November 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (4 pages)

            After representing himself, Mark Hotzler received guilty verdicts for two counts of stalking as a third or subsequent offense, two counts of first-degree harassment, and one count of third-degree burglary.  Now he requests a new trial, arguing he did not validly waive his right to counsel.  The State agrees.  OPINION HOLDS: Hotzler’s waiver was invalid.  We reverse and remand for a new trial.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (8 pages)

            A mother appeals the termination of her parental rights in this Iowa Code chapter 600A (2019) proceeding.  OPINION HOLDS: The Iowa Indian Child Welfare Act (chapter 232B) applies to this case.  The petitioner failed to present qualified-expert-witness testimony required by Iowa Code section 232B.10(2).

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (5 pages)

            Douglas Hallberg appeals the spousal-support provision from the decree dissolving his marriage to Kristi Hallberg.  OPNION HOLDS: We affirm the district court’s dissolution decree and grant Kristi’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Story County, Bethany Currie, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Vogel, S.J.  Opinion by Mullins, P.J. (3 pages)

            Devontez Voigts appeals the district court’s denial of his challenge to the racial composition of the jury pool in his criminal trial.  OPINION HOLDS: Voigts has failed to causally link the racial underrepresentation of his jury pool to a jury-management practice, so we affirm the district court’s rejection of his fair-cross-section challenge. 

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J. (4 pages)

            After a bench trial, Brent Smith was found guilty of burglary in the second degree and stalking in violation of a protective order.  The district court sentenced Smith to a term not to exceed fifteen years.  Smith appeals, requesting probation and treatment in lieu of incarceration.  OPINION HOLDS: The district court did not abuse its discretion.  We affirm.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The father appeals the district court’s denial of his request for increased visitation and the requirement that he pay a portion of the mother’s attorney fees.  OPINION HOLDS: The father failed to meet his burden to establish a material change in circumstances to warrant an increase in his visitation time.  The district court did not abuse its discretion in requiring the father to pay a portion of the mother’s trial attorney fees.  The father is required to pay a portion of the mother’s appellate attorney fees as well, and this matter is remanded to the district court to ascertain the proper amount. 

            Appeal from the Iowa District Court for Johnson County, Carl D. Baker, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            Mariah Dawn Arneson appeals the summary disposition of her postconviction-relief (PCR) application.  OPINION HOLDS: We find the district court properly granted the State’s motion for summary disposition.  We also find Arneson’s claim of actual innocence was not preserved for our review.  Accordingly, we affirm. 

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            TDFuel, LLC (TDFuel) appeals the district court’s order granting summary judgment in favor of Old Dominion Freight Line, Inc. (Old Dominion) in a breach-of-contract action.  OPINION HOLDS: Because the contract between TDFuel and Old Dominion required TDFuel to inform Old Dominion of the letter from the city, the district court correctly granted summary judgment.  Accordingly, we affirm. 

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            Chelsea Reed appeals an order establishing child custody and support of a three-year-old daughter.  OPINION HOLDS: After considering all the relevant factors, we affirm the order placing physical care of the child with her father.  On child support, we find the district court’s calculation was supported by the evidence and decline to disturb its ruling ordering Chelsea to pay $559 in monthly child support.  

            Appeal from the Iowa District Court for Allamakee County, Alan T. Heavens, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            Lester Askelson appeals the annulment of his writ of certiorari, alleging the district court erroneously found his petition was untimely.  He also appeals the court’s denial of his application for an extension of time to file the petition.  OPINION HOLDS: As the court appropriately determined Askelson’s petition was untimely and did not abuse its discretion in denying the application for an extension, we affirm. 

            Appeal from the Iowa District Court for Story County, Amy Moore, Judge.  REVERSED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Partial Dissent and Partial Special Concurrence by Schumacher, J.  (11 pages)

            A former husband appeals the extension of a domestic abuse protection order in favor of his ex-wife, arguing (1) the district “court lacked subject matter jurisdiction” to extend the protective order; (2) there was insufficient evidence to support a finding that he continued to pose a threat to the safety of his ex-wife; and (3) the district court erred in assessing “all court costs” to him.  OPINION HOLDS: On our de novo review of the record, we reverse the extension of the protective order.  Any court costs associated with the motion to extend the protective order are taxed to the ex-wife.  PARTIAL DISSENT AND PARTIAL SPECIAL CONCURRENCE ASSERTS: I respectfully dissent from the majority opinion that finds reversal of the extension of an order of protection, pursuant to Iowa Code chapter 236, is required.  I specially concur on the assessment of court costs against the ex-husband from the original proceeding.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            The mother appeals the district court’s modification of the physical care arrangement switching physical care from the mother to the father.  OPINION HOLDS:  The father failed to meet the heavy burden of showing he is better suited to minister to the child’s needs.  Accordingly, physical care should not have been switched from the mother to the father.  We remand to the district court to establish the father’s visitation rights and other matters related to physical care.