May 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Mary Chicchelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Scott, S.J.  Chicchelly, J., takes no part.  Opinion by Scott, S.J.  (6 pages)

            James Maclin appeals the dismissal of his application for postconviction relief (PCR), asserting trial counsel offered constitutionally deficient representation in failing to present expert testimony on the issue of diminished capacity, by “opening the door” to prior-bad-acts testimony, and failing to request a more specific answer to a jury question about lesser-included offenses.  OPINION HOLDS: Because Maclin has not proved his ineffective-assistance-of-counsel claims, we affirm the dismissal of his PCR application.

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART, and VACATED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  Tabor, J., takes no part.  (10 pages)

            A father appeals both the district court’s denial of the petition to terminate C.S.’s guardianship with his maternal aunt and uncle as well as the termination of parental rights under Iowa Code chapter 600A (2020).  OPINION HOLDS: The order establishing guardianship is void because the father did not receive proper notice.  However, the aunt and uncle had standing to file the termination petition as C.S.’s custodians.  Termination of the father’s parental rights was in C.S.’s best interests. 

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (2 pages)

            James McKiernan appeals from a summary judgment ruling.  The district court determined the statute of limitations lapsed, McKiernan’s claim was barred by issue preclusion and claim preclusion, and McKiernan failed to present an issue of material fact to establish a valid breach-of-contract claim.  OPINION HOLDS: We conclude summary judgment was properly granted and affirm without further opinion.

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (22 pages)

            Israel Moreno appeals a decree establishing legal custody, physical care, visitation, and child support concerning the child he shares with Gina Lynch.  He claims the court erred by (1) not allowing him to introduce certain evidence; (2) not allowing him to cross-examine Lynch; (3) awarding Lynch sole legal custody and physical care; (4) placing onerous conditions on his visitation, failing to award him more visitation, and impermissibly delegating its powers to expand visitation; and (5) awarding Lynch attorney fees.  He also requests increased visitation and modifications to the legal-custody provisions of the decree.  OPINION HOLDS: We affirm on all of the evidentiary issues raised by Moreno.  We also affirm the district court’s decision to place the child in Lynch’s sole legal custody and physical care.  To the extent that the decree restricted Moreno from accessing certain records of the child’s, we modify the decree to allow Moreno legal access to the child’s medical, educational, and law enforcement records.  We affirm the visitation plan ordered by the district court and the award of attorney fees in favor of Lynch.  Costs on appeal are taxed to Moreno.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Bower, C.J.  (6 pages)

            The Estate of Herbert Knop appeals the dismissal of its claim against Mercy Health Services Iowa Corp.  OPINION HOLDS: Because a certificate of merit affidavit was necessary to establish the prima facie medical negligence injury claim against a healthcare provider, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (6 pages)

            Tenants appeal the grant of summary judgment for a rental company in this premises liability action.  OPINION HOLDS: We affirm because the tenants have not shown the district court erred.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            The defendant challenges the sentence imposed upon his plea of guilty to domestic abuse assault while using or displaying a dangerous weapon and harassment in the first degree.  OPINION HOLDS: The district court did not abuse its discretion in considering information in the victim impact statement in determining an appropriate sentence to impose.

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Chad Wile appeals the district court’s modifications to the custody and visitation provisions of the parties’ dissolution decree.  OPINION HOLDS: We affirm as modified.

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham II, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (11 pages)

            Angella Ferguson appeals the physical care, spousal support, and financial provisions in the dissolution decree ending her marriage with Bruce Ferguson, as well as the court’s denial of her request for trial attorney fees.  OPINION HOLDS: We affirm the physical care and financial provisions from the dissolution decree, modify the spousal support and trial attorney fee rulings, and deny Angella’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Lori and Dale Kellar appeal the district court’s ruling granting summary judgment in favor of Broadlawns Medical Center Foundation on the Kellars’ medical malpractice action.  The Kellars raise several challenges to the district court’s determination that they failed to submit expert testimony sufficient to support their claims within the time frame set forth in Iowa Code section 668.11 (2020).  OPINION HOLDS: The summary judgment ruling in favor of Broadlawns is affirmed.

            Appeal from the Iowa District Court for Delaware County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Scott Klaren appeals the district court’s order granting physical care to Sheila Klaren and the distribution of property in their dissolution proceedings.  OPINION HOLDS: The district court properly declined to award joint physical care, instead awarding Sheila physical care of the children with visitation to Scott.  The district court’s property valuation and distribution was equitable.

            Appeal from the Iowa District Court for Johnson County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Christopher Smead appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Because Smead has not established a viable exception to overcome the three-year limitations period, the application is time-barred.