August 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dickinson County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Per Curiam. Special concurrence by Vaitheswaran, P.J. (16 pages)

            Al and Deb Poller appeal the decision of the district court, arguing that the district court erred in (1) refusing to find violations of Iowa Code chapter 537B (2016) and (2) concluding Okoboji Classic Cars, LLC (OCC) proved its breach-of-contract claim.  OPINION HOLDS: Assuming without deciding that chapter 537B applies, we need not decide whether OCC violated the chapter because the Pollers did not establish that they sustained actual damages.  Further, the Pollers remain liable on the breach-of-contract claim.  SPECIAL CONCURRENCE ASSERTS: I would find chapter 537B applies to OCC and OCC violated the provision requiring OCC to provide an estimate upon request, but I agree the Pollers did not prove actual damages resulting from the violations, and I agree with the disposition of the breach-of-contract counterclaim.

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Jackie Taylor appeals from the denial of his application for postconviction relief (PCR).  He claims PCR counsel provided ineffective assistance by not calling him to testify at the PCR hearing.  OPINION HOLDS: Taylor’s general assertion he should have been called to testify at the PCR hearing and the limited record we have before us is not enough for us to decide Taylor’s claim of ineffective assistance against PCR counsel.  We affirm the district court’s denial of Taylor’s application for PCR and preserve for a successive PCR application his claim of ineffective assistance against PCR counsel.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Shawn Thomas Bean appeals from convictions for drug-related offenses, arguing the trial court erred in denying his motion to suppress evidence from a vehicle search.  OPINION HOLDS: The evidence was properly admissible, and therefore the denial of the motion to suppress was not in error.  The evidence was admissible under the plain-view exception.  We need not consider whether the consensual encounter transformed into a seizure at some point, as the evidence providing probable cause for Bean’s arrest was discovered due to the arresting officer’s exploration of an area in which Bean had no reasonable expectation of privacy.

            Appeal from the Iowa District Court for Warren County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by May, P.J.  (4 pages)

            Shane Crippen appeals from the denial of his motion for new trial.  OPINION HOLDS: The district court did not abuse its discretion in denying Crippen’s motion.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (3 pages)

            David Ritchie appeals the property-distribution provisions of the decree dissolving his marriage to Shirley Ritchie.  OPINION HOLDS: We affirm the decree of dissolution of marriage.

            Appeal from the Iowa District Court for Chickasaw County, Margaret L. Lingreen, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (3 pages)

            James Mahlstedt challenges his written guilty plea on direct appeal.  OPINION HOLDS: Mahlstedt failed to preserve his challenge to his guilty plea in failing to move in arrest of judgment.  Also, under Iowa Code section 814.6(1)(a)(3) (2019), Mahlstedt has no right to appeal his conviction following his guilty plea unless he establishes good cause to do so.  The record is insufficient to decide the good-cause question. 

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (7 pages)

            A mother appeals a dispositional order entered in a child-in-need-of-assistance proceeding.  OPINION HOLDS: Because we find the evidence presented at the dispositional hearing was clear and convincing that custody should be transferred to the father and there was no discrimination toward the mother, we affirm the district court.

            Appeal from the Iowa District Court for Mills County, Michael D. Hooper, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (11 pages)

            Ricardo Navarro appeals the district court’s denial of his petition to modify the physical care provisions of the decree dissolving his marriage to Catherine Navarro, now known as Catherine Brown.  OPINION HOLDS: We conclude Ricardo met his burden for modification of physical care.  We reverse and remand. 

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Shawn James appeals the dismissal of his claim for damages via summary judgment in favor of the State.  OPINION HOLDS: Finding James’s claim barred by sovereign immunity under Iowa Code section 669.14(4) (2019), we find no error in the district court’s decision.

            Appeal from the Iowa District Court for Johnson County, Lawrence P. McLellan and Jeffrey Farrell, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (4 pages)

            Alonzo Jeffrey appeals his criminal convictions, following guilty pleas, and the imposition of consecutive sentences on those convictions.  OPINION HOLDS: We affirm the convictions and sentences imposed.

            Appeal from the Iowa District Court for Jefferson County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (4 pages)

            The appellants appeal the district court’s denial of their motion to intervene.  OPINION HOLDS: The district court did not err in denying the oral motion for failure to comply with the Iowa Rule of Civil Procedure 1.407.

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Ramiro Gonzales from his conviction for possession of marijuana.  He argues his conviction cannot stand because his out-of-court admissions did not come with other proof that he committed the offense as required by Iowa Rule of Criminal Procedure 2.21(4).  OPINION HOLDS: As there is sufficient evidence to corroborate Gonzales’s out-of-court admission, we affirm his conviction.