2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Christopher Kemp and Carol L. Coppola, District Associate Judges.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Greer, and Schumacher, JJ.  Opinion by Tabor, P.J.  Dissent by Greer, J.  (21 pages)

            James Dow Flanagan was pulled over because his passenger was not wearing her seat belt.  As the trooper processed the seat belt violation, he launched a collateral operating-while-intoxicated investigation into Flanagan.  On appeal, Flanagan seeks to suppress the fruits of the stop, arguing that the state trooper improperly expanded the stop’s duration and scope.  OPINION HOLDS: The trooper unlawfully extended the stop’s duration by placing Flanagan in his patrol car and investigating collateral matters despite lacking reasonable suspicion.  So we reverse the conviction and remand.  DISSENT ASSERTS: I dissent from the majority's conclusion that the traffic stop was extended without sufficient cause and would affirm the denial of the motion to suppress.  In my view, this case falls into a category where a traffic-violation stop leads to the officer recognizing a strong possibility of other criminal activity justifying further investigation.  I find nothing wrong with asking Flanagan to move to the patrol car and the investigation into his impairment that followed. 

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (3 pages)

            John Gipson appeals the summary dismissal of his fifth application for postconviction relief (PCR).  OPINION HOLDS: Because Gipson does not identify which of his claims should have survived summary dismissal, and we decline to take on a partisan role of sifting through his claims to develop an argument, we affirm the summary dismissal.  The PCR court did not abuse its discretion in declining to appoint Gipson counsel.

            Appeal from the Iowa District Court for Boone County, Gina C. Badding, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Badding, J. takes no part.  Opinion by Schumacher, J.  (8 pages).

            Rickey Tolle appeals the partition plan adopted by the district court.  Robert Tolle cross-appeals, contending the court erred in conditioning owelty payments on the removal of a junk pile.  Robert also argues the court erred in its division of costs and refusing to award him attorney fees.  OPINION HOLDS: We find the court did not err in its partition of the property, the award of payments for removal of the junk pile, the division of costs, or declination of attorney fees.  Accordingly, we affirm.  

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            Jeffrey Juergens appeals his convictions of lascivious acts with a child by solicitation and indecent exposure.  He argues the district court erred by admitting hearsay evidence.  OPINION HOLDS: The child protective center video was properly admitted under the residual exception to the hearsay rule.  The parents’ testimony of the child’s out-of-court statements was cumulative of other admitted testimony.  And a pediatrician’s testimony to the child’s out-of-court statements was properly admitted under the medical-treatment rule.

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (5 pages)

            Robert Davis appeals from the summary dismissal of his third application for postconviction relief (PCR) following his 2008 convictions of two counts of second-degree sexual abuse and four counts of third-degree sexual abuse.  On appeal, Davis argues summary dismissal of his third PCR application was not appropriate because he needed trial to develop his Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018) claims.  In the alternative, Davis argues the district court should have considered the merits of his claims because the three-year statute of limitations on PCR actions is an unconstitutional suspension of habeas corpus.  OPINION HOLDS: We have repeatedly held third PCR applications do not fall within the narrow exception outlined in Allison and binding supreme court precedent establishes the three-year statute of limitations is not an unconstitutional suspension of habeas corpus.  We affirm.

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., Badding, J, and Doyle, S.J.  Opinion by Badding, J. (11 pages)          

            The defendant appeals the district court’s denial of his motion to discharge his probation ten years after the period of probation expired.  OPINION HOLDS: Because we find the district court failed to exercise its discretion in summarily denying the motion, we reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Laforest Bennett argues that at the critical time, his counsel failed to challenge the district court’s finding of competency and the acceptance of his guilty pleas.  He raises this issue in a postconviction-relief (PCR) format.  On appeal from the denial of his PCR application, he argues the district court failed to make findings regarding if he was restored to competency.  And Bennett urges that his trial counsel should have raised the issue in any event because he was not competent to plead guilty.  OPINION HOLDS: Because of the competency determination made shortly before the plea proceeding, we find Bennett’s trial counsel was not ineffective for failing to challenge the plea or raise issues of Bennett’s competency.

            Appeal from the Iowa District Court for Benton County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Frances Kozik and Virgil Kozik (the Koziks) appeal the district court decision dismissing their appeal of a compensation commission’s award due to untimely service of the notice of appeal on the Iowa Department of Transportation.  OPINION HOLDS: The Koziks have not shown good cause for the delay in proper service.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Timothy and Judith Jackson appeal the district court order granting summary judgment to Fye Excavating, Inc. on its defense of res judicata.  OPINION HOLDS: Because the Jacksons are not entitled to a “second bite” at litigation on their claims related to the loss of trees on their property, we affirm the grant of summary judgment.  

            Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            Lyle and Helen Dumont appeal the district court’s grant of summary judgment for the defendants.  They allege the court failed to appropriately weigh the evidence in their favor as the non-moving party.  OPINION HOLDS: We find there is inadequate evidence in the record to support generate a prima facie case for negligence.  Summary judgment was appropriate.  We affirm the district court.  

            Appeal from the Iowa District Court for Polk County, David Porter, Judge. REVERSED AND REMANDED.  Considered by Bower, C.J. and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (14 pages)

            The co-administrators of the estate of Linda Berry appeal the grant of summary judgment in favor of the defendants.  The defendants assert the action is time-barred by the statute of repose.  OPINION HOLDS: This appeal is timely because Linda’s estate filed a timely notice of appeal following the ruling on the Iowa Rule of Civil Procedure 1.904(2) motion.  Because we find a genuine issue of material fact over whether Linda’s estate’s claim of fraudulent concealment defeats the defendants’ statute-of-repose defense, we reverse the district court’s grant of summary judgment and remand for further proceedings.

            Appeal from the Iowa District Court for Grundy County, David P. Odekirk, Judge.  AFFIRMED AND REMANDED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (22 pages)

            Greg and Lisa Melcher appeal a district court order in favor of Cooley Pumping, LLC, related to the design and installation of their septic system.  The Melchers raised several issues on appeal including arguments that the district court applied incorrect legal standards, newly discovered evidence should have led to a new trial, and the district court made multiple errors in awarding attorney fees and costs.  OPINION HOLDS: On our review of the record, we find the district court applied the correct standard of compliance to the contractual issues presented and substantial evidence was presented to support the conclusion that Cooley Pumping substantially performed the terms of the contract.  Cooley Pumping’s substantial performance was appropriately considered as a defense to the Melchers’ counterclaims.  Furthermore, we agree with the district court’s denial of motions for new trial because there was no newly discovered evidence that existed at the time of trial to support a motion, no prejudice resulted from the late designation of an expert witness, and substantial justice was done between the parties.  Finally, we find no abuse of discretion in the district court’s calculation or award of attorney fees or costs.  We remand for a determination of appellate attorney fees.