April 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J. (10 pages)

            Francisco Cardona appeals his convictions for second-degree sexual abuse, alleging the witness testimony, because of inconsistencies and contradictions, was insufficient to support the verdict.  He also alleges ineffective assistance of counsel.  OPINION HOLDS: The witness testimony was sufficient to convince a rational factfinder of Cardona’s guilt.  The inconsistencies and contradictions highlighted by the defense do not lead us to apply the rarely-invoked doctrine used in State v. Smith, 508 N.W.2d 101 (Iowa Ct. App. 1993).  The witness testimony provided overwhelming evidence of Cardona’s guilt.  A motion for a new trial or in arrest of judgment based on the weight-of-the-evidence standard would thus have been meritless.  Consequently, trial counsel had no duty to make such a motion.  Additionally, there is no reasonable probability of a different result had counsel made such a motion, and Cardona is therefore unable to prove prejudice.  Accordingly, we reject his ineffective-assistance-of-counsel claim.

            Appeal from the Iowa District Court for Cass County, Margaret Popp Reyes, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (13 pages)

            Greg Karwal appeals the district court ruling on his petition to establish paternity, custody, support, and visitation.  Greg argues the court erred by granting Jodi Brookshire-Bailey physical care of their minor child, declining to split uncovered medical expenses equally between the parties, and determining the child’s surname.  Jodi requests attorney fees.  OPINION HOLDS: We modify the district court order on the uncovered medical expenses and the child’s surname and affirm the modified district court order.  We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (6 pages)

            Preston Garmoe appeals the physical care and spousal support provisions of his dissolution decree.  He also appeals the district court’s determination that he should pay a portion of Amy Garmoe’s attorney fees.  OPINION HOLDS: The physical care and spousal support provisions of the decree are equitable, so we affirm.  The district court did not abuse its discretion in ordering Preston to pay a portion of Amy’s attorney fees.  We decline to award Amy appellate attorney fees.

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi-Wittig, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  Special Concurrence by Greer, J.  (14 pages)

            Rockette Trucking and Construction, Ltd. (Rockette Construction) sought damages for replacing its ruined engine and for loss of use of its truck while awaiting the replacement engine.  Following a bench trial, the district court found Runde Auto Group of Iowa, Inc. (Runde Auto) liable and awarded damages.  Runde Auto appeals, raising issues regarding claimed discovery abuses by Rockette Construction and insufficient evidence of loss-of-use damages.  OPINION HOLDS: The district court did not abuse its discretion in refusing to exclude witnesses or evidence as a result of the claimed discovery abuses.  The evidence of “mobilization charges” is not sufficient evidence of Rockette Construction’s loss-of-use damages.  Therefore, we find insufficient evidence to support the district court’s award of loss-of-use damages.  We affirm the liability of Runde Auto.  Because the evidence of cost-of-repair damages was uncontroverted, we remand for entry of judgment for cost-of-repair damages only.  SPECIAL CONCURRENCE ASSERTS: I concur in this decision with a caveat.  I concur in the decision because even if the non-disclosed expert opinions were excluded from this record, other testimony supported the trial court’s liability finding.  Otherwise I would have concluded an abuse of discretion occurred for failing to limit the expert testimony without good cause established for the untimely disclosure.

            Appeal from the Iowa District Court for Black Hawk County, Patrice J. Eichman, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (3 pages)

            Tashieyana ONeal appeals the sentences imposed for her convictions of driving while barred, an aggravated misdemeanor, and eluding, a serious misdemeanor.  After pleading guilty to the charges, ONeal now asserts the trial court abused its discretion by sentencing her to six days in jail.  OPINION HOLDS: The district court sentenced ONeal pursuant to the plea agreement reached by ONeal and the State.  We affirm.

            Appeal from the Iowa District Court for Mahaska County, Dan Wilson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            The mother appeals the modification of the parties’ custody decree.  The modification order changed the custodial arrangement from joint physical care to placing physical care of the parties’ minor child with the father.  On appeal, the mother argues placing physical care with the father is not in the child’s best interest.  Alternatively, she argues she should receive more visitation time.  Both parents request appellate attorney fees.  OPINION HOLDS: It is in the child’s best interest to modify the decree to place physical care with the father.  No modification of the visitation schedule is warranted.  No appellate attorney fees are awarded to either party.  Court costs are assessed to the mother.

            Appeal from the Iowa District Court for Johnson County, Paul Miller, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            This case involves a dispute between adjacent property owners Rick Rhebb and Janet Clark related to the boundary between their respective properties in Iowa City.  Rhebb appeals the trial court’s findings of a boundary by acquiescence or, in the alternative, adverse possession.  Clark cross-appeals the denial of an award of damages for trespass.  OPINION HOLDS: Because substantial evidence supports the trial court’s findings and conclusion of a boundary by acquiescence, we affirm on Rhebb’s appeal.  The evidence Clark presented is wholly insufficient to meet her burden to prove the damages she claims.  We therefore affirm on the cross-appeal.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The district court issued a protective order against Musallam Yassen Faraj after finding Musallam committed a domestic abuse assault against his wife, Sahar Faraj.  On appeal, Musallam claims there was insufficient evidence he committed an assault and the district court erred by restricting his visitation and contact with the couple’s children.  OPINION HOLDS: Upon our de novo review, we find Musallam committed domestic abuse assault and affirm the district court.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Tavion Robinson appeals his sentences for second-degree burglary, third-degree burglary, and unauthorized use of a credit card, arguing that (1) the record contains insufficient evidence to corroborate accomplice testimony on the burglary charges and (2) the district court abused its discretion and considered an impermissible factor in sentencing him.  OPINION HOLDS: Because the record contains sufficient evidence to corroborate the accomplice’s testimony, and because the district court provided a sentence with enough original content founded upon valid considerations, we affirm.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to two children, contending, “[T]he Juvenile Court erred in finding that legally sufficient notice to the parents should be dispensed with in this case without requiring publication, and in subsequently terminating parental rights.”  OPINION HOLDS: We conclude that because the mother’s whereabouts were unknown and could not “be ascertained by reasonably diligent search,” the juvenile court appropriately dispensed with notice of the termination petition.  As the claimed insufficiency of the State’s search efforts is the only issue the mother raises on appeal and we are unpersuaded by that argument, we affirm the termination ruling. 

            Appeal from the Iowa District Court for Palo Alto County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  Special Concurrence by Vaitheswaran, P.J.  (10 pages)

            Carl Hoffmeyer appeals the district court’s denial of his application seeking a credit for child support.  OPINION HOLDS: Upon our review, we agree with the State that Carl’s due process argument was not preserved for our review because it was not raised or ruled on by the district court.  We also agree with the State and district court that the court was without authority to modify retroactively the amount of support due.  So we affirm the district court’s ruling denying Carl’s application.  SPECIAL CONCURRENCE ASSERTS: Equity might dictate relief under these circumstances.  But, as inequitable as the facts appear, I agree with the district court and the majority that Carl failed to seek timely relief.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (5 pages)

            Darnell Demery appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the summary disposition of Demery’s application for postconviction relief.