November 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Audubon County, Kathleen A. Kilnoski, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (23 pages)

            The appellants appeal the district court’s order modifying family farm leases in various ways.  The appellants argue the district court did not have the authority to modify the leases.  OPINION HOLDS: Applying contract law, we find the leases should not have been modified.  So we reverse the district court’s order, insofar as it: (1) modifies the rent rates for the family leases, (2) modifies the duration of the family leases, (3) prohibits for-profit subleasing, (4) removes farmland from Dallas Wheatley’s lease, and (5) adds the same farmland in its entirety to Michael Jorgensen’s lease.  And we affirm in all other regards.

            Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.  CONVICTION AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND CASE REMANDED FOR RESENTENCING.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (10 pages)

            A jury found William Roland guilty of sexual exploitation of a minor in violation of Iowa Code section 728.12(3) (2017).  He appeals claiming his counsel gave ineffective assistance.  He also challenges the restitution portion of his sentence.  OPINION HOLDS: We find Roland did not prove his ineffective-assistance-of-counsel claims.  We find the district court should have determined Roland’s ability to pay, so we vacate the restitution portion of his sentence and remand for a reasonable-ability-to-pay determination.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Calvin Nelson appeals the district court’s denial of his application for postconviction relief, asserting his jury-composition claim was not barred.  OPINION HOLDS: We agree with the district court that his claim was barred by res judicata, and because State v. Plain, 898 N.W.2d 801, 821 (Iowa 2017), does not apply retroactively, Nelson’s claims must fail.

              Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  SENTENCES VACATED AND REMANDED.  Considered by Vaitheswaran, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  May, J., takes no part.  (6 pages)

            Archie Jones appeals the district court decision denying his request for postconviction relief.  OPINION HOLDS: After granting a petition for rehearing, we determine Jones’s two sentences for possession of marijuana, third offense, as a habitual offender, should be vacated.  The case is remanded to the district court to give the State the opportunity to present a factual basis for Jones’s guilty pleas.  Further, if the State is unable to establish the factual basis for one or both of the felony-possession-of-a-controlled-substance-third-offense charges, all sentences imposed on the date of the original sentencing hearing shall be vacated by the district court, and Jones shall be sentenced anew.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Gatbel Chany appeals the district court’s dismissal of his second application for postconviction relief.  OPINION HOLDS: Because his expert-testimony claim was not raised or ruled on in the district court, it is not preserved for appeal. 

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            Darlin Veliz Acosta appeals his convictions of sexual abuse in the second degree and lascivious acts with a child, raising claims with regard to the admission of electronic messages and defense counsel’s failure to object to statements by the prosecutor during closing argument.  OPINION HOLDS: We affirm Acosta’s convictions of sexual abuse in the second degree and lascivious acts with a child.

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (16 pages)

            Arnold Bingaman appeals certain provisions of the decree dissolving his marriage to Heather Bingaman.  Arnold argues the incomes of both parties were miscalculated for support purposes, the district court miscalculated the value of allegedly dissipated assets, and he should not have been required to pay past-due taxes.  Heather requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s spousal- and child- support awards, finding the district court correctly calculated the parties’ incomes.  We also affirm the district court’s calculation of assets Arnold dissipated and the default and remedy regarding the Union County farm tax payments.  We award Heather $15,000.00 in appellate attorney fees.

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Craig Williams appeals the district court’s ruling that denied his claims of breach of an employment contract and failure to pay wages under Iowa Code chapter 91A (2017).  OPINION HOLDS: We affirm the district court’s decision finding the employer did not breach the parties’ employment agreement and that Williams is not owed any unpaid wages.  We remand for a calculation of the reasonable trial and appellate attorney fees incurred by the employer.

            Appeal from the Iowa District Court for Johnson County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (10 pages)

            Loralee Fisher appeals the district court’s entry of summary judgment for Principal Life Insurance Company.  OPINION HOLDS: The district court did not err in granting summary judgment on Fisher’s claims of breach of contract, reasonable expectations, wavier, and bad faith.  

            Appeal from the Iowa District Court for Osceola County, Don E. Courtney, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (8 pages)

            Equity Advisors, Inc. (Equity) appeals a summary judgment ruling in favor of Zylstra Harley-Davidson of Illinois, Inc.; Zylstra, LLC; and Zylstra Cycle Company, Inc. (collectively “Zylstra”).  OPINION HOLDS: Equity’s alleged contract with Zylstra did not involve the sale of an interest in a business.  As a result, the Illinois Business Brokers Act did not require the contract to be written and signed.

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            Javon Jennings appeals his conviction for child endangerment causing death.  OPINION HOLDS: Jennings’s claims of prosecutorial misconduct are not preserved for our review, we reject his claims of ineffective assistance of counsel, and we find sufficient evidence to support the verdict.  Therefore, we affirm Jennings’s conviction.

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages).

            Earl Baugh III appeals his conviction for burglary in the first degree, arguing because the jury returned a general verdict, his conviction should be overturned if there is insufficient evidence to support any one of the three methods of committing first-degree burglary submitted to the jury.  OPINION HOLDS: Although we find there is insufficient evidence to show Baugh engaged in a sex act with the victim, as the term “sex act” is statutorily defined, because the jury also found Baugh guilty of going armed with intent and assault causing bodily injury, we are able from the context of the entire case to determine the jury did not rely on a faulty alternative.