January 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Madison County, Terry Rickers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (6 pages)

            Jerome Moyer III appeals his conviction for murder in the first degree.  OPINION HOLDS: Moyer’s statements that he was going to be incarcerated for the rest of his life because of what he had done were evidence of his intent and level of intoxication.  We find no abuse of discretion in admitting the statements.

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J. (3 pages)

            David Jones Jr. appeals the sentences imposed upon his criminal convictions, claiming the district court’s failure to give specific reasons for imposing consecutive sentences was an abuse of discretion.  OPINION HOLDS: We find the district court’s cursory explanation sufficient to allow appellate review of the trial court’s discretionary action and conclude the court provided sufficient reasons for its decision to impose consecutive sentences. 

            Appeal from the Iowa District Court for Wright County, James M. Drew, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Mullins, P.J., and Vaitheswaran and Tabor, JJ., but decided by Vaitheswaran, P.J., Tabor, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (17 pages)

            Belmond-Klemme Education Association (Association) and Jodi Turner appeal an adverse district court ruling on Belmond-Klemme Community School District’s (District) application to vacate or modify an arbitration award relating to a grievance and the Association and Turner’s motion for summary judgment on the application.  The Association and Turner generally argue the court “erred in substituting its judgment on the arbitrability of the grievance for the judgment of the arbitrator.”  OPINION HOLDS: We conclude the arbitrator exceeded her powers in granting relief regarding the placement of the letter in Turner’s file and implementation of intensive assistance, and the district court did not err in vacating those portions of the award.  However, the arbitrator’s requirement that the District provide a contractual evaluation should therefore stand.  As such, the district court order is affirmed in part, reversed in part, and remanded for entry of an order reinstating the requirement that the District conduct a fair and impartial performance review of Turner.

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge. AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (7 pages)

            A mother appeals the modification of physical care, arguing (1) no substantial change in circumstances exists and (2) modification is not in the children’s best interests.  OPINION HOLDS: The mother introduced her children to dangerous men, and this change was not contemplated at the time of the original decree.  The father can provide superior care.  We affirm.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris and Linda M. Fangman, Judges.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            Jaymes Donalde Goodsell appeals the revocation of his deferred judgment and the sentence imposed.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (10 pages)

            Christopher Jenkins appeals from his conviction of operating while intoxicated (OWI), claiming the record lacks substantial evidence to support the jury’s verdict and that the law enforcement officers should not have been allowed to offer “expert” testimony about the ignition system of the van he was operating.  OPINION HOLDS: Substantial evidence supports the OWI conviction.  Because no objection was made at trial to the ignition-system evidence, error was not preserved.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Schumacher, J.  (9 pages)

            An employer, ABF Freight Systems, Inc., and its insurer, Ace American Insurance Company, appeal a judicial-review decision upholding the workers’ compensation commissioner’s award of additional benefits to Marcus Hilliard.  OPINION HOLDS: Because the commissioner’s finding of a change of condition is supported by substantial evidence and the determination of increased industrial disability is not irrational, illogical, or wholly unjustifiable, we affirm.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            Christopher Drew appeals his sentence for eluding while exceeding speed limit by more than twenty-five miles per hour or more, an aggravated misdemeanor.  Drew asserts the district court abused its discretion in sentencing him to prison instead of probation.  OPINION HOLDS: We find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  Special Concurrence by Badding, J. (26 pages)

            The juvenile court terminated the parental rights of J.L.’s biological mother and father and appointed the Iowa Department of Human Services (DHS) the guardian of the child.  Shortly after, the intervenor-foster parent and the guardian ad litem (GAL) each filed a motion to remove DHS as guardian.  Following a hearing in spring of 2021, the juvenile court concluded DHS acted unreasonably in discharging its duties as guardian to find a suitable adoptive home for the child, granted the motions to remove DHS, and appointed the intervenor-foster parent as guardian instead.  The intervenor-maternal relatives, who DHS had chosen as the pre-adoptive placement for J.L., appeal the juvenile court’s ruling.  They challenge the court’s decision to remove DHS as guardian and argue the juvenile court improperly usurped DHS’s role by substituting its judgment for that of DHS.  OPINION HOLDS: We agree with the juvenile court that the foster parent and GAL met their burden to prove DHS acted unreasonably in the decision-making process in picking a pre-adoptive placement for J.L. and its lack of meaningful transition plan for J.L. once it decided on the biological relatives who resided in Florida.  Therefore, we affirm the removal of DHS as J.L.’s guardian and affirm the appointment of the foster parent instead.  SPECIAL CONCURRENCE ASSERTS: I join in affirming the removal of the Iowa Department of Human Services as this child’s guardian but write separately to emphasize the difference between this case and the many others where we have refused similar requests from prospective adoptive parents.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            Natasha Lash appeals a district court order awarding her ex-husband, Steven Jensen, physical care of their child.  Both parties request appellate attorney fees.  OPINION HOLDS:  Upon our de novo review, we find Jensen can provide superior care to their child.  Accordingly, we affirm. 

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            A father appeals the termination of his parental rights in a private termination action.  OPINION HOLDS: Because we find clear and convincing evidence supports the grounds for termination and termination is in the child’s best interests, we affirm.   

            Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, District Associate Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.   Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

A juvenile offender appeals a district court restitution order, alleging the costs were not supported by substantial evidence, fell outside the scope of liability, or both.  OPINION HOLDS: We find the letterman jacket falls outside the scope of liability and vacate the award related to the same.  A correction is required in the calculation of restitution for mileage to reduce the claim to 734.5 miles at a rate of thirty-nine cents per mile and a further reduction in the mileage claim by $127 previously paid by Crime Victim Compensation.  We affirm the remainder of the restitution order.  We remand to the district court for entry of a restitution order consistent with this opinion.