2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cerro Gordo County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (16 pages)

            Nathan Rockwell appeals a decree dissolving his marriage to Heather Rockwell.  He argues the district court erred in: (1) including part of a business in the marital estate, (2) declining to include alleged liabilities in the marital estate, (3) deciding the physical care issue before hearing all of the evidence, (4) misjudging the credibility of the parties and failing to consider Heather’s alienating conduct in reaching its physical care determination, (5) crafting the visitation schedule, and (6) declining to reopen the record after trial.  Heather requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the decree dissolving the parties’ marriage in its entirety.  We decline to award appellate attorney fees.  Costs on appeal are assessed to Nathan. 

            Appeal from the Iowa District Court for Guthrie County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (4 pages)

            Jonah Chinn appeals his conviction, following a guilty plea, of operating while intoxicated, third offense.  He argues his counsel was ineffective in relation to his guilty plea.  OPINION HOLDS: We find the record inadequate to consider Chinn’s claim on direct appeal.  Consequently, we affirm Chinn’s conviction, but preserve his claim of ineffective assistance of counsel for possible postconviction-relief proceedings.

Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Brett Edwards appeals the district court’s denial of his challenge to the validity of an out-of-state judgment.  OPINION HOLDS: The district court erred in concluding the issue of personal jurisdiction must be determined by the Texas court.  Because Troy Hack failed to establish Brett Edwards was served with notice of the Texas lawsuit or had any contacts with the state of Texas, we reverse and remand for entry of an order vacating the foreign judgment against Brett Edwards. 

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge, and Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Angelia Schultz appeals following her guilty plea to operating a motor vehicle while intoxicated (third offense), contending her attorney was ineffective in allowing her to plead guilty.  OPINION HOLDS: On our de novo review, we conclude counsel did not breach an essential duty in failing to demand a plea conditioned on the court’s concurrence.  We affirm.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Carr, S.J.  Opinion by Doyle, J.  (4 pages)

            The plaintiffs appeal from the district court order granting summary judgment in favor of the defendant on their legal-malpractice claims.  OPINION HOLDS: The record shows the plaintiffs suffered an actual and nonspeculative injury more than five years before they filed their legal-malpractice action.  Because the action was untimely, the district court properly granted summary judgment in favor of the defendant. 

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Michael Davis appeals the dismissal of his fourth postconviction-relief application.  OPINION HOLDS: Because Davis’ claims were not properly raised, we affirm the district court’s dismissal of Davis’ fourth postconviction-relief application.  

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Doyle, J.  (5 pages)

            Greg Redden appeals after pleading guilty to operating while intoxicated, assault on a peace officer, and second-degree criminal mischief.  OPINION HOLDS: I. Because Redden’s statements at the plea hearing provide a sufficient factual basis to support his criminal-mischief plea, he has failed to show his counsel was ineffective in allowing him to plead guilty.  II. The sentencing court did not violate Redden’s rights of personal presence and allocution at sentencing on his convictions for OWI and assault on a peace officer where his written guilty pleas plainly and unambiguously waived those rights.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED. Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (3 pages)

            Dustin Robbins appeals the district court’s denial of his application for postconviction relief.  OPINION HOLDS: Robbins’s trial attorney did not provide ineffective assistance of counsel.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

            A mother and father each appeal the termination of their respective parental rights in their child.  OPINION HOLDS: Clear and convincing evidence supported termination of both parents’ parental rights.  Termination is in the child’s best interest, and the mother’s bond with the child is not so strong as to preclude termination of her parental rights.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, P.J.  (7 pages)

            The mother and father separately appeal the termination of their parental rights to their minor children, L.V.1, M.V., and L.V.2.  Both argue termination is not in the best interests of the children and the State failed to provide adequate services to both parents.  OPINION HOLDS: We find neither argument precludes termination and affirm.

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (5 pages)

            A father and mother each appeal a juvenile court order terminating their parental rights.  OPINION HOLDS:  We find there is sufficient evidence in the record to support termination and termination is in the children’s best interests.  We affirm the juvenile court’s decision.

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

            A mother appeals the termination of her parental rights in her child.  OPINION HOLDS: The trial court correctly found by clear and convincing evidence that the child could not be returned to the mother at the time of the termination hearing.  The trial court was correct in denying the mother an additional six months for reunification.  Termination of the mother’s parental rights was in the best interest of the child.