2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Boone County, James A. McGlynn, Judge.  AFFIRMED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            J.P. appeals from the district court decision to impose a civil protective order between himself and T.D. under Iowa Code section 236A.3 (2019).  He contends the evidence at the hearing did not support her petition.  OPINION HOLDS: On our de novo review of the testimony and giving due consideration to the district court’s in-person assessment of the disputed testimony, we affirm the ruling. 

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (7 pages)

            Desiree Trent pled guilty to one count of forgery.  She was sentenced to a term of incarceration not to exceed five years and ordered to pay $1569.08 in victim restitution.  On appeal, Trent argues the district court considered an improper factor in deciding her sentence and erred in imposing the amount of victim restitution she owed.  OPINION HOLDS: The court did not abuse its discretion by considering improper factors in imposing Trent’s sentence.  However, the court ordered $1547.91 of victim restitution not causally linked to Trent’s established criminal act; so we vacate the order of victim restitution and remand for the district court to enter an order consistent with this opinion.

            Appeal from the Iowa District Court for Webster County, Adria Kester, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (16 pages)

            Troy Kleppe, a former public employee, appeals the grant of summary judgment to the Fort Dodge Police Department and the City of Fort Dodge (collectively, the “City”) on a wage claim under Iowa Code chapter 91A (2018).  Kleppe claims he is owed overtime pay for work as a police canine handler and trainer.  The district court found Kleppe failed to exhaust the administrative remedies under the public employees’ collective bargaining agreement (CBA).  OPINION HOLDS: On our review, we find no error in the district court’s determination there were no issues of material fact and the City was entitled to judgment as a matter of law.  Kleppe was obligated to exhaust the administrative procedures offered in the CBA and failed to do so.  We affirm.

            Appeal from the Iowa District Court for Dickinson County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (11 pages)

            Blake Rife appeals the district court’s order overruling his petition for modification of certain provisions of his modified decree of dissolution.  OPINION HOLDS: Upon our de novo review of the record, we agree with the district court that Blake failed to prove there was a material change in circumstances to warrant modification of the parties’ previously modified visitation schedule.  We also find the district court’s determination of Blake’s annual gross income was within the range of permissible evidence presented at trial, and we will therefore not disturb it.  We find no abuse in discretion by the district court’s award of trial attorney fees to Jennifer.  Finally, we find Blake should pay to Jennifer a $5000 award of appellate attorney’s fees.  We affirm on all issues.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            Debra True appeals the workers’ compensation commissioner’s interpretation of an administrative rule and finding she waived her claim to penalty benefits under the workers’ compensation act.  OPINION HOLDS: We find True waived some of her penalty-benefit claims by failing to follow procedures as explained in an administrative rule, and we affirm in part the commissioner’s ruling.  However, because some of the claims may have arisen after the initial hearing and ruling, we reverse and remand for the commissioner to consider her post-hearing penalty-benefit claim.

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J. (5 pages)

            Chad Lindsay appeals the restitution order entered after he pled guilty to one count of failure to obtain workers’ compensation liability insurance.  OPINION HOLDS:  Because Lindsay’s criminal act supports a civil claim for recovery, the court properly assessed restitution to compensate the victim for pecuniary damages arising from that criminal act.  Lindsay’s claim that his counsel was ineffective in failing to request a setoff for a workers’ compensation award fails because counsel had no duty to request a setoff for a workers’ compensation award when Lindsay had made no payments on the award.

            Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            Jamie Sinn and Rusty Duff are the never-married parents of A.D. and L.D.  In a 2014 stipulated decree, the court gave the parents joint legal custody of the children, placed the children in Jamie’s physical care, and gave Rusty reasonable visitation with the children.  Following Rusty’s 2018 petition to modify the decree, the district court modified physical care, placing the children in Rusty’s care.  On appeal, Jamie challenges the district court’s ruling, arguing the modification of physical care is not in A.D.’s and L.D.’s best interests.  Alternatively, she contends she should be awarded more visitation time.  She also requests $2000 in appellate attorney fees.  OPINION HOLDS: We affirm the district court’s modification and decline to award Jamie appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (5 pages)

            Toby Richards appeals the sentences imposed following convictions of domestic abuse assault, third or subsequent offense, and domestic abuse assault by strangulation.  He argues the sentencing court improperly used a previously prepared presentence investigation report (PSI) and alternatively argues his counsel was ineffective in failing to object to use of the PSI.  He also argues the court erred in ordering the sentences imposed run consecutively to sentences resulting from prior domestic-abuse convictions.  OPINION HOLDS: Our review of the record reveals the court did not rely on information in the PSI that did not result in conviction in imposing the sentence.  The court’s colloquy shows the court considered the appropriate factors.  Richards cannot show prejudice, so his ineffective-assistance claim fails.

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  REVERSED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Tabor, J., takes no part.  Opinion by May, J.  (4 pages)

            A father appeals the juvenile court’s termination of his parental rights.  OPINION HOLDS: We find insufficient evidence to establish grounds for termination.  So we reverse the juvenile court’s order terminating the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A mother, Tiana, appeals the termination of her parental rights to her fourth child, M.C.  She argues the State failed to present clear and convincing evidence to support the statutory basis for terminating her rights.  OPINION HOLDS: Because Tiana refuses to address her substance-abuse issues, is not forthcoming about domestic abuse possibilities, refuses to engage in individual therapy and has not cooperated with DHS workers, we find that Tiana is unwilling to respond to services.  Also, after viewing the record as a whole, we find clear and convincing evidence that more time for rehabilitation would not fix the problems with Tiana’s parenting.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (6 pages)

            A mother appeals the termination of her parental rights to her child, born in 2013.  The mother contests termination pursuant to Iowa Code section 232.116(1)(l) (2019) and argues termination is not in the child’s best interest.  OPINION HOLDS: The statutory grounds for termination are met pursuant to section 232.116(1)(f), which the mother did not contest.  Furthermore, we find termination is in the child’s best interest and no permissive exceptions to termination apply.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (8 pages)

            A mother appeals the termination of her parental rights to her two children, born in 2016 and 2017.  She challenges the sufficiency of the evidence supporting the statutory grounds for termination cited by the juvenile court, argues termination is not in the children’s best interests because of the closeness of the parent-child bond, and maintains she should have been granted additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.