Filed Nov 02, 2022
View Opinion No. 21-1293
View Summary for Case No. 21-1293
Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., Ahlers, J., and Mullins, S.J. Opinion by Vaitheswaran, P.J. (8 pages)
An employee appeals the district court’s granting of summary judgment in favor of her former employer and others in a suit arising out of her employment. OPINION HOLDS: We affirm the district court’s judgments on all counts.
Filed Nov 02, 2022
View Opinion No. 21-1391
View Summary for Case No. 21-1391
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Heard by Bower, C.J., Badding, J., and Potterfield, S.J. Opinion by Badding, J. (24 pages)
Euric Fountain appeals the district court’s grant of the State’s motion for summary disposition on his application for postconviction relief. He argues the court applied the wrong legal standard in determining whether his application was exempted from the statute of limitations. He also argues summary disposition was improper because genuine issues of material fact remain and preclude the State’s entitlement to judgment as a matter of law. Lastly, he argues the court “failed to analyze the effect of the new evidence on the evidence at trial,” which seems to be a claim that the new evidence probably would have changed the result of the trial. OPINION HOLDS: We affirm the entry of summary disposition and conclude, based on the undisputed facts, that Fountain cannot show the recantation evidence is material and probably would have changed the outcome of the criminal trial as required for a newly-discovered-evidence claim under Iowa Code section 822.2(1)(d) (2017).
Filed Nov 02, 2022
View Opinion No. 21-1520
View Summary for Case No. 21-1520
Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge. AFFIRMED. Considered by Bower, C.J., Tabor, J., and Danilson, S.J. Opinion by Tabor, J. (5 pages)
Cory Brackin appeals his conviction for eluding in excess of twenty-five miles per hour over the speed limit. He contends the State failed to offer substantial evidence that he drove faster than fifty miles per hour in a twenty-five-mile-per-hour zone after the pursuing officer turned on both his lights and siren. OPINION HOLDS: Because the jury was entitled to believe the officer’s testimony that he could gauge Brackin’s speed, we affirm its verdict.
Filed Nov 02, 2022
View Opinion No. 21-1713
View Summary for Case No. 21-1713
Appeal from the Iowa District Court for Hardin County, Bethany J. Currie, Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ. Opinion by Schumacher, J. (6 pages)
A defendant appeals his conviction for possession of methamphetamine with intent to deliver. OPINION HOLDS: We find substantial evidence supports the conviction. We affirm.
Filed Nov 02, 2022
View Opinion No. 21-1730
View Summary for Case No. 21-1730
Appeal from the Iowa District Court for Muscatine County, Tamra Roberts, Judge. APPEAL DISMISSED. Considered by Ahlers, P.J., and Badding and Chicchelly, JJ. Opinion by Ahlers, P.J. (6 pages)
Ricky Nebinger Jr. appeals his conviction for operating a motor vehicle without owner’s consent following his guilty plea. OPINION HOLDS: Nebinger has not established good cause to appeal as a matter of right. We deny Nebinger’s application for discretionary review because he does not seek review from an “order raising a question of law important to the judiciary and the profession” as required by Iowa Code section 814.6(2)(e) (2021).
Filed Nov 02, 2022
View Opinion No. 21-1828
View Summary for Case No. 21-1828
Appeal from the Iowa District Court for Polk County, Christopher Kemp, Brendan E. Greiner, and Gregory D. Brandt, District Associate Judges. APPEAL DISMISSED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (7 pages)
After being charged with five counts of violation of a custodial order, Briana Jenkins signed and filed a petition to plead guilty in April 2021. She agreed to plead guilty to one of the counts and enter an Alford plea to another in exchange for dismissing the three other counts and certain sentencing terms. Now, Jenkins challenges the sentencing process following acceptance of the plea agreement and argues the convictions should be vacated so she can withdraw her guilty pleas. Her focus is on the sentencing process and whether it followed the mandatory parameters of Iowa Rule of Criminal Procedure 2.10. OPINION HOLDS: Jenkins has no remedy because she got what she bargained for and she has not established good cause to appeal. Without good cause, we lack jurisdiction.
