2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            Holli Lillibridge appeals her conviction and sentence for a false report to a law enforcement authority.  Lillibridge asserts the court erred in denying her motion for judgment of acquittal as the charge was not supported by sufficient evidence for conviction.  She also asserts the court did not instruct the jury properly.  OPINION HOLDS: There is sufficient evidence supporting the jury’s verdict, and the jury instruction is a proper statement of the law.  We affirm.

            Appeal from the Iowa District Court for Emmet County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. (10 pages)

            Ivan Klingenberg appeals his conviction and sentence for operating while intoxicated.  OPINION HOLDS: We find sufficient evidence to support Klingenberg’s conviction, that any error in denying his right to allocution was harmless, and that Klingenberg waived his ability to challenge the district court’s decision to postpone making a determination of his ability to pay category “B” restitution.

            Appeal from the Iowa District Court for Bremer County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (6 pages)

            A creditor brings a deficiency judgment action against a debtor.  OPINION HOLDS: Because the creditor failed to establish compliance with a statutory notice requirement, the district court did not err by finding for the debtor. 

            Appeal from the Iowa District Court for Buchanan County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (12 pages)

            A defendant appeals his conviction and sentence for violating the terms of the sex offender registry.  He contends there is insufficient evidence that he had the requisite knowledge of the requirements imposed by the registry.  He also alleges the district court considered an improper factor when sentencing him.  OPINION HOLDS: We find sufficient evidence to affirm the conviction and conclude the district court did not consider an improper factor during sentencing.  We affirm.

            Appeal from the Iowa District Court for Muscatine County, John Telleen, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (7 pages)

            David Hering appeals the dismissal of his third application for postconviction relief (PCR) as untimely.  He essentially argues (1) his actual-innocence claim serves as a new ground of fact excepting him from the statute of limitations contained in Iowa Code section 822.3 (2018); (2) the statute of limitations violates equal protection; (3) ineffective assistance of prior PCR counsel should completely override the statute of limitations; (4) he presented new grounds of law excepting him from the statute of limitations;  (5) the PCR court erred or abused its discretion by not ruling on claims he raised pro se while represented by counsel; and (6) his PCR counsel was ineffective in failing to raise meritorious arguments and ensure they were preserved for appeal.  OPINION HOLDS: Finding no cause for reversal on the issues properly preserved and presented for our review, we affirm.

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (16 pages)

            A husband appeals the district court decision granting a dissolution rather than an annulment of his marriage.  He contends the marriage should be annulled because it was prohibited by law and both parties are impotent.  OPINION HOLDS: We find the husband did not prove either statutory ground for annulment, so we affirm the decree. 

            Appeal from the Iowa District Court for Linn County, Mary Chicchelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Scott, S.J.  Chicchelly, J., takes no part.  Opinion by Scott, S.J.  (6 pages)

            James Maclin appeals the dismissal of his application for postconviction relief (PCR), asserting trial counsel offered constitutionally deficient representation in failing to present expert testimony on the issue of diminished capacity, by “opening the door” to prior-bad-acts testimony, and failing to request a more specific answer to a jury question about lesser-included offenses.  OPINION HOLDS: Because Maclin has not proved his ineffective-assistance-of-counsel claims, we affirm the dismissal of his PCR application.

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART, and VACATED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  Tabor, J., takes no part.  (10 pages)

            A father appeals both the district court’s denial of the petition to terminate C.S.’s guardianship with his maternal aunt and uncle as well as the termination of parental rights under Iowa Code chapter 600A (2020).  OPINION HOLDS: The order establishing guardianship is void because the father did not receive proper notice.  However, the aunt and uncle had standing to file the termination petition as C.S.’s custodians.  Termination of the father’s parental rights was in C.S.’s best interests. 

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (2 pages)

            James McKiernan appeals from a summary judgment ruling.  The district court determined the statute of limitations lapsed, McKiernan’s claim was barred by issue preclusion and claim preclusion, and McKiernan failed to present an issue of material fact to establish a valid breach-of-contract claim.  OPINION HOLDS: We conclude summary judgment was properly granted and affirm without further opinion.

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (22 pages)

            Israel Moreno appeals a decree establishing legal custody, physical care, visitation, and child support concerning the child he shares with Gina Lynch.  He claims the court erred by (1) not allowing him to introduce certain evidence; (2) not allowing him to cross-examine Lynch; (3) awarding Lynch sole legal custody and physical care; (4) placing onerous conditions on his visitation, failing to award him more visitation, and impermissibly delegating its powers to expand visitation; and (5) awarding Lynch attorney fees.  He also requests increased visitation and modifications to the legal-custody provisions of the decree.  OPINION HOLDS: We affirm on all of the evidentiary issues raised by Moreno.  We also affirm the district court’s decision to place the child in Lynch’s sole legal custody and physical care.  To the extent that the decree restricted Moreno from accessing certain records of the child’s, we modify the decree to allow Moreno legal access to the child’s medical, educational, and law enforcement records.  We affirm the visitation plan ordered by the district court and the award of attorney fees in favor of Lynch.  Costs on appeal are taxed to Moreno.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Bower, C.J.  (6 pages)

            The Estate of Herbert Knop appeals the dismissal of its claim against Mercy Health Services Iowa Corp.  OPINION HOLDS: Because a certificate of merit affidavit was necessary to establish the prima facie medical negligence injury claim against a healthcare provider, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (6 pages)

            Tenants appeal the grant of summary judgment for a rental company in this premises liability action.  OPINION HOLDS: We affirm because the tenants have not shown the district court erred.