2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Tabor, J.  (5 pages)

            Cory Brackin appeals his conviction for eluding in excess of twenty-five miles per hour over the speed limit.  He contends the State failed to offer substantial evidence that he drove faster than fifty miles per hour in a twenty-five-mile-per-hour zone after the pursuing officer turned on both his lights and siren.  OPINION HOLDS: Because the jury was entitled to believe the officer’s testimony that he could gauge Brackin’s speed, we affirm its verdict.

            Appeal from the Iowa District Court for Hardin County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J. (6 pages)

            A defendant appeals his conviction for possession of methamphetamine with intent to deliver.  OPINION HOLDS:  We find substantial evidence supports the conviction.  We affirm. 

            Appeal from the Iowa District Court for Muscatine County, Tamra Roberts, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            Ricky Nebinger Jr. appeals his conviction for operating a motor vehicle without owner’s consent following his guilty plea.  OPINION HOLDS: Nebinger has not established good cause to appeal as a matter of right.  We deny Nebinger’s application for discretionary review because he does not seek review from an “order raising a question of law important to the judiciary and the profession” as required by Iowa Code section 814.6(2)(e) (2021).

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, Brendan E. Greiner, and Gregory D. Brandt, District Associate Judges.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            After being charged with five counts of violation of a custodial order, Briana Jenkins signed and filed a petition to plead guilty in April 2021.  She agreed to plead guilty to one of the counts and enter an Alford plea to another in exchange for dismissing the three other counts and certain sentencing terms.  Now, Jenkins challenges the sentencing process following acceptance of the plea agreement and argues the convictions should be vacated so she can withdraw her guilty pleas.  Her focus is on the sentencing process and whether it followed the mandatory parameters of Iowa Rule of Criminal Procedure 2.10.  OPINION HOLDS: Jenkins has no remedy because she got what she bargained for and she has not established good cause to appeal.  Without good cause, we lack jurisdiction.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED ON BOTH APPEALS.  Heard by Schumacher, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            William and Lynn Pitz (the Pitzes) appeal the ruling on their petition for declaratory judgment.  The Pitzes claim the district court erred in determining there was a valid contract between the parties and they are entitled to attorney fees.  United States Cellular Operating Company of Dubuque (US Cellular) cross-appeals the denial of its request for attorney fees.  OPINION HOLDS: There is a valid contract between the parties because (1) the relevant renewal provision of an expiring lease did not require payment as a condition precedent to renew and (2) the renewal notice sufficiently identified the party seeking to renew the contract, so the Pitzes knew US Cellular was exercising the renewal option.  Neither party may recover attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            James Ellerbach appeals a district court order directing him to provide Kelli Willman with the proceeds of a life insurance policy after he retained the value of outstanding loans.  He claims written contracts and oral agreements entitle him to the full value of the life insurance policy.  OPINION HOLDS: We find the district court properly found Ellerbach was entitled to the amount of outstanding debt secured by the life insurance policy rather than the entire proceeds.  The court also correctly calculated the sum of outstanding debt.  We affirm. 

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (11 pages)

            Donald and Judith Brinkley appeal the annulment of their writ of certiorari challenging the decision of the City of Milford Zoning Board of Adjustment to grant a special use permit to the Okoboji Community School District (OCSD) for a construction project adjacent to the Brinkleys’ property.  In short, the Brinkleys argue the Board illegally granted the permit after OCSD failed to plant and maintain a vegetative fence or screen along the edge of their property, as required by an earlier Board decision.  OPINION HOLDS: The Board’s decision is supported by substantial evidence and was not illegal, unreasonable, arbitrary, or capricious. 

            Appeal from the Iowa District Court for Madison County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Jacob Huney appeals his sentence following his guilty plea to lascivious acts with a child and child endangerment.  OPINION HOLDS: We discern no abuse of discretion in the court’s sentencing decision, and we affirm Huney’s sentence.

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Tabor, J.  (15 pages)

            A former husband contends he should not have to pay alimony and claims the district court erred in ordering him to pay for his former wife’s future foot surgery.  He also challenges the court’s determination of the wife’s earning capacity for purposes of child support and the children’s uncovered medical costs.  And he contests the order for repayment of past-due child support.  Finally, he contests attorney fees while the former wife requests appellate attorney fees.  OPINION HOLDS: Upon our de novo review, we strike the provisions of the decree addressing the husband’s obligation to pay for the wife’s surgery and the repayment plan for her past-due child support.  We also remand for the district court to recalculate the wife’s child support payments and her responsibility for the children’s uncovered medical costs.  We affirm the amount of trial attorney fees, but modify the method of payment.  We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (10 pages)

            The respondent, P.K., appeals the district court’s decision finding he continued to be seriously mentally impaired.  P.K. conceded that he had a mental illness.  P.K. asserts that he has sufficient judgment to make responsible decisions in regard to treatment.  He also asserts that the evidence does not show that if he were allowed to remain at liberty, he would be likely to inflict injury on himself or others.  OPINION HOLDS: We find the court’s decision is supported by substantial evidence and P.K. is seriously mentally impaired.

            Appeal from the Iowa District Court for Hardin County, Jennifer Miller, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Kasondra Massengale appeals the district court order awarding her and Ahmed Alibrahimy joint physical care of their two children.  OPINION HOLDS: We modify the district court’s order to give Kasondra physical care of the children and set a visitation schedule for Ahmed.  We remand for calculation of the child-support obligation based on the change in physical care. 

            Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (14 pages)

            A mother and guardian ad litem appeal the denial of the mother’s petition to terminate a father’s parental rights under Iowa Code chapter 600A (2021).  The father requests an award of appellate attorney fees.  OPINION HOLDS: Because we find termination of the father’s parental rights is in these children’s best interests, we reverse the juvenile court’s denial of the mother’s termination petition and remand for entry of an order consistent with this opinion.  We deny the father’s request for appellate attorney fees.