December 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Emmet County, Don E. Courtney and John M. Sandy, Judges.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Mullins, S.J.  Opinion by Bower, C.J. (12 pages)

            Brenton Huntley appeals his convictions for domestic abuse assault by strangulation causing bodily injury, willful injury causing bodily injury, assault with intent to commit sexual abuse causing bodily injury, and first-degree harassment.  OPINION HOLDS:  Huntley did not establish prejudice from the alleged prosecutorial misconduct, and sufficient evidence supports the jury’s verdicts.  We affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Jennifer Bahr, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            Guy Wilson appeals his convictions for possession of methamphetamine, claiming the evidence was insufficient to support the convictions.  OPINION HOLDS: Both of Wilson’s convictions are supported by sufficient evidence.

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, Brendan E. Greiner and Jesse Ramirez, District Associate Judges.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J. (15 pages)

            Maurice Green appeals his two convictions for operating while intoxicated (OWI).  He challenges the denial of his motion to suppress, contending he was subjected to two unreasonable seizures within less than three hours.  He also asserts the trial court abused its discretion in consolidating the two OWI cases.  OPINION HOLDS: We affirm the denial of the motions to suppress and conclude the trial court’s consolidation and the later denial of a motion to sever was not based on grounds clearly untenable or unreasonable. 

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Bower, C.J.  (14 pages)

            Fong Phanhnao appeals his convictions for drug and firearm offenses and the sentence imposed.  OPINION HOLDS: We find sufficient evidence supports the convictions and the district court did not abuse its discretion in refusing to grant a mistrial, in the sentence it imposed, or in refusing to play a requested video.  We affirm.

            Appeal from the Iowa District Court for Johnson County, Kevin Mckeever, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (22 pages)

            Guarantors of a business’s debt appeal various adverse summary judgment rulings in litigation stemming from a lending relationship between the business and a bank.  OPINION HOLDS: Having considered all of the claims raised on appeal, whether specifically mentioned in this opinion or not, we affirm the district court’s rulings on summary judgment. 

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (23 pages)

            Patrick Anderson and his business entities appeal a judgment for former client, Karen Schwickerath, on her claims for fraud, negligent misrepresentation, and legal malpractice. OPINION HOLDS: Substantial evidence supports the district court’s findings on fraud, negligent misrepresentation, and legal malpractice, and error was not preserved on Anderson’s challenge to the award of compensatory damages.  We affirm the award of punitive damages and conclude we lack jurisdiction to address Anderson’s challenge to trial attorney’s fees.  Schwickerath’s request for appellate attorney fees is granted.

            Appeal from the Iowa District Court for Appanoose County, Daniel P. Wilson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            James Smith appeals his guilty plea and sentences.  OPINION HOLDS: We do not disturb Smith’s guilty plea because he failed to comply with Iowa Code Section 814.29 (2020).  We conclude the district court provided adequate reasoning for its sentencing determination, including its decision to run some of the sentences consecutively.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (13 pages)

            An employer appeals a district court’s decision on judicial review affirming an award of workers’ compensation benefits. OPINION HOLDS: We affirm the agency’s findings that Pruis’s injuries were causally connected to his workplace accident and that he is now permanently and totally disabled.

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            Stormy Allen Agan appeals his conviction for neglect of a dependent person and child endangerment causing serious injury.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict and the district court did not abuse its discretion in excluding evidence.  We affirm.

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

            A property purchaser appeals the district court’s rejection of his statutory and breach-of-contract claims against the seller for failure to disclose material defects in their written disclosure statement. OPINION HOLDS: We conclude the district court did not err in dismissing the statutory and breach-of-contract claims.

            Appeal from the Iowa District Court for Story County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            The plaintiffs appeal the grant of summary judgment in favor of the defendants in their wrongful death claim based on the application of the statute of repose.  OPINION HOLDS:  Because we determine the grant of summary judgment was correct, we affirm the district court.

            Appeal from the Iowa District Court for Wapello County, Gregory G. Milani, Judge.  REVERSED AND DISMISSED.  Heard by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            The City of Ottumwa appeals the district court’s order granting declaratory judgment in favor of the plaintiffs.  The district court found certain sanitary sewers in the plaintiffs’ subdivision were dedicated by common law and have been owned by the City since 1957.  OPINION HOLDS: We are unconvinced that dedication is the appropriate legal theory to analyze ownership of sewer lines.  However, even if we assume that dedication is both an appropriate legal theory and has been satisfied here, common-law dedication confers only an easement.  Both parties agree the City already has an easement over the sewer lines in question.  Finding no grounds to interfere with the City’s legislative discretion to accept and maintain sewer lines, we reverse the order of the trial court and dismiss the petition for declaratory judgment.