2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            Balah Rushing appeals the denial of his third application for postconviction relief (PCR).  In all three PCR applications, Rushing sought a remand for resentencing to consider whether imposition of a mandatory minimum sentence was appropriate because of his age at the time of the criminal conduct.  The district court dismissed his third application for PCR on summary judgment finding it was barred by res judicata.  Rushing argues res judicata should not apply because he never had an opportunity “to generate a record and get a hearing on the merits.”  OPINION HOLDS: We agree with the district court; Rushing’s third application for PCR is barred by res judicata because his PCR claims have been raised and rejected in two prior PCR actions.  Thus, we affirm the denial of his third PCR application. 

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Gamble, S.J., takes no part.  Opinion by Doyle, J.  (3 pages)

            Allen Killings appeals the order granting the State’s motion for summary disposition and dismissing his second applications for postconviction relief.  OPINION HOLDS: Because the second PCR applications are untimely under Iowa Code section 822.3 (2018) and do not fall under the narrow exception set forth in Allison v. State, 914 N.W.2d 866, 890-91 (Iowa 2018), we affirm.

            Appeal from the Iowa District Court for Allamakee County, John J. Bauercamper, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (12 pages)

            Roger Hammel appeals the district court’s ruling on Dorchester Reserve’s petition for injunctive relief and damages.  OPINION HOLDS: The district court was correct to grant Dorchester Reserve’s petition for permanent injunctive relief.  We affirm the court’s award of damages to Dorchester Reserve.  But we reverse and remand on Hammel’s counterclaim for boundary by acquiescence.

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  SANCTIONS AND JUDGMENT VACATED AND CASE REMANDED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Shawn Rana appeals the sanctions imposed against him for his failure to attend his deposition and produce documents and the entry of judgment based on those sanctions.  OPINION HOLDS: We find no evidence the underlying order to compel discovery was served upon Shawn individually, as required under our rules of civil procedure.  We therefore vacate the sanctions and corresponding judgment against Shawn and remand for further proceedings.

            Appeal from the Iowa District Court for Jefferson County, Gregory Milani and Myron Gookin, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (2 pages)

            Alicides Manny Hernandez appeals following his guilty plea to possession of methamphetamine with intent to deliver and operating a motor vehicle with a barred license.  Hernandez contends the district court abused its discretion in imposing sentence.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages).

            Bernard Anthony Smith appeals from the denial of his postconviction relief.  OPINION HOLDS: Finding Smith is unable to prove he suffered any prejudice on his first claim and finding no breach of duty or prejudice with respect to the second claim, we affirm the district court.

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt and Kevin Parker, District Associate Judges.  APPEAL DISMISSED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (5 pages)

            William Roland appeals the denial of his motion to reconsider a judgment entered in favor of the Polk County Sheriff under Iowa Code section 356.7 (2019).  He asserts the clerk of court failed to provide notice of the district court’s ruling and requests grant of a delayed appeal.  OPINION HOLDS: The months of delay are not negligible, so we deny Roland’s application for a delayed appeal.  Because Roland’s appeal is untimely, we are without jurisdiction to entertain it. 

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Leslea Haravon Collins, who filed a petition for appointment of a conservator for her mother, Alda Haravon, appeals the district court’s award of attorney fees to her sister, Anita Haravon, who opposed the conservatorship.  OPINION HOLDS: We conclude the district court properly determined Alda should pay Anita’s attorney fees that were incurred defending against the proposed conservatorship.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Mahan, S.J.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Michael Lang appeals the district court’s summary dismissal of his eighth postconviction-relief application and the denial of his motion for reconsideration of the ruling.  OPINION HOLDS: We affirm the court’s summary dismissal of the application. 

            Appeal from the Iowa District Court for Jefferson County, Lucy Gamon, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Rebecca Riaz, now known as Rebecca Bachar, appeals the district court decision denying her motion to set aside a default dissolution decree.  OPINION HOLDS: Rebecca’s reasons for not appearing for the dissolution trial were not credible, and therefore, she has not met her burden to show good cause for setting aside the dissolution decree.  We determine each party should pay their own appellate attorney fees.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (12 pages)

            Michael Schawitsch appeals the denial of his fourth application for post-conviction relief.  OPINION HOLDS: Because Schawitsch failed to show his ineffective assistance of counsel claims were made within the time limit established by Iowa Code section 822.3 (2018), we affirm denial of his fourth application for PCR. 

            Appeal from the Iowa District Court for Osceola County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (13 pages)

            Dale and Danna Braaksma, together with their son, Jesse Braaksma, appeal a grant of summary judgment and ensuing foreclosure decree entered in favor of Compeer Financial Services, FLCA (Compeer) relative to two mortgages on tracts of agricultural real estate, one owned by Dale and Danna and the other owned by Jesse.  They argue Compeer’s notice of default and right to cure did not comply with Iowa Code sections 654.2A and 654.2B (2018), the Braaksmas were not excepted from a right to cure based on prior defaults, and Compeer’s foreclosure petition should therefore have been dismissed.  OPINION HOLDS: The legal consequence of the undisputed facts is Compeer’s entitlement to judgment as a matter of law.  We affirm the district court’s grant of summary judgment in favor of Compeer.