Filed Mar 17, 2021
View Opinion No. 19-2119
View Summary for Case No. 19-2119
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED. Considered by Bower, C.J., and May and Ahlers, JJ. Opinion by Ahlers, J. (4 pages)
Lime Lounge, LLC challenges the agency’s decision that its bartender sold an alcoholic beverage to a person under the legal age. OPINION HOLDS: We find sufficient evidence to support the agency and affirm.
Filed Mar 17, 2021
View Opinion No. 20-0192
View Summary for Case No. 20-0192
Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Doyle, P.J. (10 pages)
Kevin Thoren appeals his conviction for sexual abuse in the third-degree. He contends the district court abused its discretion in admitting certain evidence at trial. OPINION HOLDS: Because the evidence was relevant and the probative value was not outweighed by the danger of unfair prejudice, the district court did not abuse its discretion in admitting it.
Filed Mar 17, 2021
View Opinion No. 20-0305
View Summary for Case No. 20-0305
Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Greer, J. (9 pages)
Matthew Wilson appeals the denial of his application for postconviction relief (PCR), contending he received ineffective assistance from his criminal trial and PCR counsel. He contends trial counsel provided ineffective assistance in failing to adequately explain the plea offer to him and maintains PCR counsel provided ineffective assistance in failing to recognize that trial counsel’s actions “amounted to structural error” and to raise and develop the issue in the PCR proceedings. OPINION HOLDS: Because Wilson has failed to establish either counsel provided ineffective assistance, we affirm.
Filed Mar 17, 2021
View Opinion No. 20-0322
View Summary for Case No. 20-0322
Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge, and Cynthia Moisan and Becky Goettsch, District Associate Judges. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. Dissent by Ahlers, J. (13 pages)
Abraham Ramirez appeals the revocation of his deferred judgment and the imposition of judgment and sentence for extortion. OPINION HOLDS: Because defense counsel lacked access to the presentence investigation report before sentencing (in violation of the statutory notice requirement under Iowa Code 901.4 (2020)) and the court improperly relied on the report in its sentencing decision, we vacate the imposed sentence and remand for resentencing. DISSENT ASSERTS: Ramirez and his initial defense counsel obtained access to the one and only presentence investigation report (PSI) in this case over six months before the sentencing hearing at issue and were given the option to deny or refute information in the report, which they declined. The fact Ramirez had different counsel for the probation revocation proceeding did not somehow undo the fact Ramirez and his previous counsel had received the PSI, reviewed it, and approved it six months earlier. Under these circumstances, I cannot conclude there was a violation of section 901.4. Because Ramirez’s other challenges are without merit, I would affirm the district court.
Filed Mar 17, 2021
View Opinion No. 20-0352
View Summary for Case No. 20-0352
Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge. AFFIRMED. Heard by Bower, C.J., and Doyle and Mullins, JJ. Opinion by Mullins, J. (27 pages)
Carl Matherly appeals, and Mary Slezak (MaryBeth) cross-appeals, the district court’s rulings following a bench trial for claims related to the MEM Trust. OPINION HOLDS: Our review of the record reveals that MaryBeth’s claims flowing from her right as a beneficiary to the MEM Trust, an express trust created in 1977, are governed by the Iowa Trust Code and were properly tried to the bench. MaryBeth presented sufficient evidence supporting her requested use of offensive issue preclusion, leaving no remaining genuine issues of material fact. We concur with the district court’s partial summary judgment. Carl raised several issues related to his motions for summary judgment but failed to prove he was entitled to judgment as a matter of law. The trust declaration executed in 1977 specifically invoked the statutory precursors to both the prudent person standard and the Uniform Prudent Investor Act. Our de novo review confirms that Carl breached his duties in failing to diversify the investments. MaryBeth met her burden to prove a reasonable basis for her damages. We find nothing clearly untenable or unreasonable in the district court’s attorney-fee award to MaryBeth. Finding no supporting authority for the award of dissolution attorney fees or double and punitive damages, MaryBeth’s requests fail.
