September 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  REVERSED AND REMANDED FOR ENTRY OF JUDGMENT OF ACQUITTAL.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by Doyle, S.J.  Dissent by May, J.  (12 pages)

            Gary Wood Jr. appeals his conviction of suborning perjury under Iowa Code section 720.3 (2019).  Among other things, he claims there was insufficient evidence to convict him.  OPINION HOLDS:  After a close review of the record we find insufficient evidence to support a guilty verdict because the record does not reveal substantial evidence to support a finding Wood offered an inducement to M.M. to conceal material facts known to her.  DISSENT ASSERTS: When the evidence is viewed in the light most favorable to the verdict, there is substantial evidence to prove Gary Wood Jr. offered M.M. an inducement to not testify. 

            Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Greer, J.  (7 pages)

Ernesto Guerra Pascual appeals his sentences following his Alford plea.  He argues the district court violated his Fifth Amendment privilege against self-incrimination under the United States Constitution and article I, section 9 of the Iowa Constitution because it considered his lack of remorse as a sentencing factor.  Pascual recognizes our supreme court held that a defendant’s lack of remorse is a pertinent sentencing factor but asks us to overturn that holding, asserting it is at odds the court’s reasoning in Schmidt v. State, 909 N.W.2d 778, 787–790 (Iowa 2018).  Pascual also asserts the district court erred by considering facts he claims were either not in the record or were unproven.  OPINION HOLDS: Because Pascual’s constitutional claims lack merit and we find no abuse of discretion, we affirm the sentences imposed by the district court.

            Appeal from the Iowa District Court for Story County, Amy Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Per curiam.  (8 pages)

            Chad Brewbaker appeals from the dismissal of his third application for postconviction relief after he was convicted of harassment in the third degree in 2009, a simple misdemeanor.  OPINION HOLDS: We affirm the dismissal of the application as untimely.

            Appeal from the Iowa District Court for Monona County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Lee Clemon appeals the district court ruling on summary judgment awarding a monetary judgment plus interest to NEW Cooperative, Inc.  OPINION HOLDS: We find no error in the district court’s application of law and affirm.

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (10 pages)

            Phillip Greer appeals the district court’s order dismissing Greer’s breach-of-contract action against the defendants for lack of personal jurisdiction, arguing (1) “the District Court erred in determining that the ‘Letter of Intent’ was not a valid contract”; (2) “the District Court erred in [d]etermining that the Plaintiffs had not incurred any damages and thus had no standing to file suit”; and (3) “the District Court erred in not applying the ‘Calder Test’ in determining whether the Defendants are subject to specific jurisdiction in the state of Iowa.”  OPINION HOLDS: We affirm the dismissal of the Smiths in their individual capacities.  We reverse the dismissal of Tailor Maid Services, LLC and the Smiths in their representative capacities and remand for further proceedings.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J. (8 pages)

            Brian Taylor appeals his convictions for sexual abuse in the second degree and child endangerment.  OPINION HOLDS: There is sufficient evidence to support the jury’s finding Taylor performed a sex act on the oldest child before her twelfth birthday and he created a substantial risk to the health and safety of all six children.  Therefore, we affirm his convictions.

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

            Freddie Helai appeals the sentence imposed following a plea of guilty to lascivious acts with a child.  Helai contends the district court did not adequately explain the reasons for ordering the imposed sentence.  OPINION HOLDS:  We find the district court provided an adequate statement of appropriate considerations for the sentence.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by Mullins, P.J.  (15 pages)

            Karla Kern appeals the district court order affirming the Workers’ Compensation Commissioner’s award of workers’ compensation benefits.  She argues the Commissioner erred in failing to order reimbursement of an independent medical evaluation (IME), improperly converting impairment ratings to disability percentages, and failing to award penalties.  OPINION HOLDS: On our review of the record and applicable legal standards, we affirm the deputy’s decisions on the impairment rating calculation and penalties.  But, because we find Dr. Paulson’s determination that Kern’s injuries were not caused by her employment was tantamount to a zero percent impairment rating, we reverse in part and remand to the district court for an order reversing in part and remanding to the commissioner for a reconsideration of Kern’s application for IME fees.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Melvin Martin Jr. appeals following his convictions for two drug offenses.  OPINION HOLDS: We find the district court did not abuse its discretion in relieving the State of its sentencing-recommendation obligation under the plea agreement and affirm.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J. (6 pages)

            Anthony Willis Soteco challenges the sufficiency of the evidence supporting his conviction for domestic abuse assault.  OPINION HOLDS: Testimony from the complaining witness and other disinterested parties provides substantial evidence to support finding that Soteco had the specific intent to engage in assaultive conduct.  As this is the only issue Soteco raises on appeal, we affirm the district court’s finding of guilt and the corresponding adjudication and sentence.

            Appeal from the Iowa District Court for Monona County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Glenn Allen Igou appeals from the sentences imposed following his guilty pleas.  OPINION HOLDS: The district court did not abuse its discretion by not following the recommendation in the presentence investigation.  Also, there being no evidence, let alone clear evidence, that the district court considered the factors to which Igou objects, we find no abuse of the district court’s discretion in choosing the sentences imposed.

            Appeal from the Iowa District Court for Clayton County, Alan T. Heavens, Judge.  WRIT ANNULLED; AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (13 pages)

            The district court modified the spousal-support provision of Kenneth and Jerrilyn Crane’s dissolution decree by terminating Kenneth’s obligation to pay Jerrrilyn spousal support.  Both parties appeal.  Kenneth argues the court should have made the termination retroactive to the date of his filing for modification, while Jerrilyn argues Kenneth failed to prove a substantial change in circumstances so the obligation should not have been changed.  Additionally, on writ of certiorari, Kenneth challenges the district court’s finding him in contempt.  Each party requests appellate attorney fees.  OPINION HOLDS: We annul the writ and affirm the district court ruling as to all issues appealed.  We decline the invitation to award appellate attorney fees.