Filed Jun 30, 2021
View Opinion No. 20-0868
View Summary for Case No. 20-0868
Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge. AFFIRMED. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (8 pages)
Cynthia Mahoney appeals the district court ruling affirming the workers’ compensation commissioner’s decision denying her petition seeking workers’ compensation benefits. OPINION HOLDS: The commissioner properly determined the weight to be given to an expert medical opinion. The commissioner’s factual findings were supported by substantial evidence. The commissioner’s application of the law to the facts was not irrational, illogical, or wholly unjustifiable. We affirm the district court’s decision that affirmed the ruling of the workers’ compensation commissioner denying Mahoney’s claim of a cumulative injury to her right arm and wrist.
Filed Jun 30, 2021
View Opinion No. 20-0906
View Summary for Case No. 20-0906
Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge. APPEAL DISMISSED. Considered by Bower, C.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (6 pages)
Justin Sulzner appeals district court orders filed in his temporary involuntary conservatorship. OPINION HOLDS: Because Justin’s appellate claims challenge aspects of a conservatorship that has since been terminated, we dismiss the appeal as moot.
Filed Jun 30, 2021
View Opinion No. 20-0965
View Summary for Case No. 20-0965
Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge. AFFIRMED. Considered by Doyle, P.J., Schumacher, J., and Scott, S.J. Opinion by Scott, S.J. (8 pages)
Samantha Wilson appeals the sentences imposed, following guilty pleas, upon her convictions of intimidation with a dangerous weapon and going armed with intent. She argues the court abused its sentencing discretion by employing a fixed sentencing policy, relying only on the nature of the offenses, and relying on unproven facts and uncharged conduct. She also argues implicit racial bias had an impact on the sentences imposed. OPINION HOLDS: Finding no cause for reversal on the issues presented for our review, we affirm the sentences imposed.
Filed Jun 30, 2021
View Opinion No. 20-1053
View Summary for Case No. 20-1053
Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge. AFFIRMED. Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ. Opinion by Greer, J. (5 pages)
Jon Carpenter appeals his sentences following his guilty pleas to possession of a controlled substance with intent to deliver (methamphetamine) and failure to affix a tax stamp. Carpenter claims that despite declining to speak when the court initially gave him the opportunity, he was denied the right to “meaningful allocution” before his sentence was pronounced because he was denied the opportunity to explain the information in his presentence investigation report later on in the proceeding. OPINION HOLDS: Because Carpenter was not denied his right to meaningful allocution at sentencing, we find the district court did not abuse its discretion and affirm.
Filed Jun 30, 2021
View Opinion No. 20-1141
View Summary for Case No. 20-1141
Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and May, JJ. Opinion by Doyle, P.J. (6 pages)
Chavesz Heck appeals the sentences imposed after he pled guilty to three charges. OPINION HOLDS: Because the sentencing court did not abuse his its discretion in sentencing Heck to terms of incarceration, we affirm.
Filed Jun 30, 2021
View Opinion No. 20-1143
View Summary for Case No. 20-1143
Appeal from the Iowa District Court for Monona County, Jeffrey L. Poulson, Judge. REVERSED AND REMANDED FOR RESENTENCING. Considered by Bower, C.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (7 pages)
Brenna Shafer appeals her indeterminate five-year prison sentence. OPINION HOLDS: Because the district court improperly relied on speculation that the wait time for a residential treatment facility would surpass the time Shafer would spend in prison when imposing her term, we reverse the sentence and remand for resentencing.
Filed Jun 30, 2021
View Opinion No. 20-1145
View Summary for Case No. 20-1145
Appeal from the Iowa District Court for Clayton County, Alan Heavens, Judge. AFFIRMED AS MODIFIED AND REMANDED FOR FURTHER PROCEEDINGS. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (13 pages)
Melissa Bickerton appeals the dissolution decree dissolving her marriage to Brian Bickerton. She contends the district court wrongly gave Brian physical care of the parties’ four minor children. OPINION HOLDS: We reverse the physical-care determination and award Melissa physical care with reasonable and liberal visitation in Brian. We remand for a determination of child support given this change in custodial status.
Filed Jun 30, 2021
View Opinion No. 20-1302
View Summary for Case No. 20-1302
Appeal from the Iowa District Court for Fremont County, Margaret Reyes, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (7 pages)
Bill Richards, father to a minor child, appeals the denial of his request to modify the physical care provisions of a custody decree, and requests an award of appellate attorney fees. Bill argues he should receive physical care of the child because he offers superior parenting abilities than the mother, Angela Hullman. OPINION HOLDS: On our review, we note the State of Missouri entered a custody order involving this child in 2009. We sua sponte consider whether the mandatory jurisdictional prerequisites of the Uniform Child-Custody Jurisdiction and Enforcement Act were met. Finding they were not, we conclude the district court lacked jurisdiction to decide the merits of Angela’s modification action. Therefore, we reverse and remand to the district court to dismiss the Iowa action until it determines whether Missouri declines jurisdiction.
Filed Jun 30, 2021
View Opinion No. 20-1349
View Summary for Case No. 20-1349
Appeal from the Iowa District Court for Fremont County, Michael D. Hooper, Judge. AFFIRMED. Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ. Opinion by Schumacher, J. (6 pages)
Austin Haler appeals from the imposition of a prison term following conviction for possession of methamphetamine with intent to deliver. Haler argues the district court abused its discretion in imposing incarceration rather than an alternative rehabilitative option. OPINION HOLDS: Finding no abuse of discretion by the district court, we affirm.
Filed Jun 30, 2021
View Opinion No. 20-1368
View Summary for Case No. 20-1368
Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and May, JJ. Opinion by Doyle, P.J. (7 pages)
Matthew Chindlund appeals his convictions following his guilty pleas to assault while displaying a dangerous weapon and criminal mischief in the third degree. Chindlund argues his pleas were not voluntary and intelligently provided given his mental incapacity. OPINION HOLDS: Having failed to establish he was incompetent at the time of his pleas or make a showing that a reasonable person would believe that there is a substantial question of his competency, we affirm Chindlund’s convictions and sentences.
Filed Jun 30, 2021
View Opinion No. 20-1403
View Summary for Case No. 20-1403
Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (6 pages)
Michael Phelps appeals his indeterminate forty-four-year prison term for sexual exploitation of minors. OPINION HOLDS: Because the district court permissibly weighed the serious nature of the offenses with all other relevant sentencing factors, we find no abuse of discretion in the sentencing decision. Thus, we affirm the sentence.
Filed Jun 30, 2021
View Opinion No. 20-1424
View Summary for Case No. 20-1424
Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (11 pages)
A mother appeals the district court order modifying the physical care arrangement of the parties’ children to grant physical care to the father. OPINION HOLDS: We affirm the district court’s modification of the physical care arrangement. On our de novo review, we conclude there was a material and substantial change in circumstances to support the modification. We conclude the change is permanent and that the district court did not rely on incorrect facts in making its determination.