August 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (4 pages)

            Tyson Foods, Inc. appeals the district court’s reversal of the workers’ compensation commissioner’s decision affirming an arbitration decision by the deputy commissioner.  OPINION HOLDS: The commissioner’s determination was supported by substantial evidence. 

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (5 pages)

            Jazmond Turner appeals the denial of his postconviction-relief (PCR) action.  OPINION HOLDS: Following our de novo review, we agree with the PCR court’s conclusion that Turner failed to prove his ineffective-assistance-of-counsel claim

            Appeal from the Iowa District Court for Black Hawk County, Willliam Patrick Wegman, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (5 pages)

            Korey Edwards appeals his conviction for assault causing bodily injury, challenging sufficiency of the evidence to support the jury verdict.  OPINION HOLDS: Finding sufficient evidence in the record to support the verdict, we affirm the conviction.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea and Thomas Reidel, Judges.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            Brett Dennis Sr. appeals the sentences imposed arising from two different incidents.  He argues the State breached the plea agreement by arguing for consecutive sentences, the district court considered facts not admitted or proved, and the district court improperly considered the shooting victim’s request for consecutive sentences in the victim’s impact statement.  Dennis also raises claims of ineffective assistance of counsel and various constitutional challenges to Iowa Code section 814.7 (2019) and urges us to adopt the plain error doctrine.  OPINION HOLDS:  Because we may consider the merits of Dennis’s challenge to his sentences on direct appeal, we do not consider his claims of ineffective assistance of counsel or constitutional violations.  We find the state did not breach the plea agreement, the district court did not consider improper factors, and the victim’s impact statement was properly considered.  Thus, we affirm the sentences. 

            Appeal from the Iowa District Court for Polk County, Coleman J. McAllister, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (12 pages)

            Heidi Koll appeals an order dismissing her petition for declaratory judgment and granting summary judgment to Wells Fargo Bank on the enforceability of its mortgage lien following a bankruptcy discharge.  OPINION HOLDS: Because the governing federal principles provide a creditor’s mortgage lien survives a bankruptcy discharge and remains a valid lien on the debtor’s property, and the district court properly applied the law, we affirm the ruling.  

            Appeal from the Iowa District Court for Chickasaw County, Laura Parrish, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (7 pages)

            Tyler and Noelle Hansen appeal a summary judgment ruling quieting title to certain land.  OPINION HOLDS: Genuine issues of material fact preclude summary judgment.  We reverse and remand for trial. 

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Schumacher, J.  (10 pages)

            The parents of F.M.K. appeal the district court decision awarding attorney fees to Hayes Lorenzen Lawyers, P.L.C., which previously represented the parents in a medical malpractice action.  OPINION HOLDS: The district court did not abuse its discretion by concluding that Hayes Lorenzen did not terminate the contract.  The court did not abuse its discretion in determining the reasonable amount of attorney fees for the law firm’s representation.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Dallas County, Terry R. Rickers, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (4 pages)

            Eliazar Montoya Gama appeals the district court’s adoption of the parties’ joint sentencing recommendation.  OPINION HOLDS: The district court properly considered the required sentencing factors.

            Appeal from the Iowa District Court for Crawford County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            Zachary Vennink challenges his guilty plea to second degree theft, arguing it was unsupported by a factual basis because the evidence does not show he intended to permanently deprive the owner of their property.  OPINION HOLDS: Because Vennink’s written plea did not adequately inform of his rights regarding a motion in arrest of judgment, we find Vennink has good cause to appeal.  But his claim fails on the merits because the plea was supported by a factual basis.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (10 pages)

            A mother appeals the termination of her parental rights to her child, born in 2020, pursuant to Iowa Code section 232.116(1)(g) and (h) (2020).  She argues the juvenile court erred in not placing the child with relatives instead of in foster care, challenges the sufficiency of the evidence supporting the grounds for termination, asserts termination was contrary to the child’s best interests, requests application of the permissive exception to termination contained in section 232.116(3)(c) based on the closeness of the parent-child bond, and asks for an additional six months to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Danielle Richards appeals the denial of her petition to modify a 2015 dissolution decree that awarded her ex-husband, Rocky Miller, physical care of their child, J.M.  Danielle argues the district court (1) should have granted her her physical care of J.M., and (2) erred in calculating her child-support obligation because it wrongly imputed additional income to her.  She also asks for appellate attorney fees.  OPINION HOLDS: We conclude Danielle proved a substantial change in circumstances since the entry of the original decree and a superior ability to minister to the needs of the child.  Therefore, we modify the decree to award Danielle physical care of J.M.  We remand for the recalculation of child support and a determination of the allocation of the tax exemption based on this change.  We decline to award Danielle appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Mullins and Schumacher, JJ.  Opinion by Bower, C.J.  (10 pages)

            A mother appeals the termination of her parental rights, challenging the grounds for termination and asserting termination of her rights was not in the children’s best interests.  OPINION HOLDS: There is clear and convincing evidence the children could not be returned to the mother’s custody at the time of termination hearing and, therefore, grounds for termination exist.  Termination of the mother’s parental rights and adoption is in the children’s best interests.