2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May  Opinion by Mullins, J.  (7 pages)

            Antonio Hudson appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm the denial of Hudson’s application.

            Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge.  AFFIRMED ON APPEAL. REVERSED ON CROSS-APPEAL.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Myrle Atwood-Noel seeks reversal of the district court’s order enforcing a prenuptial agreement that prohibits her from taking the spousal election against the decedent’s will.  The decedent’s estate cross-appeals, seeking reversal of the district court’s order permitting Myrle to recover certain expenses from the estate under a theory of unjust enrichment.  OPINION HOLDS: We agree with the district court that the prenuptial agreement is enforceable and Myrle cannot claim the spousal election against the will.  However, we find no unjust enrichment in Myrle paying the expenses she attributes to the decedent and arising during their marriage.  Therefore, we affirm the order precluding Myrle from claiming the elective spousal share against the will, and we reverse the award of expenses to Myrle under a theory of unjust enrichment.

Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

John Berwanger was convicted of second-degree sexual abuse.  He appeals the conviction, citing several issues.  First, he maintains there was insufficient evidence to support the conviction.  Next, he raises errors in the submission of a jury instruction defining “sex acts.”  Berwanger also asserts the district court erred by allowing the State to amend the trial information after both parties rested.  And as a final issue, he raises ineffective assistance of counsel.  OPINION HOLDS: We affirm his conviction and preserve his ineffective-assistance-of-counsel claim.

            Appeal from the Iowa District Court for Ringgold County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            Timothy Newton appeals his convictions for operating while intoxicated, second offense, and driving while barred.  OPINION HOLDS: We find no prejudicial error in the court’s waiver of a presentence substance-abuse evaluation where the evaluation was ordered and the defendant was uncooperative.  Nor did the district court abuse its discretion in denying the request for an updated presentence investigation report because Newton had the opportunity at sentencing to present any additions or corrections to the previously-submitted report.

            Appeal from the Iowa District Court for Winnebago County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (6 pages)

            Rusty Rogers appeals from the sentences imposed following his guilty pleas.  He alleges the prosecutor breached the plea agreement.  OPINION HOLDS: Finding Rogers failed to establish a breach of the plea agreement, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (7 pages)

            Martin Castellanos appeals the district court summary judgment ruling dismissing his applications for postconviction relief.  OPINION HOLDS: Because he did not establish a fact issue as to his mental competency at the time of the plea hearing, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Appellants appeal the district court’s ruling for plaintiffs in a mortgage foreclosure action.  OPINION HOLDS: We conclude the court did not abuse its discretion in denying Frank Welte’s motion for a continuance.  We also conclude the district court properly applied the dragnet clause and determined the proper amount owed by the appellants.  In respect to the evidentiary issues, the parties agree this is an action in equity and although the district court ruled on objections during the bench trial, the rulings on objections do not merit a new trial.  Accordingly, we affirm but remand for any further proceedings related to the foreclosure action.

            Appeal from the Iowa District Court for Clay County, David A. Lester, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (16 pages)

Landowners David Wyatt and Robert Swan appeal the summary judgment ruling dismissing their petition to reverse the Clay County Board of Supervisors’ action to improve Clay County Drainage District 378.  OPINION HOLDS: We affirm the summary judgment ruling finding the remonstrance failed but reverse the ruling as to all other claims urged by the landowners for further development.

            Appeal from the Iowa District Court for Jackson County, Patrick McElyea, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (17 pages)

            Plaintiffs appeal the district court decision granting summary judgment to Healthcare of Iowa, Inc., denying its request for certain jury instructions, and granting judgment notwithstanding the verdict to eliminate punitive damages in the judgment against Riverview Development Corp., doing business as Mill Valley Care Center.  OPINION HOLDS: We affirm the district court’s decision on all of the issues raised by plaintiffs on appeal.

            Appeal from the Iowa District Court for Van Buren County, Shawn Showers, Judge.  ORDER AFFIRMED; REMANDED FOR ADDITIONAL FINDINGS.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (12 pages)

            Craig Lydolph appeals an order granting Diann Lydolph’s request to modify the physical-care and child-support provisions in the divorce decree.  He argues the district court erred in finding a substantial change in circumstances warranted modification and awarding physical care of their three children to Diann.  OPINION HOLDS: Because Diann’s move to Missouri constitutes a substantial change in circumstances not contemplated when the decree was entered and she has been the children’s primary caregiver ever since, we affirm the award of physical care to Diann.  Further, we uphold the child support obligation under the modified decree.  As for the cash medical support order, we remand for the district court to allow Craig to offer proof of his health insurance plan to see if the payment is necessary.  Finally, we grant Diann’s request for appellate attorney fees. 

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR NEW SENTENCING HEARING.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J. (11 pages)

            Alphonze Emanuel appeals his conviction of possession of methamphetamine with intent to deliver, challenging the sufficiency of the evidence supporting the charge.  He also appeals the sentences imposed upon said conviction and two other convictions, arguing his waiver of in-person sentencing was not tendered knowingly and voluntarily.  OPINION HOLDS: We find the evidence sufficient to support Emanuel’s conviction of possession of methamphetamine with intent to deliver.  We vacate the sentences imposed on Emanuel’s convictions and remand the matter for a new sentencing hearing.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Jane Hildreth, on behalf of her deceased husband, Thomas Hildreth, appeals from the district court’s reversal of the workers’ compensation commissioner’s award of death benefits.  OPINION HOLDS: We find the district court erred in reversing the commissioner’s award and in determining the commissioner’s decision was unsupported by substantial evidence.  Substantial evidence exists in the record to support the commissioner’s decision.  Accordingly, we reverse the judgment entered by the district court and reinstate the commissioner’s decision.