January 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Brian Freiberg appeals, and Amanda Freiberg cross-appeals, the district court’s denial of their respective requests to modify their dissolution decree.  OPINION HOLDS: We affirm on the issues raised in Amanda’s cross-appeal.  On Brian’s appeal, we affirm all aspects of the modification decree except we reverse the visitation portion of the decree and remand for substitution of Brian’s requested visitation provision and for reconsideration of child support in light of the change.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING..  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  Dissent by Ahlers, J.  (7 pages)

            Tasha Koppes appeals her sentence following her guilty plea to interference with official acts resulting in bodily injury, claiming the court relied on impermissible factors in sentencing her.  OPINION HOLDS: We conclude an unproven or unprosecuted substance-abuse related offense was considered in sentencing.  We vacate the sentence and remand for resentencing.  DISSENT ASSERTS: I believe the district court did not improperly consider any unprosecuted or unproven offenses in issuing Tasha Koppes’s sentence.  I believe her sentence was within the court’s discretion, and I would affirm.

            Appeal from the Iowa District Court for Scott County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (5 pages)

            K.H. appeals his adjudication as a delinquent for assault with intent to commit sexual abuse.  OPINION HOLDS: Because substantial credible evidence supports the elements of that offense, we affirm the delinquency adjudication. 

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Doyle, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J. (4 pages)

            Derek Thompson appeals the sentences imposed upon his convictions of possession of a controlled substance with intent to deliver and failure to affix a drug-tax stamp.  He argues the court improperly ordered him to pay court costs on a dismissed count and a drug abuse resistance education surcharge without first determining his reasonable ability to pay the same.  He also argues the imposition of law enforcement initiative surcharges violates his right to equal protection under the state and federal constitutions.  OPINION HOLDS: We vacate the sentencing order’s assessment of court costs and remand the matter to the district court for the receipt of a final restitution plan and subsequent assessment of Thompson’s reasonable ability to pay.  We affirm the remainder of the sentence imposed.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Jason Purtilo appeals following his guilty plea to public intoxication, third or subsequent offense, arguing the protocol for stipulations to prior convictions for sentencing enhancement purposes “should be extended to [his] case.”  OPINION HOLDS: We affirm Purtilo’s conviction, judgment, and sentence for public intoxication, third or subsequent offense.

            Appeal from the Iowa District Court for Woodbury County, Julie A. Schumacher, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR NEW TRIAL.  Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J.  Schumacher, J., takes no part.  Opinion by Gamble, S.J.  (12 pages)

            RSB Entertainment, LLC and Richard Moores appeal from the district court’s summary judgment ruling and dismissal of their claim for damages.  They challenge the district court’s summary judgment ruling determining certain equipment amounted to fixtures to real property.  They also claim disposition of secured collateral was not commercially reasonable.  OPINION HOLDS: The district court properly granted summary judgment determining the equipment amounted to fixtures.  The district court applied the incorrect legal test in determining commercial reasonableness and entitlement to a deficiency.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows and Mark D. Cleve, Judges.  AFFIRMED.  Heard by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J.  Opinion by Vaitheswaran, P.J.  (7 pages)

            A judgment creditor appeals from a district court ruling that it was entitled to the judgment debtor’s funds subject to a bank’s security interest.  OPINION HOLDS: The district court did not err in denying the judgment creditor’s motion for order of judgment and granting the bank’s motion for application of the funds to the judgment debtor’s indebtedness.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (3 pages)

            Larry Smith appeals the summary disposition of his application for postconviction relief and statute-of-limitations grounds.  OPINION HOLDS: We affirm the summary disposition of Smith’s application. 

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (8 pages)

            Cornell Hoosman appeals from the district court’s denial of his motion to set aside a default judgment.  OPINION HOLDS: The district court did not abuse its discretion by refusing to set aside the default judgment. 

            Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (8 pages)

            Angela Toop appeals the shared physical care provision of the decree dissolving her marriage with Brian Scott Toop.  OPINION HOLDS: We agree with the trial court shared physical care is in the best interest of the children and we therefore affirm.

            Appeal from the Iowa District Court for Crawford County, Tod J. Deck, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Nicholas Weier appeals the modification order placing physical care of their two sons with his ex-wife Trisha Iversen.  Nicholas contends he would be the superior caregiver and that granting him physical care would “minimize the change in the children’s lives.”  In the alternative, Nicholas asks for additional visitation time.  OPINION HOLDS: After our independent review of the record and issues raised, we concur in the opinion of the district court that granting Trisha physical care is in the children’s best interests.  We also decline to alter the visitation schedule.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J. (6 pages)

            We must decide if the district court properly granted a motion to suppress evidence.  The State argues the automobile exception applies to the warrantless search of the vehicle Jesus Delgado-Jimenez drove.  OPINION HOLDS: The State established the necessary probable cause and exigent circumstances to justify the automobile exception.  As a result, we reverse the district court and remand for further proceedings.