November 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Lyon County, Shane Mayer, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (21 pages)

            Heather Banister appeals the decree dissolving her marriage to Shaun Banister.  She argues the court erred in awarding the parties joint physical care of their three children, inequitably divided the marital estate, and abused its discretion in denying her request for an award of attorney fees.  Heather also requests an award of appellate attorney fees.  OPINION HOLDS: We modify the dissolution decree to place the parties’ children in Heather’s physical care and remand to establish Shaun’s parenting schedule and child-support obligation.  We also modify the property distribution, which results in an increase of Shaun’s total equalization payment to $12,745.49.  With equitable treatment of the parties’ attorney-fee liabilities, we affirm the denial of trial attorney fees to Heather.  We also deny Heather’s request for appellate attorney fees, but we assess the costs of the appeal against Shaun.

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (6 pages)

            Nathaniel Pearce pled guilty to two counts of sexual abuse in the second degree and was later sentenced to two consecutive twenty-five-year terms of imprisonment.  Pearce argues the district court did not provide adequate reasons to explain why it imposed consecutive sentences and the court placed too much weight on the nature of the offenses in deciding the appropriate sentences.  OPINION HOLDS: We find no abuse of discretion and affirm. 

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (7 pages)

            Adam Bowen appeals the disposition of his probation-revocation proceedings.  He argues the court considered an improper factor when it adjudicated him guilty and sentenced him to prison following revocation of his probation and deferred judgment.  OPINION HOLDS: We agree with Bowen that the court considered an improper factor when it considered timing of parole when fashioning a sentence for Bowen.  The probation violations remain undisturbed and conclusively established, as Bowen did not challenge them.  We reverse the revocation of Bowen’s deferred judgment, the adjudication of guilt, and the sentence imposed.  We remand to the district court to fashion an appropriate consequence within the authorized range of choices provided in Iowa Code section 908.11(4) (2021).

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham II, Judge.  AFFIRMED IN PART AND MODIFIED IN PART.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Stephanie Makela appeals the district court’s order on Wayne Makela’s petition to modify the parties’ dissolution decree.  OPINION HOLDS: Because the district court’s award of less than equal custodial rights to Wayne meant that Stephanie retained her rights as sole legal custodian of the children, we modify the determination that there was a substantial change of circumstances warranting modification of the legal custodial relationship.  We affirm the district court’s conclusion that there was a substantial change of circumstances warranting a modification of the visitation provision of the decree, and we affirm all portions of the plan except the overnight visits.  We modify the decree to eliminate those visits.

            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 Badding, J.  (5 pages)

            Joshua Green appeals the consecutive sentences imposed on his convictions for multiple crimes, claiming the district court sentenced him to prison “without due consideration of mitigating factors.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentences imposed.

            Appeal from the Iowa District Court for Linn County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Shawn Plucar appeals the district court’s order denying his application for rule to show cause requesting that Tiffany Grafton be held in contempt.  OPINION HOLDS: We conclude the district court did not grossly abuse its discretion in declining to find Grafton in contempt, and we affirm the court’s denial of the application for rule to show cause.  

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (4 pages)

            Bennie Cunningham appeals following his guilty plea arguing the district court abused its sentence when it sentenced him to a five-year indeterminate term of incarceration.  OPINION HOLDS: Because the district court did not suspend Cunningham’s sentence, it was obligated to sentence him to an indeterminate term of five-years under Iowa Code section 902.9(1)(e) (2021).

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Bower, C.J.  (9 pages)

            Steven James Hayden appeals his conviction and sentence after he pleaded guilty to several charges.  OPINION HOLDS: Hayden failed to file a motion in arrest of judgment and thus cannot challenge his guilty pleas.  Finding no abuse of the court’s sentencing discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            Jeffrey Palmer appeals the fines imposed as part of his sentence.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            This appeal concerns the narrow issue of where the parties’ minor child, E.G., should attend school.  Wendy Alderin wishes for the child to attend school in Illinois where she resides.  The district court determined that E.G. should attend school in Iowa where his father, Tyler Gould, resides.  OPINION HOLDS: While both school districts present strong opportunities to serve E.G.’s best interest, we affirm the court’s decision that E.G. should be enrolled in the Davenport Community School District.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            D.R. appeals his involuntary commitment as a person who is seriously mentally impaired.  OPINION HOLDS: We find the district court did not err in finding D.R. seriously mentally impaired.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to two children, contending (1) the State failed to prove the children “could not be returned to [her] custody at the time of the termination hearing”; (2) the department of health and human services failed to make “reasonable efforts to reunify [her] with her child[ren]”; and (3) termination was not in the children’s best interests “due to the closeness of the parent-child relationship” and because a guardianship “would allow the child[ren] to be placed in a safe and stable environment while also preserving the child[ren]’s close bond with [her].”  OPINION HOLDS: We affirm the district court’s decision to terminate the mother’s parental rights to the two children.