Filed Oct 06, 2021
View Opinion No. 20-1202
View Summary for Case No. 20-1202
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Ahlers, JJ. Opinion by Bower, C.J. (9 pages)
Zachary Tew appeals the denial of his claim for worker’s compensation benefits from Sparboe Farms, Inc. and Nationwide Agribusiness Insurance Co. OPINION HOLDS: Because the commissioner’s application of law to fact was not irrational, illogical, or wholly unjustifiable and substantial evidence supports the commissioner’s final decision, we affirm.
Filed Oct 06, 2021
View Opinion No. 20-1242
View Summary for Case No. 20-1242
Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. Considered by Mullins, P.J., and May and Ahlers, JJ. Opinion by May, J. (10 pages)
Robert McKee appeals an order modifying the decree dissolving his marriage to Mandy McKee. OPINION HOLDS: Mandy did not meet her substantial burden for a modification of child custody. The district court did not err in denying Robert’s application for contempt or determining Robert’s gross income. But we remand to recalculate Robert’s child support obligation.
Filed Oct 06, 2021
View Opinion No. 20-1279
View Summary for Case No. 20-1279
Appeal from the Iowa District Court for Wapello County, Myron L. Gookin, Judge. AFFIRMED. Heard by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. (11 pages)
Michelle Alm and D’An Sasseen, beneficiaries of the Estate of Keith Sasseen, appeal the order overruling their objections to the inventory and final report of its executor, Barbara Sasseen. Relying upon a premarital agreement between Keith and Barbara, they contest Barbara’s claim of survivorship rights with regard to two joint bank accounts. OPINION HOLDS: Because Michelle and D’An failed to show substantial extrinsic evidence to rebut the presumption in favor of finding the accounts are held in joint tenancy with right of survivorship, we affirm.
Filed Oct 06, 2021
View Opinion No. 20-1301
View Summary for Case No. 20-1301
Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge. AFFIRMED. Heard by Mullins, P.J., and May and Ahlers, JJ. Opinion by May, J. (9 pages)
Adam Melchert appeals from his conviction for operating while intoxicated. He argues he did not voluntarily refuse chemical testing because he was not informed his refusal would prohibit him from requesting a deferred judgment if convicted. He also argues Iowa Code section 907.3(1)(a)(6)(d) (2019) violates his state and federal constitutional rights to equal protection. OPINION HOLDS: Police were not required to inform Melchert that he would not be able to request a deferred judgment if he chose to refuse testing. With respect to Melchert’s equal protection challenge to section 907.3(1)(a)(6)(d), those who consent to testing and those who refuse testing are not similarly situated. So the challenge fails.
Filed Oct 06, 2021
View Opinion No. 20-1320
View Summary for Case No. 20-1320
Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (7 pages)
Cindy Davis appeals the order dismissing a petition for relief from elder abuse filed on her behalf by a substitute petitioner. OPINION HOLDS: I. Because Cindy is the party in interest and participated in the proceedings below, we deny the motion to dismiss for lack of jurisdiction. II. Cindy does not meet the definition of a “vulnerable elder” under Iowa Code chapter 235F (2020). Because the petition does not show a right of recovery under any state of facts, we affirm its dismissal.
Filed Oct 06, 2021
View Opinion No. 20-1375
View Summary for Case No. 20-1375
Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge. AFFIRMED. Heard by Tabor, P.J., and Greer, and Badding, JJ. Opinion by Tabor, P.J. (19 pages)
D.S. appeals the imposition of a protective order for relief from sexual abuse under Iowa Code chapter 236A (2020). The fourteen-year-old protected person did not testify at the hearing. So D.S. argues the evidence provided by the protected person’s mother and a nurse practitioner was hearsay and improper vouching. D.S. also argues the court admitted a photograph of a Snapchat message without proper foundation. And he argues there was not enough evidence to justify the protective order. OPINION HOLDS: We find the court did not err or abuse its discretion in its evidentiary rulings. And we agree there is substantial evidence to support the court’s conclusion a protective order was warranted. So we affirm.
