2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            A father appeals the district court’s order that he pay a postsecondary education subsidy for his daughter to attend an out-of-state college.  OPINION HOLDS: The district court’s order of a postsecondary education subsidy was proper.  However, we modify the amount of the father’s obligation.

            Appeal from the Iowa District Court for Boone County, James C. Ellefson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (11 pages)

            A wife appeals the district court’s dissolution decree, and the husband cross-appeals.  OPINION HOLDS: We modify the dissolution decree to provide the wife with transitional spousal support.  We remand for recalculation of the husband’s child support obligation in light of our spousal support award.  And we affirm the district court’s legal custody and attorney fee determinations. 

            Appeal from the Iowa District Court for Webster County, Jennifer A. Miller, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Michael appeals the denial of his application to modify the parties’ custody decree, challenging the court’s determination he failed to show a substantial change in circumstance.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Iowa County, Mitchell E. Turner, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Potterfield, S.J.*  Opinion by Badding, J.  (8 pages)

            Joshua Simmons appeals his conviction of second-offense operating while under the influence, challenging the denial of his motion to suppress evidence obtained as a result of a traffic stop.  OPINION HOLDS: Deferring to the credibility findings by the district court, we find the State met its burden to show the officer had reasonable suspicion to initiate the traffic stop.  We affirm the denial of the motion to suppress.

            Appeal from the Iowa District Court for Decatur and Wayne Counties, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Mullins, S.J.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Theresa Wynell McBroom appeals the sentences imposed following her guilty pleas to several drug offenses.  OPINION HOLDS: We discern no abuse of discretion in the court’s decision to impose consecutive sentences.  McBroom’s judgment of conviction and sentence are affirmed.

            Appeal from the Iowa District Court for Marion County, Dustria A. Relph and Stacy Ritchie, Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED, AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Jeffery Pearson appeals his convictions for domestic abuse assault and assault causing bodily injury, arguing there was no factual basis to support his guilty pleas.  He also appeals his sentences, arguing the district court abused its discretion in imposing consecutive sentences and his sentences are grossly disproportionate to his crimes.  OPINION HOLDS: Finding no good cause to grant a right to appeal based on lack of factual basis supporting Pearson’s guilty pleas, we deny the challenge to his guilty pleas and confirm his convictions.  As to sentencing, we find the court imposed an illegal sentence of more than one year in jail, so we need not address the other challenges to his sentence.  We vacate the sentences and remand for resentencing.

            Appeal from the Iowa District Court for Buchanan County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Schumacher and Greer, JJ.  Opinion by Schumacher, J.  (8 pages)

            A defendant appeals his conviction for sexual abuse in the third-degree, challenging the sufficiency of the evidence. OPINION HOLDS: We find substantial evidence supports the conviction.  We affirm. 

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Badding, P.J. (6 pages)

            Mark Richards appeals the sentence imposed on his conviction of incest, claiming the district court abused its discretion by considering improper sentencing factors.  OPINION HOLDS: We conclude Richards failed to affirmatively show that the court relied on improper sentencing factors.  So, we affirm the court’s sentencing decision.

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Vadim Shultsev appeals his sentence after pleading guilty to driving while barred.  He argues the sentencing court considered an impermissible factor, determining he should serve a longer prison sentence because he would receive better medical care than he would in the county jail.  OPINION HOLDS: Because the court could consider Shultsev’s health as a mitigating factor in making its sentencing determination, we affirm.

            Certiorari to the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  WRIT SUSTAINED, SENTENCE VACATED, AND CASE REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Bower, C.J.  (5 pages)

            On certiorari, the State challenges the legality of a criminal sentence.  OPINION HOLDS: The sentence imposed by the district court including only a fine was not legal.  We therefore sustain the writ of certiorari, vacate the sentence imposed, and remand for resentencing. 

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Tina Marie Pitts appeals her conviction for driving while barred, asserting improper notice.  OPINION HOLDS: Because notice is not a required element for the offense, we affirm.

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Robert Luckett appeals the district court’s denial of his motion to suppress.  OPINION HOLDS: Luckett’s commission of a traffic offense by failing to use his turn signal provided probable cause for a stop.  The smell of marijuana coming from the vehicle provided probable cause to search it.  The claim that hemp smells like marijuana and is legal does not negate probable cause to search for marijuana.  As the stop of Luckett and the subsequent search of his vehicle were both within constitutional bounds, the motion to suppress was properly denied.