September 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Floyd County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by May, J.  (7 pages)

            Armando Adame appeals his conviction for first-degree murder and felony possession of a firearm.  OPINION HOLDS: The district court did not abuse its discretion in admitting testimony from a witness who saw Adame point the alleged murder weapon at the victim before the victim was murdered. 

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (3 pages)

            Jacob Jimenez appeals the district court’s application of juvenile sentencing factors, contending the district court abused its discretion in applying the factors applicable to the mandatory minimum sentence on the robbery count.  OPINION HOLDS: We discern no abuse of discretion in the court’s application of the juvenile sentencing factors, and we affirm.   

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (8 pages)

            William Reinsbach appeals from a district court judgment entered pursuant to Iowa Code section 86.42 (2019) to enforce a decision of the Iowa Workers’ Compensation Commissioner.  Reinsbach contends the district court went beyond construing the commissioner’s ruling and improperly modified the ruling.  OPINION HOLDS: Finding no error of law, we affirm.

            Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Benjamin Varela appeals the district court’s denial of his petition for a writ of certiorari seeking a pre-termination hearing under Iowa Code section 35C.1(1) (2019).  OPINION HOLDS: We affirm the district court’s denial of Varela’s petition for writ of certiorari. 

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (4 pages)

            Borrowers Donald and Aimee Rosenbaum appeal the dismissal of motions to set aside judgments for their lender, Kerndt Brothers Savings Bank.  The district court found the Rosenbaums’ motion to set aside summary judgment was untimely.  In support of their appeal, the Rosenbaums seek a novel reading of Iowa Rules of Civil Procedure 1.1012 and 1.1013.  Additionally, the Rosenbaums collaterally attack orders entered by the district court.  They argue that the court lacked jurisdiction while the case was on appeal.  OPINION HOLDS: The Rosenbaums’ attempt to vacate a summary judgment was untimely.  And the district court retained jurisdiction to decide collateral matters in subsequent orders.  Because these issues are dispositive, we do not reach any remaining claims.  We affirm.

            Appeal from the Iowa District Court for Taylor County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Charles Hall appeals the district court’s denial of his postconviction-relief application.  OPINION HOLDS: He alleges his counsel was ineffective for failing to request a change of venue and failing to file post-trial motions.  Hall has failed to establish he received ineffective assistance of counsel.  Consequently, we affirm. 

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (4 pages)

            Davin Griffin appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Griffin has not established a new ground of fact or law to bypass the statute of limitations in Iowa Code section 822.3 (2015). 

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Steven Mueggenberg appeals the district court’s issuance of a final domestic abuse protective order against him.  OPINION HOLDS: On our de novo review, we conclude Sara Duncan failed to establish that Mueggenberg committed domestic abuse assault.  We reverse and remand for dismissal of the protective order.

            Appeal from the Iowa District Court for Polk County, Sarah Crane and David Nelmark, Judges.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Erich Riesenberg filed a four-count petition alleging the city council of Des Moines and city manager Scott Sanders (collectively “City”) violated Iowa law when the City entered into a contract with a private company.  OPINION HOLDS: We find no error in converting the action to a proceeding for declaratory judgment, dismissing one count for failure to state a claim and two more counts for lack of standing, and granting summary judgment in favor of the City on the remaining count.

            Appeal from the Iowa District Court for Sac County, Gina C. Badding, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Scott, S.J.  Opinion by May, J.  (4 pages)

            Britta Sadler appeals a district court order denying her petition to set aside William Bauer’s paternity of M.M.B.  OPINION HOLDS: We conclude Britta has not shown reversible error. 

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Cheri Blake appeals the district court’s decision to uphold the workers’ compensation commissioner’s denial of her request for Second Injury Fund benefits.  OPINION HOLDS: Because Blake does not suffer from a first qualifying injury, she is not entitled to benefits from the Second Injury Fund, and we affirm.

            Appeal from the Iowa District Court for Winnebago County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            A former spouse appeals the property division provisions of the decree dissolving her marriage.  She argues the trial court erred in the division of the marital property on the following three grounds: (1) in failing to consider the appropriate economic contributions of each spouse, (2) in failing to consider her former husband’s dissipation of marital assets, and (3) in failing to consider the limitation of assets imposed by Medicaid provisions.  OPINION HOLDS: On our de novo review, we affirm.