2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Derrick Shafer appeals the denial of his application for postconviction relief, arguing the court erred in rejecting his claims of ineffective assistance of counsel.  OPINION HOLDS: We agree with the district court that counsel was not ineffective as alleged and affirm the denial of Shafer’s application.

            Appeal from the Iowa District Court for Marshall County, Kurt Stoebe, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Tony Reed appeals the district court’s finding that he breached an oral lease agreement.  Reed argues: (1) the district court relied on impermissible hearsay statements; (2) the court improperly shifted the burden of proof to him; (3) the court’s findings are not supported by substantial evidence; and (4) plaintiff-appellee failed to adequately prove her damages.  OPINION HOLDS: Any errors regarding the hearsay statements were harmless, the district court did not shift the burden of proof, substantial evidence supports the court’s findings, and plaintiff-appellee proved her damages. 

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Carr, S.J.  Chicchelly, J., takes no part.  Opinion by Badding, J.  (7 pages)

            The plaintiffs appeal a summary judgment ruling dismissing their petition for failure to timely serve the defendant.  OPINION HOLDS: On our review of the record, no genuine issue of material fact existed and summary judgment was appropriate.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            Darren Petro appeals the denial of his petition for judicial review challenging the administrative closure of his complaint with the Davenport Civil Rights Commission (DCRC).  OPINION HOLDS: Petro was required to file his petition for judicial review within thirty days of the administrative closure of his complaint with the DCRC.  Because he failed to do so, his petition is not timely, and we do not consider his due-process claim.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (5 pages)

            Gerald Tutson Jr. appeals following a guilty plea to second-degree robbery and felon in possession of a firearm as a habitual offender, claiming he “did not understand that his 10 year sentenc[e] for robbery 2nd and the 15 year sentence for felon in possession, habitual offender status, could be run consecutive for a total of 25 years” and he “also did not understand that . . . the mandatory minimums would have to be served for a total of 10 years.”  OPINION HOLDS: We affirm Tutson’s conviction, judgment, and sentence.

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            A father appeals from the termination of his parental rights in a private termination action.  He claims the mother prevented him from having any contact with the child and he could not afford to pay child support.  OPINION HOLDS: Because the father did not attempt to visit the child or communicate with the child, we conclude the father’s absence from the child’s life was not the result of the mother’s interference.  The father’s failure to pay child support was not the result of good cause.  And termination is in the child’s best interest.

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Chicchelly, J.  (11 pages)

            Joshua James Shirbroun appeals the modification of a default decree dissolving his marriage to Trina Lynn Shirbroun.  Joshua contends the district court should have terminated his spousal support obligation and that it incorrectly calculated his child support payments.  OPINION HOLDS: Because Trina has demonstrated an ongoing need for spousal support and Joshua has failed to prove a substantial change in circumstances from the child support ordered, we affirm the district court’s modification of the dissolution decree.  We furthermore award Trina $7500 in appellate attorney fees.

            Appeal from the Iowa District Court for Cass County, Gary Anderson, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (4 pages)

            A father appeals the private termination of his parental rights.  OPINION HOLDS: The father failed to preserve his claim relating to the juvenile court judge’s review of transcripts of proceedings before a different juvenile court judge.  The mother proved termination is in the child’s best interest.

            Appeal from the Iowa District Court for Scott County, Tamra J. Roberts, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (4 pages)

            Tyrelle Richardson appeals his sentence, claiming the district court abused its discretion when it sentenced him to prison rather than probation.  OPINION HOLDS: We determine the district court did not abuse its discretion.  We affirm.  

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Stephen Wink appeals the consecutive sentences imposed following his guilty pleas, arguing the district court violated his federal and state due process rights by sentencing him without the use of a presentence investigation report.  OPINION HOLDS: Although Wink could not waive the creation of a presentence investigation report, long-standing case law allowed him to waive its use for sentencing purposes.  We affirm the sentences imposed by the district court. 

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Kyle Hardie appeals from the district court’s dismissal of contempt proceedings he initiated against his former wife, Michelle Hardie.  OPINION HOLDS: We find no abuse of discretion in the trial court’s finding that Michelle was not in contempt or in its admission of the adult child’s relevant testimony.  We also find no constitutional violation in the court’s post-ruling, equal assessment of costs between the parties for the children’s mental-health counseling report.  Accordingly, we affirm on all three grounds, and we decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Richard Hruska appeals from an order granting summary judgment and denying his claim against his mother’s estate.  OPINION HOLDS: While the district court entered an early order without notice, the court vacated the order and entered a new, timely ruling when no notice was required.  Because the issue is moot, we dismiss this appeal.