2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Hovenga claims a prosecutor breached his plea agreement by failing to recommend the agreed-to sentence.  OPINION HOLDS:  Finding that the prosecutor adequately recommended the agreed-to sentence, we affirm. 

            Appeal from the Iowa District Court for Polk County, Jesse Ramirez, District Associate Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Schumacher, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Chicchelly, J.  (7 pages)

            Leonor and Jason Clark appeal from the district court’s order affirming the small claims court’s grant of a forcible-entry-and-detainer (FED) petition.  The Clarks contend: (1) they should have been able to challenge the validity of the forfeiture giving rise to the FED petition during the FED action, and (2) the small claims court should have transferred the case to district court because it does not have jurisdiction to consider issues of title, which are inherent in determining the validity of forfeiture of a real estate contract.  OPINION HOLDS: Finding the small claims court was indeed without jurisdiction, we reverse and remand with instructions to transfer the case to district court for consideration of the Clarks’ forfeiture challenge.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Hong Truong appeals the district court ruling dismissing her claim for damages from an alleged oral contract with Trang Huynh.  Hong argues the district court erred in relying on the testimony of a non-party witness and that its findings conflicted with the substantial evidence of the case.  OPINION HOLDS: Finding no error of law, we affirm the court’s ruling.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (10 pages)

            Paul Belk appeals his convictions for second-degree murder.  He claims he was legally insane when he stabbed his victims and the State failed to provide sufficient evidence of malice aforethought.  He also claims he received ineffective assistance of counsel.  OPINION HOLDS: There was sufficient evidence of Belk’s sanity and malice aforethought.  We cannot consider his ineffective-assistance claims on direct appeal.

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (4 pages)

            Joseph Cruz claims the district court improperly considered the possibility his other convictions would be overturned on appeal when it ordered his ten-year sentence to run consecutively to those convictions.  OPINION HOLDS: We find the district court relied on an improper factor when sentencing Cruz.  Accordingly, we vacate his sentence and remand for resentencing before a different judge. 

            Appeal from the Iowa District Court for Sioux County, Jeffrey L. Poulson, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (28 pages)

            The Willard TeGrootenhuis Revocable Trust dated April 15, 2013 (the Trust) appeals the foreclosure decree, asks us to interpret the language of a mortgage it gave to Primebank Inc. (Primebank) to secure the debt of the trustee’s son, Scott TeGrootenhuis.  More specifically, the Trust asks us to set the order the sale proceeds are applied to the various defendants’ outstanding debts; it also challenges the ruling Primebank can recover attorney fees from the Trust.  OPINION HOLDS: Because we find no ambiguity in the relevant mortgage provisions, we agree with the district court that the contract should be applied as written.  We affirm in part and reverse in part the district court’s ruling regarding Primebank’s right to recover attorney fees from the Trust. 

            Appeal from the Iowa District Court for Johnson County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Bower, C.J.  (5 pages)

            Myron Dorsey appeals the transitional spousal support ordered upon the dissolution of his marriage to Kathryn Dorsey.  OPINION HOLDS: Finding no failure to do equity, we affirm.  Myron shall pay $10,000 toward Kathryn’s appellate attorney fees. 

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Gay Do Htoo appeals from the sentences imposed following his guilty pleas to third-degree burglary in two separate cases, arguing the district court abused its discretion in declining to grant him probation with placement at Fort Des Moines, additional time in jail, or concurrent rather than consecutive sentences. OPINION HOLDS: We affirm the imposition of those sentences as well as the decision to impose them consecutively.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Bower, C.J.  (5 pages)

            Spencer Jerrick Carter appeals the sentence imposed for his conviction for domestic abuse assault, second offense, claiming the court abused its sentencing discretion.  OPINION HOLDS: The court’s reasons for the sentence imposed were neither untenable nor unreasonable.  We affirm.

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge, and Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Rayshaun Friend appeals the denial of his motion to suppress, claiming officers did not have reasonable suspicion for a traffic stop.  OPINION HOLDS: We affirm the district court’s denial of Friend’s suppression motion and his conviction, judgment, and sentence.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the order dismissing her petition to terminate a father’s parental rights under Iowa Code chapter 600A (2022).  OPINION HOLDS: Because the mother failed to present clear and convincing evidence showing the father abandoned the child, we affirm.

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds authorizing termination, argues termination is not in the children’s best interests, and requests we apply an exception to termination and establish guardianships for the children.  OPINION HOLDS: The statutory ground authorizing termination is satisfied.  Termination is in the children’s best interests, so we decline to apply an exception to termination or to establish guardianships as an alternative to termination.