December 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (4 pages)

            Randy Copenhaver appeals the denial of his application for postconviction relief claiming trial counsel was ineffective for failing to move for dismissal due to a speedy-trial violation.  OPINION HOLDS: Copenhaver waived his right to speedy trial before the deadline passed.  So counsel was not ineffective for failing to move for dismissal based on a speedy-trial violation.

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

            Michael Lajeunesse petitioned for writ of mandamus, asking the district court to compel the Iowa Board of Medicine (Board) to take action.  Lajeunesse failed to serve the Board with the original notice, so district court dismissed Lajeunesse’s case for lack of prosecution.  On appeal, Lajeunesse raises a number of issues not germane to the dismissal of his case.  OPINION HOLDS: Under this record, Lajeunesse did not establish good cause for his failure to serve the Board within ninety days of petitioning for writ of mandamus.  We affirm the dismissal of Lajeunesse’s case.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J. (5 pages)

            Rodney Jackson appeals the denial of his application for postconviction relief.  Jackson claims on appeal that his counsel was ineffective for failing to adequately prepare for trial and that this failure prejudiced him.  OPINION HOLDS: Because Jackson has not proven the alleged failing was prejudicial, his claim of ineffective assistance cannot stand.  We affirm the district court’s dismissal of his application. 

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  WRIT SUSTAINED, ORDER VACATED, AND CASE REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (6 pages)

            On certiorari, the State challenges the legality of a district court ruling in a postconviction-relief proceeding, granting relief following a prison disciplinary decision.  OPINION HOLDS: We conclude Iowa Code chapter 822 (2020) was not the proper vehicle to challenge the decision.  As such, we sustain the writ of certiorari and vacate the district court’s order granting relief.  We remand the matter to the district court to enter an order effectuating this opinion. 

            Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II and Stuart P. Werling, Judges.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J.  (13 pages)

            Trina Ward appeals district court orders granting motions to strike and summary judgment in favor of defendants Unity Health Care and four doctors.  OPINION HOLDS: On our review of the record, we find nothing clearly unreasonable or untenable with the district court’s orders granting the motions to strike.  No qualified expert witnesses remained to testify on Ward’s behalf.  Viewing all of the remaining evidence in the light most favorable to the nonmoving party, insufficient evidence was presented to prove a prima facie case of medical malpractice.  Finally, because no prima facie case of medical malpractice was made, the vicarious-liability claim must also fail.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer J., and Blane, S.J.  Opinion by Greer, J.  (9 pages)

            Susan Brown appeals from the decree dissolving her marriage to Matthew Brown.  Susan limits her challenge to the spousal-support award, which she argues is insufficient.  Susan asked for $2100 per month for life, while Matthew proposed $750 per month for a term of five years.  The district court awarded Susan $900 per month of traditional alimony, which is to continue until she dies or remarries.  OPINION HOLDS: We find the district court’s determination of the spousal support equitable after considering all factors including the length of marriage, property division, and the earning ability of these parties.  We affirm the district court.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            Joseph Wright appeals the summary dismissal of his third application for postconviction relief.  OPINION HOLDS: Wright previously challenged the lack of preliminary hearing in his second postconviction action and may not relitigate the issue.  As for his claim of actual innocence, it is undisputed the facts were known and available to him within the limitations period.  We affirm the summary dismissal of the application.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  WRIT SUSTAINED, ORDER VACATED, AND CASE REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (8 pages)

            On certiorari, Krystal Hunter challenges the legality of a district court ruling finding her in contempt and awarding attorney fees to the opposing party, Matthew Howe.  Matthew requests an award of appellate attorney fees.  OPINION HOLDS: Being unable to agree with the district court that substantial evidence supports a finding that Krystal’s actions amounted to willful disobedience of the order of protection, we vacate the finding of contempt, the sentence imposed, and the award of attorney fees in favor of Matthew.  We remand for the entry of a district court order effectuating this opinion.  Matthew’s request for appellate attorney fees is denied.

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (18 pages)

            Julie Fischer appeals the district court’s affirmation of the Sioux City Community School Board’s (the Board) termination of her teaching contract.  OPINION HOLDS: We conclude (1) the Board’s decision to terminate was supported by a preponderance of competent evidence, (2) the Board’s decision was not tainted by prejudicial errors of law, (3) the Board was not obligated to impose a lesser sanction, and (4) the First Amendment did not preclude termination.  We affirm.

            Appeal from the Iowa District Court for Winneshiek County, Alan Heavens, Judge.  AFFIRMED AS MODIFIED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (6 pages)

            Jeremy Meyer appeals a district court order establishing custody and physical care of the parties’ child.  OPINION HOLDS: We affirm the grant of physical care to Megan Lansing.  We modify Jeremy’s visitation to permit him to use his summer visitation during other times of the year.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (6 pages)

            Kevin Muehlenthaler was convicted on three counts of sexual exploitation by a school employee.  In postconviction-relief proceedings, the district court ordered a new trial, finding that Muehlenthaler’s criminal trial counsel was ineffective.  The State appeals.  OPINION HOLDS: Muehlenthaler cannot show he was prejudiced by counsel’s errors, if any.  So we reverse and remand. 

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Patricia Cumpston appeals from the order finding her responsible for the outstanding balance owed to Bethany Lutheran Health Services for care provided to her late husband.  OPINION HOLDS: Cumpston failed to preserve her argument that Iowa Code section 597.14 (2018) was not properly before the court.  Even if she did, the district court did not abuse its discretion in impliedly permitting Bethany Lutheran’s post-trial amendment asserting a section 597.14 claim, as Cumpston suffered no prejudice or surprise.  Further, Bethany Lutheran’s charges were for reasonable and necessary expenses of the family for which Cumpston was responsible.  Finally, Cumpston failed to prove Bethany Lutheran owed her a fiduciary duty in applying for Medicaid.