Filed Nov 02, 2022
View Opinion No. 22-0038
View Summary for Case No. 22-0038
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED ON BOTH APPEALS. Heard by Schumacher, P.J., Chicchelly, J., and Gamble, S.J. Opinion by Gamble, S.J. (12 pages)
William and Lynn Pitz (the Pitzes) appeal the ruling on their petition for declaratory judgment. The Pitzes claim the district court erred in determining there was a valid contract between the parties and they are entitled to attorney fees. United States Cellular Operating Company of Dubuque (US Cellular) cross-appeals the denial of its request for attorney fees. OPINION HOLDS: There is a valid contract between the parties because (1) the relevant renewal provision of an expiring lease did not require payment as a condition precedent to renew and (2) the renewal notice sufficiently identified the party seeking to renew the contract, so the Pitzes knew US Cellular was exercising the renewal option. Neither party may recover attorney fees.
Filed Nov 02, 2022
View Opinion No. 22-0096
View Summary for Case No. 22-0096
Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (10 pages)
James Ellerbach appeals a district court order directing him to provide Kelli Willman with the proceeds of a life insurance policy after he retained the value of outstanding loans. He claims written contracts and oral agreements entitle him to the full value of the life insurance policy. OPINION HOLDS: We find the district court properly found Ellerbach was entitled to the amount of outstanding debt secured by the life insurance policy rather than the entire proceeds. The court also correctly calculated the sum of outstanding debt. We affirm.
Filed Nov 02, 2022
View Opinion No. 22-0195
View Summary for Case No. 22-0195
Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J. Opinion by Danilson, S.J. (11 pages)
Donald and Judith Brinkley appeal the annulment of their writ of certiorari challenging the decision of the City of Milford Zoning Board of Adjustment to grant a special use permit to the Okoboji Community School District (OCSD) for a construction project adjacent to the Brinkleys’ property. In short, the Brinkleys argue the Board illegally granted the permit after OCSD failed to plant and maintain a vegetative fence or screen along the edge of their property, as required by an earlier Board decision. OPINION HOLDS: The Board’s decision is supported by substantial evidence and was not illegal, unreasonable, arbitrary, or capricious.
Filed Nov 02, 2022
View Opinion No. 22-0219
View Summary for Case No. 22-0219
Appeal from the Iowa District Court for Madison County, Patrick W. Greenwood, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J. Opinion by Vaitheswaran, P.J. (3 pages)
Jacob Huney appeals his sentence following his guilty plea to lascivious acts with a child and child endangerment. OPINION HOLDS: We discern no abuse of discretion in the court’s sentencing decision, and we affirm Huney’s sentence.
Filed Nov 02, 2022
View Opinion No. 22-0292
View Summary for Case No. 22-0292
Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ. Opinion by Tabor, J. (15 pages)
A former husband contends he should not have to pay alimony and claims the district court erred in ordering him to pay for his former wife’s future foot surgery. He also challenges the court’s determination of the wife’s earning capacity for purposes of child support and the children’s uncovered medical costs. And he contests the order for repayment of past-due child support. Finally, he contests attorney fees while the former wife requests appellate attorney fees. OPINION HOLDS: Upon our de novo review, we strike the provisions of the decree addressing the husband’s obligation to pay for the wife’s surgery and the repayment plan for her past-due child support. We also remand for the district court to recalculate the wife’s child support payments and her responsibility for the children’s uncovered medical costs. We affirm the amount of trial attorney fees, but modify the method of payment. We decline to award appellate attorney fees.
Filed Nov 02, 2022
View Opinion No. 22-0363
View Summary for Case No. 22-0363
Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ. Opinion by Schumacher, J. (10 pages)
The respondent, P.K., appeals the district court’s decision finding he continued to be seriously mentally impaired. P.K. conceded that he had a mental illness. P.K. asserts that he has sufficient judgment to make responsible decisions in regard to treatment. He also asserts that the evidence does not show that if he were allowed to remain at liberty, he would be likely to inflict injury on himself or others. OPINION HOLDS: We find the court’s decision is supported by substantial evidence and P.K. is seriously mentally impaired.