Filed Feb 03, 2021
View Opinion No. 19-2060
View Summary for Case No. 19-2060
Appeal from the Iowa District Court for Marshall County, Bethany Currie, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by Mullins, P.J. (5 pages)
Oscar Nunez Cabrera appeals from the sentences entered following the district court’s acceptance of Alford pleas to burglary in the second degree, domestic abuse assault causing bodily injury, and stalking while subject to a protective order. OPINION HOLDS: On our review of the record, we find the district court did not abuse its discretion in sentencing Cabrera. We also find no inference of gross disproportionality. We affirm the sentences imposed.
Filed Feb 03, 2021
View Opinion No. 19-2097
View Summary for Case No. 19-2097
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (14 pages)
Alisha Munoz brought an employment discrimination suit against her former employer, Adventure Lands of America, Inc. (Adventureland). Munoz claimed Adventureland engaged in sex discrimination, disability discrimination, hostile work environment, and wrongful discharge in violation of public policy. The district court granted summary judgment to Adventureland on all four counts. OPINION HOLDS: We agree with the district court that Munoz failed to provide evidence of an adverse employment action on her discrimination claims and she failed to articulate a valid public policy to support her wrongful-discharge claim. However, we find she generated a genuine issue of material fact on her hostile-work-environment claim based on disability. Therefore, we affirm in part, reverse in part, and remand for further proceedings.
Filed Feb 03, 2021
View Opinion No. 20-0043
View Summary for Case No. 20-0043
Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ. Opinion by Schumacher, J. (13 pages)
A former husband appeals the district court’s ruling dismissing his petition to vacate or modify the parties’ decree of dissolution of marriage. OPINION HOLDS: Because we find the husband is prohibited from offering evidence to support his petition to vacate, we affirm the dismissal. Each party shall be responsible for payment of their appellate attorney fees.
Filed Feb 03, 2021
View Opinion No. 20-0064
View Summary for Case No. 20-0064
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Bower, C.J. (4 pages)
Gregory Harris appeals the denial of his application for postconviction relief, contending trial counsel was ineffective in failing to depose the complaining witness before he pled guilty to stalking in violation of a protective order with a habitual-offender enhancement. OPINION HOLDS: We affirm.
Filed Feb 03, 2021
View Opinion No. 20-0133
View Summary for Case No. 20-0133
Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge. SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Doyle, P.J. (4 pages)
Pamela Carr appeals her sentence after pleading guilty to operating a motor vehicle without the owner’s consent. OPINION HOLDS: Because the court failed to provide a reason for imposing consecutive sentences we vacate that portion of the sentencing order and remand for resentencing. We do not address the restitution issue.
Filed Feb 03, 2021
View Opinion No. 20-0166
View Summary for Case No. 20-0166
Appeal from the Iowa District Court for Clinton County, Tamra J. Roberts, Judge, and Phillip J. Tabor, District Associate Judge. AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Tabor, J., takes no part. Opinion by Greer, J. (8 pages)
Bruckner appeals his conviction for eluding based on insufficient evidence and challenges a defect in the sentencing order. OPINION HOLDS: We find substantial evidence supports his conviction and direct the district court to enter a nunc pro tunc order to correct the sentencing order to reflect the correct statute for serious-misdemeanor eluding.
Filed Feb 03, 2021
View Opinion No. 20-0193
View Summary for Case No. 20-0193
Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Vaitheswaran, J. (4 pages)
Charles Zediana appeals the district court’s grant of summary judgment in favor of Abdolhossein E. Ahari, M.D. and Mason City Clinic, P.C. OPINION HOLDS: We conclude there was no genuine issue of material fact and the district court did not err in granting the defendants judgment as a matter of law on their statute-of-limitations defense.
Filed Feb 03, 2021
View Opinion No. 20-0509
View Summary for Case No. 20-0509
Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (6 pages)
Donald and Aimee Rosenbaum appeal the district court’s order denying their motion to set aside a sheriff’s sale of their property without holding a hearing. They argue the district court denied them due process of law in failing to grant a hearing. OPINION HOLDS: Because the Rosenbaums, through their delay tactics, precipitated the repeated postponement of the sale, they cannot now secure the equitable relief they seek. And they did not preserve the due process argument because they have only raised it on appeal. We affirm.
Filed Feb 03, 2021
View Opinion No. 20-0583
View Summary for Case No. 20-0583
Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Doyle, P.J. (6 pages)
Jayvon Aron appeals his sentence from a conviction for possession of a firearm by a felon (adjudicated delinquent). He argues the district court should have been obligated to apply the Miller v. Alabama, 562 U.S. 460, 464-72 (2012), factors in imposing consecutive sentences. Aron also claims the sentencing court failed to articulate how consecutive sentences provide maximum opportunity for his rehabilitation. OPINION HOLDS: Having been sentenced to an indeterminate term of incarceration a Miller individualized sentencing hearing is not required. The district court based its decision for imposing consecutive sentences on reasonable and valid considerations and sufficiently articulated its reasons. Finding no abuse of discretion by the sentencing court, we affirm the sentence.
Filed Feb 03, 2021
View Opinion No. 20-0700
View Summary for Case No. 20-0700
Appeal from the Iowa District Court for Polk County, Tabitha Turner, District Associate Judge. PROBATION REVOCATION REVERSED, SENTENCE VACATED, and CASE REMANDED. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Vaitheswaran, J. (5 pages)
Michael Nelson appeals a sentencing order entered by the district court, contending “the district court erred when it found [him] in contempt of court and revoked his deferred judgment following [his] probation violation.” OPINION HOLDS: We reverse the district court’s revocation of Nelson’s deferred judgment, vacate the sentence, and remand the case for resentencing.
Filed Feb 03, 2021
View Opinion No. 20-0701
View Summary for Case No. 20-0701
Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (4 pages)
Jacob Schmitt challenges the restitution order from his judgment and sentence following his guilty plea to theft. He contends the district court erred in finding he had the reasonable ability to pay when the amount of jail fees and other costs were unknown. OPINION HOLDS: Because Schmitt waived this claim by agreeing he had the reasonable ability to pay in his written plea agreement, we do not reach whether legislative amendments governing restitution apply to his case. We affirm.
Filed Feb 03, 2021
View Opinion No. 20-0789
View Summary for Case No. 20-0789
Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (11 pages)
A father appeals the district court order denying his motion to set aside the default entered against him following his failure to appear at a pretrial conference. He further argues the mother did not meet her burden to show modification of the provisions regarding physical care of the children was warranted. OPINION HOLDS: The district court did not abuse its discretion in partially denying the father’s motion to set aside the default and limiting him to his own testimony and cross-examination of the mother and her witnesses. We conclude joint physical care is no longer viable and the children are more appropriately placed in the mother’s physical care. We decline to award the mother appellate attorney fees. We affirm.