March 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J. (5 pages)

            Michael Ferguson appeals the district court’s denial of his motion in arrest of judgment.  On appeal, he argues his plea should be withdrawn because (1) the plea was not voluntary and knowing and (2) he is actually innocent.  OPINION HOLDS: We find Ferguson’s plea was voluntary and knowing.  And we find Ferguson has not met his burden of proof on his actual-innocence claim.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Popp Reyes, Judge. AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            The plaintiffs appeal from the denial of their motions for judgment notwithstanding the verdict and new trial regarding their negligence claim.  OPINION HOLDS: Finding no abuse of discretion or errors of law, we affirm.   

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            J.F. appeals a juvenile court order adjudicating him delinquent based on findings he committed the delinquent act that would constitute one count of sexual abuse in the third degree if he was an adult.  J.F. challenges the sufficiency of the evidence to support the adjudication, arguing the juvenile court misstated the facts, the State failed to prove beyond a reasonable doubt that a sex act occurred, and his accuser, S.F., was not credible.  OPINION HOLDS: We conclude there was sufficient evidence to adjudicate J.F. delinquent of committing acts that would constitute sexual abuse in the third degree.  The evidence establishes that S.F. was twelve years old at the time and the acts she claimed J.F. committed against her were sex acts.  The juvenile court found her testimony credible and supported by other witness testimony.  We give weight to the juvenile court’s credibility determination and affirm.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J. (6 pages)

            Monica Fagan asks to be resentenced based on new legislation.  The Iowa legislature crafted an ameliorative mandatory minimum sentencing provision for persons serving a sentence for robbery in the first degree for a conviction that occurs on or after, July 1, 2018.  Fagan’s conviction occurred after that date.  OPINION HOLDS: Based on the plain language of the enactment, we agree the district court should have another opportunity to consider Fagan’s mandatory minimum sentence.  We vacate that portion of the sentencing order and remand for the court to determine when Fagan will be eligible for parole or work release consistent with the new sentencing provisions. 

            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 Ahlers, J.  (7 pages)

            Iowa Student Loan Liquidity Corp. (ISL) filed suit to recover all amounts owed on the unpaid promissory notes signed by Heaton.  The district court granted ISL summary judgment, and Heaton appeals.  OPINION HOLDS: Finding no genuine issue of material fact on any of the claims Heaton preserved for our review, we affirm.

            Appeal from the Iowa District Court for Audubon County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J. (3 pages)

            Ian Leib appeals his conviction for possession of methamphetamine with intent to deliver.  OPINION HOLDS: The record is insufficient to determine whether Leib’s trial counsel was ineffective by failing to move to suppress evidence discovered during a search of his person.  We preserve the claim for a postconviction-relief proceeding.  But substantial evidence supports the conclusion that Leib possessed the methamphetamine with intent to deliver, and we affirm his conviction. 

            Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (5 pages)

            Ammari Johnson appeals his sentence for conspiracy to commit a forcible felony.  OPINION HOLDS: The sentencing court did not abuse its sentencing discretion.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Mullins, J.  (6 pages)

            Mark Ditsworth appeals a district court order affirming the Iowa Workers’ Compensation Commission’s award of benefits.  Distworth argues the commissioner inappropriately considered a settlement reached on a prior injury in reducing his benefits award.  OPINION HOLDS: We agree with the district court that the commissioner’s calculation gave effect to the statute.  Because the calculation used by the commissioner to determine the award of benefits was based on the applicable statutes, we affirm.

            Appeal from the Iowa District Court for Allamakee County, John J. Bauercamper, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Mullins, J.  (12 pages)

            Jared Crank appeals, and Jessica Winters cross-appeals, the modification of a custody decree concerning the parties’ minor child, R.C., born in 2013.  Jared argues the court erred in increasing Jessica’s visitation because Jessica only requested modification of physical care.  Jessica contends the court erred in denying her request for modification of physical care.  OPINION HOLDS: We affirm the district court’s modification of the custody decree.

            Appeal from the Iowa District Court for Sioux County, Jeffrey L. Poulson, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Doyle, J., and Gamble, S.J.  Opinion by Gamble, S.J. (11 pages)

            Matthew Spaans appeals from his sentence for four counts of child endangerment.  OPINION HOLDS: The State did not violate the plea agreement when making a sentencing recommendation.  The sentencing court did not rely improper sentencing factors.  We remand the to the district court for receipt of a final restitution order providing the amount of court costs due and a determination of Spaans’s reasonable ability to pay.

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

            Joshua VanSant appeals his sentence for eluding.  OPINION HOLDS: The sentencing court did not abuse its discretion by declining to adopt the presentence investigation report’s sentencing recommendation.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            L.M. appeals from a district court order imposing a civil mental health commitment.  OPINION HOLDS: Because the district court’s finding that L.M. is seriously mentally impaired was not supported by substantial evidence, we reverse the decision below and remand for termination of L.M.’s civil commitment under Iowa Code chapter 229 (2019).