May 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman and William Patrick Wegman, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (5 pages)

            Willie Guyton Jr. appeals the denial of his motion to withdraw pleas of guilt.  OPINION HOLDS: We affirm the denial of Guyton’s motion.

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (3 pages)

            Melissa West appeals the revocation of her deferred judgment and imposition of a jail sentence following multiple probation violations.  OPINION HOLDS: The district court did not abuse its discretion in revoking West’s deferred judgment and imposing a jail sentence.

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A defendant appeals from plea proceedings in which he was convicted of sexual abuse in the third degree.  He alleges he received ineffective assistance of counsel.  OPINION HOLDS: Of the three claims of ineffective assistance of counsel raised on appeal, two should be preserved for possible future postconviction-relief proceedings, where the record can be further developed.  However, we reject on direct appeal the defendant’s claim that his counsel was ineffective for failing to object to a lack of a factual basis to support the plea, as such an objection would have been meritless given the content of the minutes of testimony and the defendant’s admissions during the plea colloquy.  The conviction is affirmed.

            Appeal from the Iowa District Court for Grundy County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J. (3 pages)

            Shawn Eastman-Adams challenges the district court’s decision to send her to prison after she was convicted of theft in the second degree as a habitual offender.  OPINION HOLDS: We find no abuse of the district court’s discretion in imposing a prison sentence rather than a suspended sentence.

            Appeal from the Iowa District Court for Story County, James B. Malloy and Steven P. Van Marel, District Associate Judges.  AFFIRMED.  Considered Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (4 pages)

            Monique Robinson appeals the judgment and sentence entered for trespass causing injury and disorderly conduct after her probation was revoked.  OPINION HOLDS: Robinson’s request of an extension of the term of her probation waived any challenge to the court’s authority to do so, and her counsel was not ineffective in failing to challenge the validity of the extension at the probation revocation hearing.  Because the proper forum for challenging the validity of the extension was by certiorari or postconviction proceedings, we do not address the issue on appeal from the probation revocation. 

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Tabor, J., takes no part.  Opinion by Mullins, J.  (4 pages)

            Gregory Hintze appeals the sentence imposed upon his conviction of extortion, contending the sentencing court considered inappropriate information in imposing sentence.  OPINION HOLDS: Absent an affirmative showing the sentencing court relied on inappropriate evidence, we find no abuse of discretion and affirm. 

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (3 pages)

            KAS Investment Co., Inc., doing business as Swanson Glass, Inc., and its insurance carrier appeal the district court decision affirming the workers’ compensation commissioner’s award of benefits to Joseph Buehlmann.  OPINION HOLDS: We have carefully considered the decision of the commissioner and the district court’s ruling on judicial review of that decision.  We determine we would reach the same result as the district court in this case.  We affirm by memorandum opinion pursuant to Iowa Court Rule 21.26(1)(a), (c), (d), and (e).

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

            Jennifer McInnis appeals the district court’s order to sanction her for defaulting on her obligation to comply with earlier court orders during the divorce proceedings with Brandon McInnis. She also appeals the district court’s denial of her motions to continue and the resulting denial of spousal support.  OPINION HOLDS: Finding no abuse of discretion, we affirm the district court’s refusal to continue the trial and its sanctions for Jennifer’s defaults.  Also, because Jennifer has experience running her own business, has many marketable skills, is under fifty years old, has no serious health issues, has no minor children to support, and received substantial marital assets, we affirm the decree.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J. (7 pages)

            In this interlocutory appeal, the State challenges a district court order suppressing evidence of a traffic stop.  OPINION HOLDS: We conclude no due process violation occurred.  We agree with the district court the traffic stop was valid.  We reverse the suppression of evidence and remand for further proceedings.

            Appeal from the Iowa District Court for Greene County, Gina C. Badding, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            Kelsey Hostetler appeals the order modifying the shared-care arrangement regarding the parties’ minor child and argues the court erred by granting physical care to the child’s father, Troy Thorpe.  Kelsey argues Troy proved no changed circumstances impacting their 2017 agreed shared-care arrangement.  In the alternative, she urges if physical care is changed she should be the physical care provider.  Finally Troy requests that Kelsey pay the costs of this appeal, including his expense for the transcript.  OPINION HOLDS: In our de novo review we find that a substantial change in circumstances justified modifying the custodial arrangement.  We affirm the district court decision to award Troy physical care.  We deny the request for payment of costs to Troy.

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Daniel Tallman appeals provisions of the court order focused on custody and child support for his and Valarie Levy’s child.  OPINION HOLDS: We conclude that a joint physical care arrangement is in the child’s best interests and reverse the court’s award of physical care to Valarie.  We remand for further proceedings consistent with this opinion.  On remand the district court shall recalculate the appropriate child support obligation.  We decline to award either party appellate attorney fees. 

            Appeal from the Iowa District Court for Story County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (3 pages)

            Dylan Padgett appeals the decree ordering custody of his child with Amy Presley.  OPINION HOLDS: We have reviewed the entire record de novo and find no reason to disturb the custody decree.