July 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            An applicant for postconviction relief asks us to reverse a district court decision that found his application barred by a three-year limitation period.  OPINION HOLDS: The defendant’s application was filed more than eleven years following the expiration of the limitation period set forth in Iowa Code section 822.3 (2016).  We decline to apply a language-proficiency-based exception to our long line of cases refusing to apply equitable tolling to section 822.3.  We therefore affirm the defendant’s convictions and sentences.

            Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (13 pages)

            Dallas Forkner appeals a forfeiture order for cash seized from his home.  He argues the district court erred in denying his motion to suppress and in ordering forfeiture for various reasons.  OPINION HOLDS: We find the motion to suppress was appropriately denied.  And we conclude the evidence supports the district court’s order forfeiting the cash.   

            Appeal from the Iowa District Court for Poweshiek County, Lucy J. Gamon, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (18 pages)

            Kyle Sadler appeals his convictions of murder in the second degree, assault with a dangerous weapon, and failure to stop at the scene of an accident.  Sadler argues the sufficiency of the evidence as to the second degree murder and assault charges.  In addition, he brings various claims of ineffective assistance of counsel.  Finally, Sadler argues the district court erred in failing to merge four convictions for failing to stop at the scene of an accident.  OPINION HOLDS: Taken in the light most favorable to the State, the record was sufficient for the jury to find Sadler intended to collide with the vehicle, with malice aforethought, and that he specifically intended to injure or incite fear in the vehicle’s passengers.  In addition, Sadler failed to show the requisite prejudice on the ineffective assistance of counsel claims.  Finally, because Sadler could not fail to stop multiple times, the district court erred by not merging his charges for leaving the scene.  We affirm on all counts, except we reverse and remand on Sadler’s convictions for failure to stop at the scene of the accident.

            Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (14 pages)

            A defendant appeals his conviction for sexual abuse in the third degree.  OPINION HOLDS: The district court properly applied Iowa’s rape shield law to preclude defense counsel from exploring an uncharged allegation of sexual abuse on cross-examination.  Defense counsel’s objection to Jury Instruction No. 20 did not sufficiently apprise the trial court of the error alleged on appeal, and thus error is unpreserved with respect to that argument.  We find the evidence sufficient to support the conviction.

            Appeal from the Iowa District Court for Jackson County, Sean McPartland, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (13 pages)

            Sherri Kindsfather appeals a district court ruling setting aside certain conveyances of real property.  OPINION HOLDS: As to the farm property, we reverse because the administrator’s original pleading did not provide fair notice of a claim to the farm; the administrator’s motion to amend was made after the statute of limitations had passed; and the amendment did not relate back to the original pleading.  In all other regards, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED AS MODIFIED.  Heard by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (12 pages)

            Robert (Scott) and Jan Darrah appeal and cross-appeal, respectively, from the decree dissolving their marriage.  OPINION HOLDS: Jan did not dissipate assets when she spent funds designated as temporary spousal and child support for everyday expenses.  The district court properly valued household items.  The district court did not abuse its discretion in awarding the parties joint ownership of their children’s life insurance policies.  The parties agree there should be a deadline set for payment of an account value.  So we order Scott to pay the $81,612 within ninety days of the issuance of procedendo.  The spousal support award is equitable.  So we will not disturb it.  And we award Jan $4000 in appellate attorney fees.

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Heard by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (16 pages)

            Prentice and Lindsey Malott appeal the district court order granting summary judgment in favor of Bevard Properties, L.C. and Thomas Bevard (collectively “Bevard”).  The Malotts argue the doctrine of claim preclusion bars all of Bevard’s claims and, even if not barred, Bevard could not foreclose without a deficiency judgment and pursue a judgment for an attorney fee award from a prior action on the contract.  OPINION HOLDS: The doctrine of claim preclusion does not bar Bevard’s foreclosure claim and the attorney fee award from the prior proceeding is separate and distinct from the foreclosure action.

            Appeal from the Iowa District Court for Buchanan County, Stephanie C. Rattenborg, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Blane, S.J.  Opinion by Tabor, P.J.  (9 pages)

            Boll was convicted of operating while intoxicated, second offense.  He appeals the denial of his motion to suppress evidence that supported his conviction.  OPINION HOLDS: Because that evidence was obtained by constitutional means, we affirm.  Boll also argues on appeal that the district court abused its discretion in handling his discovery requests and that his right to due process was violated when the State took several months to comply with a discovery order.  We find these claims without merit.

            Appeal from the Iowa District Court for Story County, Bethany Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            Adam Gilson appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm the denial of Gilson’s application.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (14 pages)

            A building contractor appeals the district court judgment rejecting his quantum meruit claim against homeowners for whom he did restoration work.  He contends the homeowners owe him $148,000 for the reasonable value of his services and materials.  OPINION HOLDS: Because we find substantial evidence supports the district court’s fact findings, and we rely on the district court’s credibility determinations, we affirm. 

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (10 pages)

            Linda Tomlinson, formerly Linda Nissen, appeals the decree dissolving her marriage to Timothy Nissen, contending (1) the district court’s property division was inequitable “considering Tim’s dissipation of marital assets” and (2) the district court abused its discretion in failing to order Tim to pay her trial attorney fees.  OPINION HOLDS: We conclude Tim must make an equalizing payment of $134,754.14 to Linda as a remedy for his dissipation of assets.  We modify the decree to require the payment of this sum within ninety days after the filing of procedendo.  We affirm on the issue of trial attorney fees and do not award any appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (10 pages)

            Raymond and Mary Butler appeal a district court summary judgment ruling dismissing their suit against Wells Fargo Financial, Inc.  OPINION HOLDS: We conclude Wells Fargo Financial was not exercising possession and control over the premises at the time of Raymond Butler’s alleged injuries and did not owe Butler a duty of care.  We affirm.