April 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (6 pages)

            Ashlie Rosales appeals from her conviction for possession of methamphetamine, first offense.  She argues that insufficient evidence existed to prove she had knowing possession of the methamphetamine.  OPINION HOLDS: Sufficient evidence existed to allow a rational jury to find Rosales was in constructive possession of methamphetamine.

            Appeal from the Iowa District Court for Polk County, Jeanie Kunkle Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (19 pages)

            Attorney Michael Sellers appeals from the district court’s confirmation of an award decision from the Polk County Bar Association Attorney Fee Arbitration Committee following a fee dispute with Dr. Amit Gupta.  Gupta, in turn, states the district court should have awarded him prejudgment interest, attorney fees, and costs.  OPINION HOLDS: Because Sellers waived potential conflicts with an arbitrator and the Arbitration Committee remained within its proper scope, we affirm the district court’s confirmation of the award.  Further, Gupta did not establish a path for prejudgment interest and the court did not abuse its discretion by declining to award attorney fees and costs.  

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Chantell Grimm appeals her conviction for possession of methamphetamine, arguing the district court abused its discretion in allowing certain evidence to reach the jury.  OPINION HOLDS: The evidence was relevant to whether Grimm knowingly possessed methamphetamine.  And although it was inherently prejudicial, we cannot find its probative value was substantially outweighed by the danger of unfair prejudice or that the district court abused its discretion by admitting it.

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (6 pages)

            Danny Church appeals his sentence.  He argues the district court relied too heavily on the nature of his offense, downplaying several mitigating factors.  OPINION HOLDS: The sentencing court considered the sentencing factors and did not abuse its discretion by weighing some factors more heavily than others.  We affirm.

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            Trish Beck, now known as Trish Halder, appeals the district court’s ruling modifying physical care of her daughter.  OPINION HOLDS: Because returning the child to the parties’ joint physical care was in the child’s best interests, we affirm the modification ruling.  

            Appeal from the Iowa District Court for Cass County, Margaret Reyes, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Brady Murphy appeals the denial of his motion to suppress evidence based on the allegedly unlawful stop of his vehicle.  OPINION HOLDS: Because we conclude there was no reasonable suspicion to support a traffic stop under the circumstances presented, we reverse the district court’s suppression ruling, vacate Murphy’s conviction and sentence, and remand for further proceedings. 

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Henry Myles appeals the imposition of consecutive sentences upon his criminal convictions.  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentences imposed. 

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (9 pages)

            A mother appeals the district court’s decision granting physical care of the child to the father.  OPINION HOLDS: The district court properly placed the child in the father’s physical care.  The mother is not awarded appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A father appeals a juvenile court order terminating his parental rights.  On appeal, the father contends he did not abandon the child and termination of his parental rights is not in the best interests of the child.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (3 pages)

            Michael Lajeunesse appeals the order denying his petition for judicial review challenging the Iowa Board of Medicine’s “refus[al] to initiate disciplinary proceedings” against a licensee.  OPINION HOLDS: Because Lajeunesse’s claim against the licensee is not within the Board’s authority or jurisdiction to hear, we affirm the district court’s denial of relief.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

            Dustin Jungvirt appeals his sentence on his conviction for insurance fraud, claiming the district court failed to properly consider which sentencing options would best rehabilitate the defendant.  OPINION HOLDS: We determine no abuse of discretion by the district court in sentencing the defendant.  Accordingly, we affirm. 

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Mark Haase appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Haase failed to prove breach of an essential duty by his trial counsel, we find he did not establish ineffective assistance of counsel in connection with any of the three grounds asserted in this appeal. We therefore affirm the district court’s denial of Haase’s application for postconviction relief.