February 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Doyle, P.J., Tabor, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            Tony Lopez appeals the district court decision denying his request to withdraw his guilty plea to first-degree robbery.  OPINION HOLDS:  The evidence shows the defendant had full knowledge of the charge against him, as well as his rights and the consequences of a plea of guilty.  We conclude the district court did not abuse its discretion in finding Lopez made a knowing and voluntary plea.  We affirm the district court’s decision denying Lopez’s motion to withdraw his guilty plea.

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge.  AFFIRMED. Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J.  (6 pages)

            On appeal from a remand order, Brett Noble contends (1) “the district court improperly applied existing law when it vacated [his] voluntary manslaughter conviction and resentenced [him] on attempted murder in a ‘one homicide’ case, resulting in an illegal sentence” and (2) his “appellate and resentencing counsel were ineffective for not adequately contesting the court of appeals decision that incorrectly instructed vacating voluntary manslaughter instead of attempted murder at resentencing.”  OPINION HOLDS: We affirm Noble’s amended sentence.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            A defendant appeals convictions for operating while intoxicated (OWI), third offense, and felony eluding.  The defendant pleaded guilty to felony eluding and OWI, third offense.  On appeal, he alleges procedural defects in his plea proceedings and error in the denial of his motion in arrest of judgment.  OPINION HOLDS: We find his procedural arguments to be unpreserved and we find no abuse of discretion in the denial of his motion in arrest of judgment and affirm.

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown and Mark E. Kruse, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J. (6 pages)

            William Kirchner Jr. appeals after pleading guilty to possession of a firearm by a felon and possession of a controlled substance, third offense.  OPINION HOLDS: I. Because the court adequately advised Kirchner of his need to file a timely motion in arrest of judgment to challenge his pleas and he failed to do so, he cannot challenge the voluntariness of his pleas on direct appeal.  II. Counsel did not breach a duty in failing to move in arrest of judgment challenging the factual basis for Kirchner’s plea to possession of a controlled substance.  III. The court acted within its discretion in refusing to allow Kirchner to withdraw his plea because the record shows he entered his plea knowingly and voluntarily without fear or persuasion. 

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (3 pages)

            D.N. appeals from a finding of serious mental impairment.  OPINION HOLDS: Because we have no recording, transcript, or statement of the proceedings of the contested hearing, we are required to affirm the district court’s decision.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J. (4 pages)

            Montez McClain appeals the sentence imposed upon his conviction, following a guilty plea, of second-degree robbery on constitutional grounds.  OPINION HOLDS: We conclude the sentence imposed does not amount to cruel and unusual punishment or violate equal protection.  We affirm the sentence imposed.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED AS MODIFIED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (7 pages)

            The former wife appeals the alimony award of one dollar in the decree dissolving her marriage.  She contends the district court erred in giving her a placeholder award on the belief she can file a modification after the award of child support terminates due to the children reaching the age of majority.  OPINION HOLDS: In the future, the wife would be unable to show that the termination of child support qualified as a change in circumstances outside the contemplation of the court issuing the dissolution decree.  So we find it equitable to modify the decree now to order spousal support to commence at that time.  The decree is affirmed as modified. 

            Appeal from the Iowa District Court for Polk County, David May, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  May, J., takes no part.  Opinion by Doyle, P.J.  (9 pages)

            Defendant beneficiaries, individually and in their capacity as co-trustees of their parents’ trust, appeal the district court’s ruling denying their motion for summary judgment against their plaintiff brother, Shawn Shelton.  OPINION HOLDS: Because Shawn failed to commence his action within one year of his mother’s death, his claim is barred under Iowa Code section 633A.3108 (2017).  The district court erred in denying the Defendants’ motion for summary judgment on this issue.  So we reverse the district court’s summary judgment ruling and remand to the district court for entry of summary judgment for the Defendants.

            Appeal from the Iowa District Court for Wapello County, Lucy J. Gamon, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  Partial Dissent by Ahlers, J.  (15 pages)

            Consuela Brown appeals the district court order imposing a child support obligation on Steven Roquet.  Consuela argues the court should not have reduced his past child support obligation based on a personal injury settlement the child received, the court should have assessed a higher interest rate on the past payments, and the court should award her appellate attorney fees.  OPINION HOLDS: We agree that the district court should not have reduced the back child support award by half of the amount of the settlement.  We conclude the court should have imposed a ten percent interest rate, but this rate applies only if Steven is over thirty days behind on a child support payment.  Steven shall be responsible for Consuela’s’ appellate attorney fees.  We remand for entry of an order consistent with our opinion.  PARTIAL CONCURRENCE, PARTIAL DISSENT ASSERTS: Upon review of the circumstances of this case, without being bound to the model used by the district court, I find no error in the amount of back child support awarded by the district court.  Because I would affirm on that issue, I also dissent with regard to awarding the mother appellate attorney fees.  I concur in the decision reached on the issue of the interest rate to be used on the back child support award.

            Appeal from the Iowa District Court for Johnson County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            An inmate appeals from a ruling finding him seriously mentally impaired and imposing involuntary commitment.  He argues the State provided insufficient evidence to meet its burden.   OPINION HOLDS: Clear and convincing evidence supports the district court’s findings pursuant to Iowa Code chapter 229 (2019).

            Appeal from the Iowa District Court for Carroll County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            Charles Eberle appeals his sentences for operating while intoxicated and two counts of possession of a controlled substance, claiming the district court did not give sufficient reasons for his sentence.  OPINION HOLDS: We conclude the sentencing order was sufficient, and we affirm the decision of the district court.

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            Zebediah Goldston appeals a final domestic abuse protective order issued pursuant to Iowa Code chapter 236 (2019).  OPINION HOLDS: Because we find Valerie Goldston sufficiently established an incident of domestic abuse assault, we affirm.