2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED. Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (5 pages)

            Brandon Vance appeals the summary disposition granted by the trial court because (1) his claim of actual innocence should have been permitted to be developed and presented and (2) his application was not time-barred.  OPINION HOLDS: We affirm the trial court’s summary disposition.

            Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (5 pages)

            Nicholas Wessel challenges his sentence for possession with intent to deliver methamphetamine.  Wessel argues the district court abused its discretion by revoking his deferred judgment and sentencing him to incarceration.  OPINION HOLDS: We find that the district court did not abuse its discretion and considered the proper factors in imposing its sentence.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (5 pages)

            Alphonze Emanuel appeals the sentence imposed upon his criminal conviction, claiming his “waiver of his right to be personally present at his sentencing was not intelligent, voluntary, or knowing.”  OPINION HOLDS: Finding no abuse of discretion or merit to the alleged sentencing deficiency, we affirm Emanuel’s sentence.

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Vaitheswaran, P.J.  (9 pages)

             Jose Morales appeals the district court’s denial of his postconviction-relief application.  Morales contends his trial attorney was ineffective in failing to (1) object to a portion of the prosecutor’s opening statement; (2) object “to several instances of hearsay”; (3) “investigate the statements of” a person who identified someone else as the shooter; and (4) retain a jury instruction on voluntary manslaughter.  OPINION HOLDS: We affirm the denial of the postconviction-relief application.   

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Mahan, S.J.  Opinion by Bower, C.J.  (6 pages)

            Christian Munoz appeals the summary denial of his third application for postconviction relief.  OPINION HOLDS: The district court did not err in concluding Munoz’s claims are time-barred by Iowa Code section 822.3 (2019). 

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Tabor, P.J.  (14 pages)

            Kenneth Dolezal appeals the denial of his motion to withdraw admissions concerning his father’s mental capacity to make a will and the grant of summary judgment to the executor.  OPINION HOLDS: Because we find no abuse of discretion in the denial of withdrawal and summary judgment was appropriate for lack of genuine issue of material fact, we affirm. 

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (10 pages)

            Vicki Hover-Williamson appeals from the decree of dissolution of marriage and order approving final stipulation.  Vicki argues the district court erred in enforcing the stipulation and agreement because there was no mutual assent.  OPINION HOLDS: We find that the parties did not mutually assent to those issues the district court decreed were agreed upon in the court-ordered stipulation and agreement filed by the parties.  We reverse the district court’s ruling granting Byron Williamson’s motion to enforce settlement agreement and order approving final stipulation.  And to avoid any confusion, we do not vacate that portion of the decree that dissolves the parties’ marriage.  We remand the case to the district court for a full consideration of the issues presented and the entry of an appropriate decree. 

            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 Mullins, J.  (11 pages)

            Kayla Anderson appeals the custody and child support provisions of a modification decree.  OPINION HOLDS: Because Brian met his burden to prove that modification was in the child’s best interests and that he was best suited to care for the child’s well-being, we affirm the district court’s modification of physical care.  Kayla’s child-support arguments are not supported by the record. 

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (9 pages)

            Bajro Rizvic appeals the denial of permanent disability.  OPINION HOLDS: There is substantial evidence supporting the commissioner’s conclusion Rizvic failed to establish his condition was caused by a work-related injury.  We therefore affirm.

            Appeal from the Iowa District Court for Benton County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Tabor, J.  (11 pages)

            Larry Forbes appeals the grant of summary judgment to the Benton County Agricultural Society (Ag. Society) after suffering a head injury at the fairgrounds.  Forbes and the Ag. Society reached a settlement agreement before Forbes learned that Medicare made conditional payments toward his medical expenses.  On a motion for summary judgment, the district court enforced the settlement agreement.  Forbes now argues the agreement was unenforceable because the parties failed to reach a “meeting of the minds.”  Alternatively, he argues the agreement was voidable because it resulted from a mutual mistake.  OPINION HOLDS: Because settlement agreements are essentially contracts and the district court properly applied contract law, we affirm.  The record showed a “meeting of the minds,” and Forbes bore the risk of the mistake.  The district court properly granted summary judgment in favor of the Ag. Society.

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            Nacrina San Nicolas Tigrett appeals the physical care and visitation provisions of a district court modification order, asserting the court should have awarded her physical care of her children with Nicholas Law.  In the alternative, she seeks a change to the visitation schedule to provide her a mid-week overnight.  OPINION HOLDS: We affirm the district court order.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Termination is in the child’s best interests, and there is no basis for finding the parent-child relationship is so strong as to preclude termination of her parental rights.