the fall and resulting injury.  Although a trier of fact might conclude the evolution of Cerwick’s explanation of her fall and injuries was a result of communication difficulties, our task on appeal is not to determine whether the evidence supports a different finding; our task is to determine whether substantial evidence supports the finding actually made.  The arbitration decision sets forth a detailed recitation of the evidence and the weight the deputy afforded it.  Cerwick’s claim that the deputy ignored evidence is unsupported; rather, the weight the deputy afforded the evidence and the conclusions the deputy drew conflicts with Cerwick’s view of the evidence.  Because substantial evidence supports the agency decision, we affirm the district court’s denial of Cerwick’s petition for judicial review.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (22 pages)

            Lime Lounge, LLC, and Thunder & Lightning, Inc. appeal the dismissal of their petition for certiorari issued by the district court in Lime Lounge’s challenge to the revocation of the conditional use permit (CUP) issued by the Zoning Board of Adjustment of the City of Des Moines (Board).  Lime Lounge raises numerous contentions that the Board’s revocation of its CUP was procedurally flawed and illegal and that the district court’s review was in error.  OPINION HOLDS: We have considered each of Lime Lounge’s contentions and find them either without merit or not properly raised.  We affirm.

            Appeal from the Iowa District Court for Crawford County, Jeffrey A. Neary, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A mother appeals from a modification order granting physical care of her two children to their father.  The mother contends the court put too much weight on geography in her move a ninety-minute drive from where the children have grown up.  She also contends the court put too little emphasis on which parent would be the better caregiver.  The father cross-appeals, asserting the mother’s mid-week overnight visit is too taxing on the children.  OPINION HOLDS: The district court appropriately determined which setting is better for the parties who no longer live within a short distance of each other.  We see no reason to disturb the physical and visitation provisions of the modification rulings.  We affirm on both appeals. 

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (2 pages)

            Centrel Handy appeals his conviction for possession of a firearm by a felon, claiming his trial attorney was ineffective.  OPINION HOLDS: We affirm Handy’s judgment and sentence without prejudice to his right to raise his ineffective-assistance-of-counsel claim in a postconviction-relief application.