November 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J. (10 pages)

            The State challenges the grant of Earnest Hunt Jr.’s motion to suppress evidence seized during a pat down for weapons.  The supreme court granted the State’s application for discretionary review and stayed the district court proceedings pending resolution of this appeal.  OPINION HOLDS: Because the search of Hunt’s pocket was justified under the plain‑feel exception to the warrant requirement as set forth in Minnesota v. Dickerson, 508 U.S. 366 (1993), we reverse the suppression ruling and remand for further proceedings consistent with this opinion. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J. (10 pages)

            Timothy Neades appeals his conviction for possession of marijuana with intent to deliver, challenging the sufficiency of the evidence.  OPINION HOLDS: As we find sufficient evidence in the record to support the conviction, we affirm.

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  SENTENCES VACATED AND REMANDED WITH INSTRUCTIONS.  Considered by Mullins, P.J., May, J., and Danilson, S.J.  Opinion by Mullins, P.J. (15 pages)

            Luis Cruz appeals the sentences imposed, following guilty pleas, upon his criminal convictions relating to crimes he committed when he was sixteen years old.  He argues the sentencing court abused its discretion by improperly weighing and considering the sentencing factors for youthful offenders.  OPINION HOLDS: We conclude the district court abused its discretion in relation to the third and fifth sentencing factors for juvenile offenders and in its analysis and conclusion to impose the maximum mandatory minimum sentence.  We vacate the sentences imposed and remand for resentencing before a different judge. 

            Appeal from the Iowa District Court for Johnson County, Lars Anderson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            K.D. appeals the district court’s finding that his appeal from a magistrate judge’s order transferring K.D. from outpatient to inpatient treatment was moot when K.D. was transferred back to outpatient treatment prior to the hearing before the district court.  OPINION HOLDS: We affirm the district court’s one and only conclusion that K.D.’s appeal of the September 2020 inpatient order was moot.

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J. (7 pages)

            Chad Godfrey appeals from the district court’s denial of his motion to sever his assault-with-a-dangerous-weapon charge from his charges of possession of a firearm or offensive weapon by a domestic violence offender.  The motion to sever was untimely, and the district court determined good cause did not justify the delay.  Godfrey asserts good cause could be found in his late receipt of exhibits from the State and the COVID-19 pandemic.  OPINION HOLDS: Good cause did not exist for missed deadline to file a motion to sever.  The pandemic had not yet effected court services in Iowa by the time the motion should have been filed.  Further, the issue of when exhibits were received was not preserved for appeal and waived in the brief as no legal authority was provided.  We affirm the denial. 

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge. AFFIRMED IN PART, VACATED IN PART Considered by Greer, P.J. and Schumacher and Danilson, JJ.  Opinion by Schumacher, J. (5 pages).

            James Heginger appeals from a sentencing order that required him to register as a sex offender for a term of life.  OPINION HOLDS: The portion of the sentencing order that specified a duration for the defendant’s sex offender registry was illegal.  We vacate only that portion of the sentencing order.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  Partial Dissent by Schumacher, J.  (16 pages)

            Rita Eastman appeals the decree dissolving her marriage to Larry Eastman.  She argues the spousal support award was inadequate, the property distribution was inequitable, and she should have been awarded trial attorney fees.  She also requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s award of monthly spousal support in the amount of $1000.00 per month but modify it to vacate the reduction in support upon Larry’s retirement.  We affirm the property distribution as equitable.  We affirm the denial of Rita’s request for trial attorney fees and deny her request for appellate attorney fees.  PARTIAL DISSENT ASSERTS: I depart only in regard to the majority’s modification of the trial court’s determination that Rita’s alimony should be reduced upon Larry’s retirement. I would affirm the trial court without modification.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Tabor P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            Mary Sloan appeals the order denying her application to modify the child custody and visitation provisions of the 2016 decree dissolving her marriage to Lawrence Sloan.  OPINION HOLDS: Because Mary failed to show a material and substantial change in circumstances since the decree’s entry or that modification is in the children’s best interests, we affirm.

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Daren Davis and his employer, Mondelez Global, LLC (collectively, Davis), appeal from a district court order that granted a new trial to the plaintiff, Matthew Bailey, in Bailey’s personal injury action following the jury’s verdict finding no fault on the part of Davis.  Davis contends “sufficient evidence was submitted at trial to sustain the jury’s verdict” and “the jury’s verdict administered substantial justice and should not be disturbed.”  OPINION HOLDS: We conclude the district court did not err in finding insufficient evidence to support the jury’s finding that Davis was not at fault.  We affirm the grant of Bailey’s new trial motion.

            Appeal from the Iowa District Court for Dallas County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (15 pages)

            Joseph Kocinski appeals a district court ruling that modified the existing custodial arrangements and physical care provisions relating to a child he shares with Heather Soyer, f/k/a Heather Christiansen.  He also appeals the trial court’s award of attorney fees to Heather.  Both Heather and Joseph request appellate attorney fees.  OPINION HOLDS: On our de novo review, we find the court properly granted Heather physical care of C.B.K.  We modify to clarify the award of legal custody by the district court.  We determine the court did not abuse its discretion in its award of attorney fees and we determine neither party is entitled to an award of appellate attorney fees.  Accordingly, we affirm as modified.   

            Appeal from the Iowa District Court for Clay County, David A. Lester, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (10 pages)

            Darwin Schiltz appeals the district court order modifying his stipulated dissolution decree.  Darwin asks this court to award joint physical care, or, in the alternative, increased visitation and reduced child support.  OPINION HOLDS: We affirm the district court and award the appellee $4000 in appellate attorney fees. 

            Appeal from the Iowa District Court for Osceola County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (11 pages)

            Pamela Mohr appeals the trial court’s declaration Jonathan Langerman is an heir of Jerry Dean Mohr.  She contends the court improperly considered anonymous letters in determining Jerry recognized Jonathan as his son, argues the court erroneously admitted hearsay statements, and maintains there is not clear and convincing evidence Jerry recognized Jonathan as his son.  OPINION HOLDS: Finding no abuse of discretion or error of law, we affirm.