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 May, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            The defendant challenges the sentence imposed upon his plea of guilty to domestic abuse assault while using or displaying a dangerous weapon and harassment in the first degree.  OPINION HOLDS: The district court did not abuse its discretion in considering information in the victim impact statement in determining an appropriate sentence to impose.

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Chad Wile appeals the district court’s modifications to the custody and visitation provisions of the parties’ dissolution decree.  OPINION HOLDS: We affirm as modified.

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham II, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (11 pages)

            Angella Ferguson appeals the physical care, spousal support, and financial provisions in the dissolution decree ending her marriage with Bruce Ferguson, as well as the court’s denial of her request for trial attorney fees.  OPINION HOLDS: We affirm the physical care and financial provisions from the dissolution decree, modify the spousal support and trial attorney fee rulings, and deny Angella’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Lori and Dale Kellar appeal the district court’s ruling granting summary judgment in favor of Broadlawns Medical Center Foundation on the Kellars’ medical malpractice action.  The Kellars raise several challenges to the district court’s determination that they failed to submit expert testimony sufficient to support their claims within the time frame set forth in Iowa Code section 668.11 (2020).  OPINION HOLDS: The summary judgment ruling in favor of Broadlawns is affirmed.

            Appeal from the Iowa District Court for Delaware County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Scott Klaren appeals the district court’s order granting physical care to Sheila Klaren and the distribution of property in their dissolution proceedings.  OPINION HOLDS: The district court properly declined to award joint physical care, instead awarding Sheila physical care of the children with visitation to Scott.  The district court’s property valuation and distribution was equitable.

            Appeal from the Iowa District Court for Johnson County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Christopher Smead appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Because Smead has not established a viable exception to overcome the three-year limitations period, the application is time-barred.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            Nathaniel McCory appeals the entry of a final protective order following Mara Budweg’s petition for relief from domestic abuse.  He argues the district court’s finding that he committed domestic abuse assault against Mara is not supported by substantial evidence.  OPINION HOLDS: We find the evidence insufficient to prove an assault.  We reverse the decision of the district court and remand for cancellation of the protective order and dismissal of Mara’s petition.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (5 pages)

            Carl West appeals a district court’s denial of his postconviction relief application, alleging ineffective assistance of counsel.  OPINION HOLDS: West failed to meet his burden necessary for postconviction relief.  Accordingly we affirm. 

            Appeal from the Iowa District Court for Story County, John R. Flynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            David Willett appeals the amount and duration of alimony awarded to Jami Willett in the dissolution decree, as well as the requirement he maintain life insurance.  OPINION HOLDS: Finding no failure to do equity, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J. (4 pages)

            Ronnie Bradley appeals his sentence, arguing the district court used a fixed sentencing policy and failed to consider mitigating factors in reaching its decision.  OPINION HOLDS: Because the sentence imposed was within the district court’s discretion and not the result of a fixed policy, and because Bradley has not established a defect in the sentencing proceedings, we affirm.

            Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A defendant appeals the sentence imposed by the district court after his guilty plea entered pursuant to a plea agreement.  OPINION HOLDS: Because we find no breach of the plea agreement by the prosecutor or abuse of discretion by the district court, we affirm the sentence. 

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            Dijonis Burkett Brown appeals from the dismissal of his postconviction-relief application.  He claims the dismissal, based on his counsel’s failure to appear at trial, amounts to structural error.  OPINION HOLDS: Structural error occurred, requiring the district court’s dismissal to be reversed and remanded.