2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Carroll County, Adria Kester and Gina Badding, Judges.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Badding, J., takes no part.  Opinion by Doyle, S.J.  (9 pages)

            Brice Shrimpton appeals from his conviction of second-degree burglary claiming insufficient evidence and that the court considered an improper factor in sentencing him.  OPINION HOLDS: Viewing the evidence in a light most favorable to the State and the verdict, as we must, we find the evidence was sufficient to convince a rational jury that Shrimpton had the specific intent to commit an assault when he broke into the home.  The court’s consideration of Shrimpton’s lack of remorse for prior offenses is not grounds for vacation of the sentence.

            Appeal from the Iowa District Court for Jones County, Paul D. Miller, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (8 pages)

            The plaintiffs appeal the dismissal of their petition due to a forum-selection clause.  OPINION HOLDS: Based on the record properly before us on a motion to dismiss, the forum-selection clause provides no bar to the plaintiffs pursuing and developing their claims in Iowa courts.

            Appeal from the Iowa District Court for Clayton County, Alan Heavens, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Luana Savings Bank appeals the district court’s order granting judgment in favor of John Eveland regarding a tax sale, right of redemption, and issuance of a tax deed.  OPINION HOLDS: We conclude Eveland satisfied the requirements of Iowa Code sections 447.9 and .12 (2019) and was entitled to a tax deed, and we affirm the court’s order.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (20 pages)

            James Butler appeals the dismissal of his action against doctors and their employers based on his failure to substantially comply with the certificate-of-merit-affidavit requirement of Iowa Code section 147.140 (2020).  He contends the defendants waived their right to receive the affidavit by engaging in discovery before the deadline, that he substantially complied with the statute, and that expert witnesses were unnecessary for several claims.  OPINION HOLDS: We find the statute does not have a waiver provision.  We also find no substantial compliance.  Finally, because Butler needed expert witness testimony to establish each of his claims, section 147.140 applied, and the district court correctly dismissed the entire suit.

            Appeal from the Iowa District Court for Hamilton County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (12 pages)

            Alanna Black appeals the decree dissolving her marriage to David Black, challenging the district court’s award of physical care of the parties’ two children to David.  Alternatively, she requests expanded visitation.  OPINION HOLDS: Finding no cause for modifying the district court’s decree based on the issues raised on appeal, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (6 pages)

            Ashlie Rosales appeals from her conviction for possession of methamphetamine, first offense.  She argues that insufficient evidence existed to prove she had knowing possession of the methamphetamine.  OPINION HOLDS: Sufficient evidence existed to allow a rational jury to find Rosales was in constructive possession of methamphetamine.

            Appeal from the Iowa District Court for Polk County, Jeanie Kunkle Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (19 pages)

            Attorney Michael Sellers appeals from the district court’s confirmation of an award decision from the Polk County Bar Association Attorney Fee Arbitration Committee following a fee dispute with Dr. Amit Gupta.  Gupta, in turn, states the district court should have awarded him prejudgment interest, attorney fees, and costs.  OPINION HOLDS: Because Sellers waived potential conflicts with an arbitrator and the Arbitration Committee remained within its proper scope, we affirm the district court’s confirmation of the award.  Further, Gupta did not establish a path for prejudgment interest and the court did not abuse its discretion by declining to award attorney fees and costs.  

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Chantell Grimm appeals her conviction for possession of methamphetamine, arguing the district court abused its discretion in allowing certain evidence to reach the jury.  OPINION HOLDS: The evidence was relevant to whether Grimm knowingly possessed methamphetamine.  And although it was inherently prejudicial, we cannot find its probative value was substantially outweighed by the danger of unfair prejudice or that the district court abused its discretion by admitting it.

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (6 pages)

            Danny Church appeals his sentence.  He argues the district court relied too heavily on the nature of his offense, downplaying several mitigating factors.  OPINION HOLDS: The sentencing court considered the sentencing factors and did not abuse its discretion by weighing some factors more heavily than others.  We affirm.

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            Trish Beck, now known as Trish Halder, appeals the district court’s ruling modifying physical care of her daughter.  OPINION HOLDS: Because returning the child to the parties’ joint physical care was in the child’s best interests, we affirm the modification ruling.  

            Appeal from the Iowa District Court for Cass County, Margaret Reyes, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Brady Murphy appeals the denial of his motion to suppress evidence based on the allegedly unlawful stop of his vehicle.  OPINION HOLDS: Because we conclude there was no reasonable suspicion to support a traffic stop under the circumstances presented, we reverse the district court’s suppression ruling, vacate Murphy’s conviction and sentence, and remand for further proceedings. 

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

            Henry Myles appeals the imposition of consecutive sentences upon his criminal convictions.  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentences imposed.