Filed Oct 06, 2021
View Opinion No. 20-1380
View Summary for Case No. 20-1380
Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Badding, JJ. Opinion by Badding, J. (6 pages)
Kenneth Azure appeals his conviction for second-degree theft. OPINION HOLDS: I. Substantial evidence shows Azure knew the vehicle he was found in possession of after a high-speed chase was stolen. II. We are unable to consider Azure’s ineffective-assistance claim because he appealed after the statutory amendment eliminating a defendant’s ability to pursue ineffective-assistance claims on direct appeal took effect. III. We reject his invitation to adopt the plain error rule.
Filed Oct 06, 2021
View Opinion No. 20-1383
View Summary for Case No. 20-1383
Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge. AFFIRMED. Considered by Tabor, P.J., Greer, J., and Doyle, S.J. Opinion by Tabor, P.J. (6 pages)
Kelvin Rummels appeals the decree dissolving his marriage to Belita. He challenges the award of spousal support and attorney fees arguing he is unable to pay those amounts. OPINION HOLDS: Recognizing the district court is in the best position to balance the needs of the divorcing spouses, we find the calculations were fair to both parties. We affirm.
Filed Oct 06, 2021
View Opinion No. 20-1427
View Summary for Case No. 20-1427
Appeal from the Iowa District Court for Johnson County, Kevin Mckeever, Judge. AFFIRMED. Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ. Opinion by Greer, J. (9 pages)
Gerhard Austin Luebbers (Austin) appeals from a protective order following a finding of domestic abuse assault against his wife, Rebekka. Austin argues the district court was wrong to believe Rebekka’s version of events and that she failed to prove the specific intent necessary for assault. OPINION HOLDS: We place weight on the lower court’s credibility findings. Rebekka’s version of events amounts to assault. However, Austin’s telling would also allow for a finding of assault. We affirm the district court’s findings and the resulting protective order.
Filed Oct 06, 2021
View Opinion No. 20-1501
View Summary for Case No. 20-1501
Appeal from the Iowa District Court for Butler County, Chris Foy, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (13 pages)
In the midst of a dissolution, the husband appeals from a temporary support order that used his averaged income to calculate his child-support obligation, deviated from the child support guidelines, did not credit him with a health-insurance deduction, and gave him responsibility for all health insurance and uncovered medical expenses of his minor child, adult child, and wife. OPINION HOLDS: The husband’s income determination was equitable, but the deviation from the child support guidelines was inappropriate and should be corrected on remand. He shall maintain health insurance for his wife and minor child and any uncovered medical expenses for either should be paid out of the health savings account. When that account runs out of funds, the first $250 should be paid by the mother and then the child’s expenses should be split proportionately by the parents’ incomes. The wife should cover her own additional expenses. The husband is not responsible for the insurance and uncovered medical expenses of his adult child.
Filed Oct 06, 2021
View Opinion No. 20-1503
View Summary for Case No. 20-1503
Appeal from the Iowa District Court for Lee (South) County, John M. Wright, Judge. REVERSED AND REMANDED. Considered by Tabor P.J., Greer, J., and Doyle, S.J. Opinion by Tabor, P.J. (11 pages)
Jaymes Anthony Stark challenges his conviction of third-degree burglary as a habitual offender. On appeal, Stark argues that his incriminatory statements should have been suppressed. OPINION HOLDS: When Stark made his statements, he was subjected to custodial interrogation by Keokuk police. His suppression motion was wrongfully denied. So we reverse and remand for a new trial.
Filed Oct 06, 2021
View Opinion No. 20-1659
View Summary for Case No. 20-1659
Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Ahlers, JJ. Opinion by Ahlers, J. (5 pages)
Bradley Cornelsen appeals from the decree on his petition to modify physical care and visitation of his children with Melissa Cornelsen. OPINION HOLDS: The parties reached a settlement during trial. Finding the amended decree simply approves and memorializes the parties’ agreement, we affirm the district court.