September 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (12 pages)

            A father appeals the decree awarding the mother physical care of their daughter.  The father contends he is in a better position to serve the child’s long-term best interests.  OPINION HOLDS: After considering the child’s need for greater stability and continuity, we affirm the district court.  The father is unable to pay requested attorney fees, but we assess him costs on appeal. 

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Douglas and his new wife, Ramona Santee, appeal the order denying their challenge to an administrative levy under Iowa Code chapter 252I (2019).  OPINION HOLDS: Ramona failed to preserve error on her due process claim.  On their equitable estoppel claim, equitable estoppel does not apply to a chapter 252I challenge, and, even if equitable estoppel could apply here, Douglas and Ramona failed to prove equitable estoppel by clear and convincing evidence.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (12 pages)

            A father appeals the modification of his visitation with three minor children after they and the mother moved out of state to the Chicago suburbs.  He contends the interim visitation schedule, where the children fly to visit him in West Des Moines twice a month, is in their best interests.  OPINION HOLDS: The modified visitation order, which reduces the children’s visits to Iowa to once per month and increases other periods of visitation with the father to compensate, was in the children’s best interests as frequent travelling had impacted their well-being.  We affirm other challenged aspects of the modification and order the parties to pay their own trial and appellate attorney fees. 

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Danilson, S.J.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Emilio Serrano appeals the district court’s denial of his motion for sanctions.  OPINION HOLDS: We conclude the district court did not abuse its discretion in denying Emilio’s motion for sanctions.  

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

            Cassandra Greenway appeals the district court order denying her motion in arrest of judgment following her guilty plea.  On appeal, Greenway argues her motion should have been granted because her guilty plea was not knowingly and voluntarily entered.  She asserts her attorney was unprepared to go to trial, so she had no choice but to plead guilty.  OPINION HOLDS:

Since Greenway’s guilty plea was accepted before July 1, 2019, recent amendments to Iowa Code section 814.6 do not apply, Greenway has the statutory right to appeal, and we have jurisdiction to hear the appeal.  To the extent Greenway’s claim on appeal is an attempt to assert an ineffective-assistance-of-counsel claim, we are unable to address it.  To the extent Greenway is arguing her motion in arrest of judgment should have been granted on the merits, the record demonstrates no abuse of discretion by the district court.  We affirm.

            Appeal from the Iowa District Court for Monona County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Latisha Watson appeals the district court judgment finding her guilty of possession of a controlled substance in violation of Iowa Code section 124.401(5).  On appeal, Watson challenges the sufficiency of the evidence that she possessed the marijuana.  OPINION HOLDS: The witness testimony that Watson handed him marijuana when she realized police were at her house so the witness could “take the rap for her” is sufficient evidence of Watson’s actual possession of the drugs to sustain the guilty finding.  We affirm.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Terrell Sallay appeals his conviction for domestic abuse assault causing bodily injury, third or subsequent offense.  OPINION HOLDS: We find there is substantial evidence in the record to support Sallay’s conviction.  Also, he was not improperly subjected to ex post facto punishment requiring him to serve a more severe sentence than was available at the time the offense was committed.  We affirm Sallay’s conviction and sentence.

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            William Fetner appeals following his guilty plea to possession of a controlled substance (marijuana), third or subsequent offense, and driving while barred.  Fetner contends the district court considered an “impermissible” and “irrelevant” factor in imposing his sentence.  OPINION HOLDS: We affirm Fetner’s judgment and sentence.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Brandon Tate appeals the denial of his application for postconviction relief, arguing his trial attorney was ineffective (1) “by advising [him] not to testify”; (2) for “failing to investigate”; and (3) for “failing to effectively impeach” the woman.  OPINION HOLDS: We affirm the postconviction court’s denial of Tate’s postconviction-relief application.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (3 pages)

            Deangelo Allen challenges the sentences imposed after pleading guilty to various charges.  OPINION HOLDS: Although the record would also support suspending the sentences, nothing indicates the court abused its discretion in imposing the sentences of incarceration. 

            Appeal from the Iowa District Court for Story County, Steven J. Oeth, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Divinity De Los Rios, formerly known as Divinity Roberts, appeals the district court’s decision denying her application for modification of the parties’ dissolution decree.  OPINION HOLDS: We find the district court properly denied Divinity’s request for sole legal custody, and we affirm on this issue.  We reverse the district court’s decision requiring Divinity to reveal her physical address based on her participation in an address-confidentiality program.  The matter is remanded to the district court for consideration of the applicable law and for additional factual findings concerning the address disclosure provision.  Accordingly, we affirm in part, reverse in part, and remand to the district court.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (2 page)

            Chanjuok Obuing Odhung appeals his conviction and sentence for first-degree robbery.  OPINION HOLDS: Because Odhung’s conviction was entered in November 2019, we lack authority to consider his ineffective-assistance-of-counsel claim in light of recent statutory amendments to Iowa Code section 814.6 (2019).  As for the sentencing issue, we decline to extend State v. Lyle, 854 N.W.2d 378 (Iowa 2014), and find its holding inapplicable because Odhung was nineteen years old when he committed the offense.