June 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Franklin County, Rustin Davenport, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Creditors appeal the district court’s approval of settlement of wrongful death claims by an estate’s co-executors, contending “the parties disagree about the meaning of Iowa Code section 633.336” (2019).  OPINION HOLDS: Upon our review, we affirm the district court’s order.

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Anthony Gomez appeals the imposition of consecutive sentences on his convictions of third-degree sex abuse and willful injury causing bodily injury after a remand for resentencing.  OPINION HOLDS: The district court exercised its discretion properly by weighing the nature of the offenses more heavily than mitigating measures Gomez took afterward.  Because Gomez failed to challenge the adequacy of an addendum to the presentence investigation report, the district court properly considered it.  And there is no need to vacate and remand for resentencing when Gomez provided the district court with the information he complains was missing.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (13 pages)

            Jessica Versteegh appeals the denial of her motion to suppress evidence from a stop and frisk.  OPINION HOLDS: Both the stop and frisk of Versteegh were supported by reasonable suspicion.  Therefore, we affirm the denial of Versteegh’s motion to suppress evidence.

Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. Dissent by Tabor, P.J. (17 pages)

            Jacqueline Uhler appeals from the grant of summary judgment dismissing her personal-injury claim against The Graham Group, Inc. (Graham).  Uhler argues the district court erred in finding she failed to generate a fact question on whether Graham’s use of a chemical in Uhler’s office building resulted in permanent damage to her lungs and other injuries.  OPINION HOLDS: Uhler did not provide expert testimony or other evidence to generate a fact question on whether Graham’s use of the chemical caused her to be exposed to levels of toxins sufficient to cause her injuries.  We affirm the grant of summary judgment in favor of Graham. DISSENT ASSERTS: Allowing all reasonable inferences, the evidence presents a jury question whether Draynamite fumes dispersed within the building, exposing Uhler to the hazardous substance, and whether that exposure led to acute and long-term injuries.  This showing satisfies both the general- and specific-causation framework recognized in Ranes as well as Bloomquist’s traditional cause-and-effect test.

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (23 pages)

            The State appeals the suppression of all statements defendant, Gowun Park, made to officers at her condominium and in subsequent police interviews.  The State argues (1) Park was not in custody while at her condominium; (2) Park validly waived her Miranda rights during the first station interview; (3) detectives did not make improper promises of leniency during the first interview; and (4) even if improper promises of leniency were made, they did not taint Park’s statements in her second, third, and fourth interviews.  OPINION HOLDS:  (1) Park was not in custody at her condominium so her statements should not have been suppressed, (2) Park did not voluntarily waive her Miranda rights during her first interview, (3) detectives made improper promises of leniency to Park during the first interview, and (4) the taint from the first interview carried over to the remaining three interviews.   

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

            Tommy Gines, Jr. appeals the dismissal of his third application for postconviction relief.  OPINION HOLDS: In light of our conclusion that Gines’ third postconviction-relief application was untimely, we decline to reach the merits of his application. 

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. Special Concurrence by Tabor, P.J. (7 pages)

            Ryan Beard appeals from the denial of his postconviction relief (PCR) application, claiming his counsel was ineffective.  OPINION HOLDS: Giving weight to the PCR court’s credibility findings and finding no breach of an essential duty, we affirm the denial of Beard’s PCR application. SPECIAL CONCURRENCE ASSERTS: Like the majority, I would affirm the denial of postconviction relief, but I would do so on the prejudice prong of Strickland v. Washington, 466 U.S. 668, 686 (1984).  Unlike the majority, I do not believe that trial counsel pursued a reasonable strategy.  But Beard cannot show that but for his counsel’s omission, there was a reasonable probability that he would have received a more lenient sentence.   

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART AND REVERSED AND REMANDED IN PART.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (14 pages)

            James Nieman appeals the child support provisions, and Courtney Niemen cross-appeals the child support and economic provisions, of the decree dissolving their marriage.  OPINION HOLDS: We affirm the dissolution of the marriage and the distribution of marital property.  However, the district court’s findings concerning James’s income are not supported in this record.  Therefore, we reverse and remand for further findings and recalculation of James’s child support obligation.

            Appeal from the Iowa District Court for Guthrie County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (5 pages)

            Billy Dean Devilbiss appeals his sentence for driving while barred as a habitual offender.  He contends the district court abused its discretion by imposing an indeterminate two-year period of incarceration.  OPINION HOLDS: We find the district court did not abuse its discretion.  We affirm the sentence imposed by the district court.

            Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Ryan Maher appeals the issuance of a domestic abuse protective order against him.  OPINION HOLDS: Because there was no independent basis to support the new protective order, the district court’s issuance of the protective order is reversed and the matter is remanded for dismissal.

            Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (13 pages)

            Michael and Diane McKee appeal the entry of summary judgment on their claims against the City of Council Bluffs for relief relating to cleaning and maintenance of a drainage ditch, private nuisance, and pure nuisance.  OPINION HOLDS: We find summary judgment was inappropriate on the bases cited by the district court.  We reverse and remand for further proceedings. 

            Appeal from the Iowa District Court for Guthrie County, Kimberly Smith, District Associate Judge.  APPEAL DISMISSED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Gary Bundy appeals the sentence imposed following his guilty plea for stalking, in violation of Iowa Code sections 708.11(2) and 708.11(3)(b)(1) (2021).  OPINION HOLDS: Bundy argues the court erred in sentencing him because there was no factual basis for the statutory provisions under which he pled guilty.  Because this challenge does not present good cause for appeal, we dismiss this appeal.