January 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Tod J. Deck, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J. (10 pages)

            Tran Walker was convicted of two counts of first-degree murder.  On appeal, Walker argues the State failed to present sufficient evidence to prove he could form the specific intent necessary for first degree murder.  He argues that the evidence of his mental-health problems was enough to negate a finding of specific intent.  OPINION HOLDS: Evidence of the multiple stab wounds inflicted upon each victim suffice to establish the requisite intent to kill—even without considering Walker’s use of dangerous weapons, his statements before the murders, and his admissions afterwards.  Walker offered no expert opinion relating to diminished responsibility, and his post-murder actions also weigh against a diminished responsibility defense.  We find unavailing Walker’s argument that evidence of his mental-health issues was enough to negate a finding of specific intent to kill.  We therefore affirm the district court’s judgment and sentence.      

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (7 pages)

            Black’s Heritage Farm, Inc., Black’s Enterprises, Inc., Duane Black, Norine Black, and Chad Black (collectively “the Blacks”) appeal a district court determination they are not entitled to a defense in a suit brought by Gerald Bice and Old School Renovations, LLC under the policy of liability insurance issued by Secura Insurance.  OPINION HOLDS: The Blacks did not preserve error on their theory of coverage, and we affirm.

            Appeal from the Iowa District Court for Clarke County, Martha L. Mertz, Judge.  CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (19 pages)

            Brian John Lindemann appeals his convictions and sentences for willful injury causing serious injury, assault causing bodily injury, domestic abuse assault with intent to inflict serious injury, and domestic abuse assault causing bodily injury.  Lindemann asserts several errors: (1) the treating physician impermissibly vouched for the credibility of the complaining witness, (2) the district court abused its discretion in denying Lindemann’s motions to strike two potential juror for cause and (3) the district court abused its discretion in allowing the State to amend the trial information, (4) the sentence imposed for assault causing injury was illegal, and (5) the court considered impermissible factors when imposing consecutive sentences.  OPINION HOLDS: We discern no abuse of discretion in the court’s evidentiary ruling, in the denial of the two motions to strike for cause, or in allowing the amendment of the trial information.  However, the sentence imposed on count III was illegal.  Therefore, we affirm the convictions with the exception of count III, which we reverse, and we vacate the sentence on count III and remand for resentencing.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (4 pages)

            A defendant appeals following an adverse ruling on a motion for partial summary judgment in favor of a plaintiff under one contract, arguing it should be entitled to setting off of damages among claims across three contracts.  OPINION HOLDS: Upon our plain reading of the contract, we find no contractual agreement to setting off of claims and counterclaims across the three contracts.  As such, set off is prohibited by Iowa Rule of Civil Procedure 1.957.  We affirm entry of judgment in favor of the plaintiff.

            Appeal from the Iowa District Court for Audubon County, Michael D. Hooper, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (14 pages)

            A father and mother both appeal the district court order modifying the order dissolving their marriage.  The father argues the district court erred by refusing to modify physical care of the couple’s second oldest child, A.C., and by granting the mother physical care of their third oldest child, C.C.  The mother argues the district court erred by incorrectly calculating the amount of child support and abused its discretion by failing to require the father to pay her trial attorney fees.  Both parents request appellate attorney fees.  OPINION HOLDS: We conclude it is in A.C.’s best interest to remain in the physical care of the mother.  We further conclude it is in C.C.’s best interest for the parties to have joint legal custody of C.C., with the mother to have physical care.  We affirm the child support obligations imposed by the district court.  We also affirm the district court’s decision not to award trial attorney fees to the mother.  The father shall pay $3000 of the mother’s appellate attorney fees.  Costs on appeal are divided equally between the parties.  We reject the father’s claim for appellate attorney fees.

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Gamble, S.J.  Opinion by Mullins, P.J.  (3 pages)

            Katelyn Eikenberry appeals the dismissal of her negligence petition as to Samantha Owens.  OPINION HOLDS: We affirm the dismissal of Eikenberry’s petition as to Owens.      

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J. (6 pages)

            Monica Fagan appeals an order for reimbursement of jail fees.  OPINION HOLDS: We find her constitutional claims are not preserved and the reimbursement order is not void.  We affirm.

            Appeal from the Iowa District Court for Boone County, Amy Moore, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            The plaintiffs appeal the district court’s order granting summary judgment in favor of the defendants on their claim of co-employee gross negligence.  OPINION HOLDS: We affirm the district court’s grant of summary judgment in favor of the defendants.

            Appeal from the Iowa District Court for Cass County, Kathleen A. Kilnoski, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother appeals the denial of her motion to set aside default judgment and entry of a parenting plan.  OPINION HOLDS: We conclude the court abused its discretion in denying the motion to set aside the default decree. 

            Appeal from the Iowa District Court for Adair County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            Glen Hanson appeals the district court’s order denying recovery on his claim for breach of an oral repurchase option agreement and finding that Hanson’s agreements were with a limited liability company.  OPINION HOLDS: Hanson did not meet his burden to prove the existence or, alternatively, the terms of the purported agreement to repurchase cattle.  Substantial evidence supports the district court’s finding that Hanson’s agreements were with the limited liability company.

            Appeal from the Iowa District Court for Madison County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (3 pages)

            Lita Johnson appeals the order denying her petition to modify the child custody provisions of the decree dissolving her marriage to Bill Viers.  OPINION HOLDS: Because Lita failed to meet her heavy burden of showing she is able to offer the child superior care, we affirm.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (7 pages)

            Mun Koak appeals the physical care and spousal support provisions of the decree dissolving his marriage to Nyedow Koak.  He argues the district court erred in failing to order joint physical care of the parties’ children and in ordering him to pay spousal support.  OPINION HOLDS: On our de novo review of the record we find the district court did not err in awarding physical care of the parties’ children to Nyedow.  Finding no evidence to support Mun’s claim the court failed to consider pre-existing child support payments, we do not disturb the district court’s spousal support award.