Filed Mar 17, 2021
View Opinion No. 20-0371
View Summary for Case No. 20-0371
Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by May, J. (10 pages)
Edna Wilson appeals following her convictions for interference with official acts and possession of cocaine, second offense. She claims the district court erred in denying her motion to suppress after the police illegally entered her home. OPINION HOLDS: Assuming without deciding police violated the Fourth Amendment by entering Wilson’s home and arresting her, she committed a new crime when she resisted arrest. Therefore, the exclusionary rule does not apply.
Filed Mar 17, 2021
View Opinion No. 20-0382
View Summary for Case No. 20-0382
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by May, J. (8 pages)
Tricia Dauterive appeals an award of child support. OPINION HOLDS: We find no grounds to disturb the district court’s child support calculation. We conclude error was not preserved as to Tricia’s argument that the district court failed to specify an effective date for the recalculated child support obligation. We decline to award appellate attorney fees. We tax costs to Tricia.
Filed Mar 17, 2021
View Opinion No. 20-0448
View Summary for Case No. 20-0448
Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Greer, J. (6 pages)
Robert Mrla appeals the district court ruling dismissing his claim of gross negligence against his coemployee, Kenny Johnson, brought under Iowa Code section 85.20 (2018). He claims the district court erred by finding there were insufficient facts to generate a jury question on gross negligence. OPINION HOLDS: We affirm the district court’s ruling granting Johnson’s motion for summary judgment, as Mrla failed to prove the elements of gross negligence.
Filed Mar 17, 2021
View Opinion No. 20-0502
View Summary for Case No. 20-0502
Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Vaitheswaran, P.J. (10 pages)
Yoosuf Moment seeks discretionary after the district court denied his motion to quash a general execution allowing the sheriff to collect jail fees. OPINION HOLDS: We reverse the order denying the motion to quash and remand for entry of an order returning the levied funds to Moment.
Filed Mar 17, 2021
View Opinion No. 20-0530
View Summary for Case No. 20-0530
Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Doyle, P.J. (5 pages)
Erich Riesenberg appeals the order dismissing his petition for writ of mandamus. OPINION HOLDS: When viewed in the light most favorable to Riesenberg, the evidence shows the City of Des Moines reasonably exercised its discretion to enforce a municipal ordinance and is entitled to judgment as a matter of law.
Filed Mar 17, 2021
View Opinion No. 20-0596
View Summary for Case No. 20-0596
Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge. CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (6 pages)
Sedrick Mixon appeals his conviction, sentence, and judgment for failure to comply, as an habitual offender. On appeal, Mixon asserts the district court lacked substantial evidence to convict him of failure to comply with sex offender registry requirements because the State failed to present any evidence regarding Mixon’s qualifying offense and duration of registration. Alternatively, if we find substantial evidence supports the conviction, Mixon challenges a defect in the sentencing order. OPINION HOLDS: Substantial evidence supports Mixon’s conviction. But, as both parties agree, the district court incorrectly imposed a fine based on the habitual-offender enhancement, creating an illegal sentence. Therefore, we affirm Mixon’s conviction, vacate the improper fine from his sentence, and remand for resentencing as to the fine only.
Filed Mar 17, 2021
View Opinion No. 20-0597
View Summary for Case No. 20-0597
Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (10 pages)
A father appeals the district court order placing legal custody and physical care of his minor child with the child’s mother. The father argues the district court erred by (1) failing to grant the parties joint legal custody; (2) failing to grant the parties joint physical care; and (3) failing to grant the father a right of first refusal to care for A.R. at times when the mother is unable to care for the child during the mother’s parenting time. The father further argues that, in the event we uphold the current legal custody and physical care arrangements, he should receive more visitation time with A.R. OPINION HOLDS: Like the district court, we conclude the father’s behavior throughout these proceedings demonstrates a history of domestic abuse sufficient to show joint legal custody is unworkable and not in the child’s best interests. Placing physical care with the mother is similarly in A.R.’s best interest. We find no reason to amend the visitation schedule. The district court did not err in failing to grant the father a right of first refusal. Due to the father’s meager ability to pay, we decline to order him to pay the mother’s attorney fees on appeal. However, costs of the appeal are assessed to the father. We affirm.