January 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            D’Anthony Curd appeals from the dismissal of his application for postconviction relief.  OPINION HOLDS: Because the application is time barred, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED, AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Lanard Collins appeals the sentences imposed following his guilty plea to possession of marijuana with intent to deliver and failure to affix a drug tax stamp, contending the district court considered an impermissible factor.  OPINION HOLDS: Because we conclude the court considered an impermissible factor, we vacate the sentences and remand for resentencing.

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (8 pages)

            Acting pro se, Justin Sulzner appeals the decree dissolving his twenty-nine-year marriage and the order denying his motions for contempt.  OPINION HOLDS: Because Justin did not preserve error on two issues raised in his brief, we do not reach the merits of those claims.  We uphold the district court’s denial of Justin’s motions for contempt, finding no abuse of discretion.  We affirm. 

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Fabian Garcia appeals his convictions for sexual abuse in the second degree, lascivious acts with a child, and incest.  OPINION HOLDS: We find the child’s recorded interview is admissible under the residual hearsay exception, the child’s testimony is sufficient evidence to support Garcia’s conviction on all counts, and the court did not abuse its discretion in denying Garcia’s request for review of the child’s mental-health records.  Therefore, we affirm.

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

            Timothy Weakley appeals following trial on, and dismissal of, his civil petition at law alleging Kevin Yetmar violated the real-estate-disclosure requirements contained in Iowa Code chapter 558A (2019) and engaged in fraudulent misrepresentation.  OPINION HOLDS: We find the record inadequate to facilitate appellate review and, as such, we affirm the denial of Weakley’s petition. 

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            Travis Irvin appeals the imposition of a final domestic-abuse protective order pursuant to the Domestic Abuse Act, Iowa Code chapter 236 (2019).  OPINION HOLDS: We affirm the issuance of the protective order.  We grant Chantell Shores-Irvin’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Cass County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (5 pages)

            Charles Mace Jr. pled guilty to one count of lascivious acts with a child, in in violation of Iowa Code section 709.8(1)(d) (2018), which is a class “D” felony.  On appeal, Mace claims the court abused its discretion in sentencing him to a term of imprisonment not to exceed five years rather than granting his request for probation.  OPINION HOLDS: Mace failed to prove the district court abused its discretion when deciding his sentence.  We affirm.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (5 pages)

            Danielle Grimm appeals her conviction for drug-related offenses.  OPINION HOLDS: The district court properly denied Grimm’s motion to suppress. 

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Chad Enderle appeals the district court’s decision denying his request for postconviction DNA testing.  OPINION HOLDS: The request for DNA testing was properly denied because the statutory requirements for such testing were not met.  Enderle has not shown he was denied his right to due process.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J.  (5 pages)

            Christopher Roby appeals the denial of his application for postconviction relief, claiming the court erred in rejecting his claim of ineffective assistance of his counsel in criminal proceedings.  OPINION HOLDS: We conclude counsel was not ineffective as alleged and affirm the denial of Roby’s application for postconviction relief.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Husband appeals from the dissolution decree challenging the district court’s award of physical care of the three minor children to the mother and alternatively seeks an increase in summer visitation.  The wife seeks an award of attorney fees.  OPINION HOLDS: It is in the children’s best interest that physical care be placed with the mother, and we decline to modify the district court’s allocation of summer visitation rights.  We hold the wife is not entitled to an award of appellate attorney fees. 

            Appeal from the Iowa District Court for Harrison County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (7 pages)

            Shiela Heim appeals the denial of her petition to modify the child custody provisions of the decree dissolving her marriage to John Heim and her contempt action.  OPINION HOLDS: The district court did not abuse its discretion in ruling on reception of evidence and the conduct of trial.  Because Shiela failed to show a substantial change in circumstances sufficient to modify legal custody or that John willfully disobeyed a court order, we affirm.  We decline Shiela’s request for appellate attorney fees.