2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Des Moines County, Mark Kruse, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (7 pages)

            Corina Shipp appeals the physical care provisions of her dissolution decree.  OPINION HOLDS: Like the district court, we conclude the father should have physical care of the parties’ child.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            Matthew McGuire appeals following the district court’s grant of summary disposition on his fourth application for postconviction relief.  He argues he “is entitled to a hearing to determine if the life without parole sentence upon him is grossly disproportionate to the crime he committed and is, thus, cruel and unusual punishment under the Iowa Constitution thereby making his sentence illegal,” a claim he raises for the first time on appeal.  OPINION HOLDS: We affirm the entry of summary disposition on McGuire’s application for postconviction relief, and we reject his challenge to his sentence as illegal.

            Appeal from the Iowa District Court for Butler County, Gregg R. Rosenbladt, Judge.  AFFIRMED AS MODIFIED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, J.  (13 pages)

            Michele Oldenburger appeals the financial provisions of the decree dissolving her marriage to Keith Oldenburger.  OPINION HOLDS: We modify the dissolution decree to require Keith to pay Michele a total of $2,347,415.92 in five equal installments of $457,024.36 over a period of five years, with the first payment to be made 180 days after procedendo issues and each payment thereafter to be made one year following the previous payment.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A father appeals the district court order terminating his parental rights following a petition filed by the mother under Iowa Code chapter 232 (2019).  OPINION HOLDS: We find the district court did not have subject matter jurisdiction to consider the termination petition filed by the mother because she did not have standing to seek termination of the father’s parental rights under chapter 232.  We reverse the decision of the district court and remand with directions to dismiss the petition.

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Jason Bringus appeals the denial of his application for postconviction relief, claiming his plea attorney “breached an essential duty by failing to procure a medical expert to testify on [his] behalf.”  OPINION HOLDS: We affirm the denial of Bringus’ postconviction-relief application.

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (8 pages)

            Jonathan Gordon challenges the summary disposition of his postconviction-relief (PCR) petition.  OPINION HOLDS: Gordon failed to present genuine issues of material fact for any of his three PCR claims.  So summary disposition was proper.  We affirm.

            Appeal from the Iowa District Court for Poweshiek County, Lucy G. Gamon, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            Kelly Scott, formerly Kelly McClenathan, appeals the district court decision denying her application for modification of the child custody provisions of the parties’ dissolution decree.  OPINION HOLDS: Kelly has not shown a material change in circumstances outside of the court’s contemplation at the time of the dissolution decree nor the ability to provide superior care for the children at issue.  So we affirm the district court.  We also deny Kelly’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Clarke County, John D. Lloyd and Elisabeth Reynoldson, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (5 pages)

            Alexa Gibson appeals from the temporary child support order where the court ordered joint physical care.  OPINION HOLDS: We discern no error requiring a modification of the temporary support order.  We therefore affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Carlson Schindler appeals following a ruling on his petition to modify a dissolution decree, arguing the district court “abused its discretion in awarding [Brandi Preul] attorney fees” and in ordering him “to pay the attorney fees for representation of the minor child.”  OPINION HOLDS: We affirm the district court’s attorney fee awards to Preul and the child’s attorney, and we conclude Schindler should pay the entirety of Preul’s $7700 appellate attorney fee bill. 

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

            Michael Proffitt appeals his sentences for two counts of felony stalking.  He argues that the district court should have granted him probation.  OPINION HOLDS: Given Proffitt’s criminal history and the pervasive nature of his acts, the court exercised proper discretion by imposing incarceration rather than probation.  We affirm. 

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  REVERSED.  Considered by Schumacher, P.J., and Ahlers, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (11 pages)

A father appeals from the modification of a joint physical care arrangement.  OPINION HOLDS: Upon our de novo review, we find there has not been a substantial and material change in circumstances warranting a modification in the physical care provisions of the parties’ original decree. 

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

A defendant appeals his conviction and sentence for possession with intent to distribute, claiming the district court violated his due process rights by not conducting an in-person plea colloquy.  He also contends the court improperly sentenced him to prison, rather than a term of probation.  OPINION HOLDS: We affirm.