2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A defendant appeals from convictions for drug possession and failure to possess a tax stamp.  OPINION HOLDS: The evidence is sufficient to support the convictions, and the verdicts are not contrary to the evidence.  The prosecutor’s comment during closing arguments did not constitute misconduct nor was it prejudicial, and we find the complaint against it unpreserved.  The claims raised by Smith’s supplemental pro se brief are unpreserved. 

            Appeal from the Iowa District Court for Madison County, Thomas P. Murphy and Martha L. Mertz, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J. (4 pages)

            Tyree Millsap appeals the sentence imposed following his conviction and sentence for two counts of child endangerment resulting in bodily injury.  OPINION HOLDS: The district court did not abuse its discretion.  We affirm.

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  SENTENCE VACATED IN PART AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (2 pages)

            Jeffrey Nagel appeals his sentence following his guilty plea to assault with intent to commit sexual abuse, contending the district court “did not evaluate [his] reasonable ability to pay” victim restitution and court costs before ordering restitution for those items.  OPINION HOLDS: We vacate the order of disposition and remand for further proceedings.  

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

            Joseph Howard appeals his conviction of possession of a controlled substance.  He challenges the district court’s denial of his motion to suppress evidence obtained as a result of a traffic stop, arguing the traffic stop lacked probable cause and was therefore unconstitutional.  OPINION HOLDS: We agree with the district court that law enforcement had probable cause to believe the headlamp on the vehicle Howard was driving was inadequate under Iowa law.  At the very least, reasonable suspicion justified the stop.  We affirm the denial of Howard’s motion to suppress and his ensuing conviction.

            Appeal from the Iowa District Court for Fayette County, Bradley J. Harris, Judge.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Jesse Pleggenkuhle appeals the decree dissolving his twenty-two-year marriage to Kimberly.  In the decree, the district court found two $50,000 payments from Jesse’s family were gifts to both him and Kimberly for building and refinancing their marital home.  Jesse contends those gifts were not divisible as marital property because his parents gave them to him alone, intending to keep the farm in the family.  He also contends the award of spousal support is inequitable.  OPINION HOLDS:  Because the district court correctly concluded the gift was to the couple, not Jesse alone, and the support award is equitable, we affirm on both grounds.  Kimberly asks for appellate attorney fees; we remand for the district court to determine a reasonable award.

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            The plaintiff appeals from the ruling granting the defendant’s motion for summary judgment, challenging the district court’s decisions to deny in part the plaintiff’s motion for a continuance and to deny plaintiff’s request to amend its petition a third time.  OPINION HOLDS: We affirm the district court’s decisions denying the motion to continue and the motion to amend the petition.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            The Animal Rescue League (ARL) appeals the district court’s denial of its motion for sanctions against plaintiff Bela Animal Legal Defense and Rescue (Bela) and plaintiff’s counsel.  The ARL argues the district court abused its discretion by declining to impose sanctions based on their perceived futility in deterring unprofessional conduct on this record.  OPINION HOLDS: Because Iowa Rule of Civil Procedure 1.413(1) commands courts to impose sanctions when they find violations of the rule on frivolous filings, we reverse and remand for further proceedings. 

            Appeal from the Iowa District Court for Buena Vista County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Leslie Harrod appeals the district court order affirming the final decision of the Iowa Workers’ Compensation Commission in regard to her claim against her employer Advance Services, Inc. and its insurer Ace American Insurance Company.  Harrod argues (1) the reviewing deputy’s decision to reduce the initial deputy commissioner’s forty percent industrial disability to twenty-five percent industrial disability was not supported by substantial evidence; (2) the reviewing deputy’s reversal of the deputy’s grant of alternative medical care was not supported by substantial evidence; and (3) the reviewing deputy erroneously reversed the deputy’s award of penalty benefits.  OPINION HOLDS: Substantial evidence supported the reviewing deputy’s determination that Harrod suffered a twenty-five percent industrial disability from her injury.  Harrod did not meet her burden to show she was entitled to alternative medical care or that appellees unreasonably delayed making payments to her. 

            Appeal from the Iowa District Court for Crawford County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Mullins, JJ.  Schumacher, J., takes no part.  Opinion by Mullins, J.  (5 pages)

            Appellants Juliann Nelson and Kristine Norelius appeal the district court ruling awarding attorney fees to an intervenor in an involuntary guardianship and conservatorship proceeding, arguing the court abused its discretion in awarding fees.  OPINION HOLDS: We affirm the district court.  We decline to award appellate attorney fees to the appellants.  We award fees to the intervenor in the amount of $3500.00, payable by appellants.  Costs on appeal are assessed to appellants. 

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (7 pages)

            Justin Erdman appeals the denial of his motion to suppress following his criminal convictions.  He challenges the constitutionality of a search of his vehicle following a traffic stop.  OPINION HOLDS: Upon our de novo review, we conclude the search was supported by exigent circumstances coupled with probable cause and was therefore reasonable, which is all that is constitutionally required.  As such, we affirm the denial of Erdman’s motion to suppress and his convictions.

            Appeal from the Iowa District Court for Palo Alto County, David A. Lester, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            Tena Schantz appeals the district court’s grant of a directed verdict, ending her slip-and-fall case.  OPINION HOLDS: We conclude the district court properly granted a directed verdict for Wild Rose on all of Schantz’s claims of negligence except for her claim of negligence based on failing to clean and maintain the bathtub/shower.  We remand for further proceedings on that claim.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Joseph Lewis appeals the district court’s ruling on judicial review affirming the decision of the workers’ compensation commissioner, contending the commissioner’s fact findings are not supported by substantial evidence.  OPINION HOLDS: The record as a whole contained substantial evidence to support the commissioner’s fact findings and determination that the injury did not arise out of and in the course of Lewis’ employment.  Accordingly, we affirm.