April 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J. (8 pages)

Shawnette Courts appeals her conviction and sentence for operating while intoxicated, second offense, following a bench trial on the stipulated evidence.  Courts maintains the district court abused its discretion in finding there was not good cause to extend the deadline to allow her to file a motion to suppress more than seventy-five days after the deadline and argues the court’s order of restitution violates the procedure outlined in State v. Albright, 925 N.W.2d 144, 162 (Iowa 2019).  OPINION HOLDS: The district court did not abuse its discretion in refusing to find good cause for delay some seventy-five days after the deadline for a motion to suppress had passed.  However, we vacate the portion of the sentencing order involving restitution for court costs and correctional fees and remand to the district court for further proceedings consistent with Albright. 

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Tabor, J., takes no part.  Opinion by May, J. (5 pages)

            Jamison Fisher appeals his conviction of theft in the first degree.  He argues the evidence was insufficient to prove one of the State’s alternate theories.  OPINION HOLDS: We find the evidence was sufficient.  So we affirm Fisher’s conviction.

            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.  (8 pages)

            A jury found Tommy Dean Sanders, Jr. guilty of third-degree burglary and possession of contraband on or in the grounds of a correctional facility.  Sanders contends (1) the evidence was insufficient to support the findings of guilt and (2) the district court erred in denying his motion to dismiss the possession-of-contraband charge.  OPINION HOLDS: We affirm Sanders’ judgment and sentence for third-degree burglary and possession of contraband on or in the grounds of a correctional facility.

            Appeal from the Iowa District Court for Hamilton County, Paul B. Ahlers, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Ahlers, J., takes no part.  Opinion by Doyle, J.  (4 pages)

            Clint Braun appeals after pleading guilty to one count of forgery, claiming his counsel was ineffective by failing to object to the prosecutor’s alleged breach of the plea agreement.  OPINION HOLDS: Braun has failed to show his counsel breached an essential duty by failing to object.  The record does not show the prosecutor breached the plea agreement by implying a material reservation, as Braun alleges. 

            Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  Dissent by Greer, J.  (21 pages)

            GreatAmerica seeks to enforce a “hell or high water” clause against an entity, Natalya Rodionova Medical Care, P.C. (NRMC), which has submitted evidence the signature on the financing contract is a forgery and that it did not accept or ratify the contract.  OPINION HOLDS: Viewing the record in the light most favorable to NRMC, the district court erred in finding GreatAmerica proved ratification as a matter of law.  There are genuine issues of material fact concerning ratification that preclude summary judgment.  DISSENT ASSERTS: Based on the undisputed facts, I believe the district court correctly granted summary judgment against NRMP.  I would affirm the summary judgment ruling and enter judgment accordingly.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  REVERSED.  Heard by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The appellants appeal the judicial-review ruling of the district court.  They argue the Iowa Workers’ Compensation Commissioner properly denied Rachel Lovan’s application for alternate medical care and the court erred in reversing that decision.  OPINION HOLDS: We find the record on appeal is insufficient for us to review the agency decision, and we reverse the district court’s ruling.

            Appeal from the Iowa District Court for Black Hawk County, Alan T. Heavens and Kellyann M. Lekar, Judges.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            Christopher Roby appeals from his convictions and sentences for sexual abuse in the third degree, possession of marijuana with intent to deliver, and eluding.  Roby argues his counsel was ineffective by failing to challenge his arrest, bail, and guilty pleas.  OPINION HOLDS: We find all of Roby’s arguments without merit and affirm.

            Appeal from the Iowa District Court for Boone County, James A. McGlynn, Judge.  AFFIRMED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            J.P. appeals from the district court decision to impose a civil protective order between himself and T.D. under Iowa Code section 236A.3 (2019).  He contends the evidence at the hearing did not support her petition.  OPINION HOLDS: On our de novo review of the testimony and giving due consideration to the district court’s in-person assessment of the disputed testimony, we affirm the ruling. 

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (7 pages)

            Desiree Trent pled guilty to one count of forgery.  She was sentenced to a term of incarceration not to exceed five years and ordered to pay $1569.08 in victim restitution.  On appeal, Trent argues the district court considered an improper factor in deciding her sentence and erred in imposing the amount of victim restitution she owed.  OPINION HOLDS: The court did not abuse its discretion by considering improper factors in imposing Trent’s sentence.  However, the court ordered $1547.91 of victim restitution not causally linked to Trent’s established criminal act; so we vacate the order of victim restitution and remand for the district court to enter an order consistent with this opinion.

            Appeal from the Iowa District Court for Webster County, Adria Kester, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (16 pages)

            Troy Kleppe, a former public employee, appeals the grant of summary judgment to the Fort Dodge Police Department and the City of Fort Dodge (collectively, the “City”) on a wage claim under Iowa Code chapter 91A (2018).  Kleppe claims he is owed overtime pay for work as a police canine handler and trainer.  The district court found Kleppe failed to exhaust the administrative remedies under the public employees’ collective bargaining agreement (CBA).  OPINION HOLDS: On our review, we find no error in the district court’s determination there were no issues of material fact and the City was entitled to judgment as a matter of law.  Kleppe was obligated to exhaust the administrative procedures offered in the CBA and failed to do so.  We affirm.

            Appeal from the Iowa District Court for Dickinson County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (11 pages)

            Blake Rife appeals the district court’s order overruling his petition for modification of certain provisions of his modified decree of dissolution.  OPINION HOLDS: Upon our de novo review of the record, we agree with the district court that Blake failed to prove there was a material change in circumstances to warrant modification of the parties’ previously modified visitation schedule.  We also find the district court’s determination of Blake’s annual gross income was within the range of permissible evidence presented at trial, and we will therefore not disturb it.  We find no abuse in discretion by the district court’s award of trial attorney fees to Jennifer.  Finally, we find Blake should pay to Jennifer a $5000 award of appellate attorney’s fees.  We affirm on all issues.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            Debra True appeals the workers’ compensation commissioner’s interpretation of an administrative rule and finding she waived her claim to penalty benefits under the workers’ compensation act.  OPINION HOLDS: We find True waived some of her penalty-benefit claims by failing to follow procedures as explained in an administrative rule, and we affirm in part the commissioner’s ruling.  However, because some of the claims may have arisen after the initial hearing and ruling, we reverse and remand for the commissioner to consider her post-hearing penalty-benefit claim.