March 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED AS MODIFIED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (19 pages)

            Julie Davis appeals from the dissolution decree that ended a fifty-six-year marriage.  OPINION HOLDS: The district court properly excluded the former husband’s gifted property from the marital estate, and, given the circumstances, the allocation was equitable.  But given the lopsided distribution, we increase the spousal support award.  Attorney fees are denied.

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (2 pages)

            Matthew Fell appeals the district court’s acceptance of his guilty plea and imposition of a judgment because his plea was not knowingly, voluntarily, and intelligently entered and he received ineffective assistance of standby counsel.  OPINION HOLDS: Fell cannot establish good cause to appeal from his guilty plea because he waived his right to file a motion in arrest of judgment after being adequately advised of his right to do so, and this court is without authority to decide ineffective-assistance claims on direct appeal.

              Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  Dissent by Vaitheswaran, J.  (6 pages)

            Rick Petro appeals the extension of a no-contact order prohibiting him from contacting his former spouse.  OPINION HOLDS: Because substantial evidence in the record supports the district court’s perception of a continuing threat, we affirm the five-year extension of the no-contact order.  DISSENT ASSERTS: I respectfully dissent.  I would conclude there is insubstantial evidence to support extension of the no-contact order.

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            In this review-reopening action, an employer and its insurer appeal the district court’s reversal of the workers’ compensation commissioner’s grant of summary judgment in their favor.  OPINION HOLDS:  Because we agree the commissioner erred in granting the employer’s motion for summary judgment, we affirm with directions to remand to the agency for further proceedings.

            Appeal from the Iowa District Court for Ringgold County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (15 pages)

            Dan Sickels appeals a district court ruling granting a petition for partition of real property by sale and the court’s award of the net proceeds.  Sickels argues the court erred in determining his interest in the property as a joint tenant with full rights of survivorship was divested and not awarding him one-half of the proceeds from the sale.  OPINION HOLDS: Finding no error in the court’s determination that the joint tenancy was severed or in its award of the net proceeds, we affirm. 

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (5 pages)

            James Wheeler appeals a summary judgment ruling dismissing his petition to foreclose a mechanic’s lien.  OPINION HOLDS: James’s claim is an impermissible collateral attack on the probate court’s ruling extinguishing all liens on the property, and we affirm.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (3 pages)

            Lavelle Lonelle McKinley appeals from the summary dismissal of his application for postconviction relief.  OPINION HOLDS: The district court did not err in determining McKinley’s application was time-barred, and we affirm.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (10 pages)

            Michael Cosper Jr. appeals his sentencing following a guilty plea.  Though the plea agreement outlined a contested sentencing hearing, Cosper argues that the prosecutor violated the terms and spirit of his plea agreement by referencing his criminal history.  He also believes the district court abused its discretion by imposing consecutive sentences.  OPINION HOLDS:  Because the prosecutor did not violate the terms of the agreement or express material reservations about them, there was no prosecutorial misconduct that would invalidate the sentence.  As the district court provided sufficient explanation for its sentencing decision, it did not abuse its discretion.  We affirm the sentence.  

            Appeal from the Iowa District Court for Scott County, Henry W. Latham, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Cornbelt Running Club appeals the district court’s grant of the City of Riverdale’s motion for summary judgment based on the finding that a paved path on the City’s public right of way does not constitute a “street” for purposes of Iowa Code section 657.2(5) (2020).  OPINION HOLDS: The paved path does not constitute a “street” for purposes of section 657.2(5) because the path is not used for vehicular traffic and does not otherwise obstruct or affect the flow of vehicular traffic.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Stacie Caldwell appeals the order granting summary judgment for her employer on her sex-discrimination claim.  OPINION HOLDS: The district court correctly determined that Caldwell has not shown a male employee was similarly situated to her and treated differently.  Because she produced no other evidence to generate a question of fact over whether the reason for her termination was pretext for discrimination, we affirm.

            Appeal from the Iowa District Court for Greene County, Adria Kester, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (10 pages)

            Thomas Peckumn appeals the physical-care and monetary provisions of his dissolution of marriage decree from Jessica Peckumn.  He contends that the equalization payment was inequitable based on a fortuitous appreciation of farm property and other minor miscalculations and that he should be awarded physical care.  OPINION HOLDS: Because the district court’s distribution was fair under the circumstances, we reject Thomas’s argument about the fortuitous appreciation of the farm property.  But we reduce the equalization payment to reflect miscalculations of the non-real estate assets and to account for taxes and advance attorney fees.  And, promoting continuity of caregiving during the marriage, we affirm the physical care award to Jessica.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (5 pages)

            Antoine Flournoy Jr. appeals his sentences for conspiracy to commit a forcible felony as a habitual offender and possession of a firearm as a felon.  OPINION HOLDS: We find the district court did not abuse its discretion by sentencing Flournoy to a term of imprisonment.  We affirm Flournoy’s sentences.