2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (5 pages)

            Russell Larson appeals his convictions on two counts of second-degree sexual abuse, arguing his confession is insufficient to support his convictions absent sufficient other proof to corroborate his confession.  OPINION HOLDS: Being accompanied by other proof that he committed the offense, Larson’s confession was sufficient to support his convictions.  We affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Beau Gries appeals his methamphetamine conviction, arguing the State did not prove possession.  OPINION HOLDS: A reasonable jury could find Gries possessed methamphetamine.  We affirm. 

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (5 pages)

            Jeremiah Collins pled guilty to carrying weapons and first-degree theft.  The district court sentenced Collins to two years and ten years, respectively, suspended both sentences, and placed Collins on probation.  The court indicated Collins would serve the imposed sentences consecutively if his probation was revoked in the future.  Collins appeals, arguing the court failed to state reasons for imposing consecutive terms.  OPINION HOLDS: The district court was required to give reasons for imposing consecutive terms—even when it suspended them.  Because the court failed to do so, we vacate Collins’s sentences and remand for resentencing. 

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge. AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (18 pages)

            Kading Properties, LLC appeals from the annulment of their writ of certiorari following the Indianola City Council’s denial of their development site plans.  It argues the Council was required to make specific findings of fact, its decision was arbitrary and capricious against substantial evidence, and it acted beyond the scope of its powers.  OPINION HOLDS: The Council was required to provide their reasoning when denying Kading’s site plan.  But, as this was a directory duty rather than mandatory, the failure does not invalidate the proceedings.  The Council had evidence to support its decision, and was not acting outside of its given powers. 

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher, J. and Doyle, S.J.  Opinion by Schumacher, J.  (6 pages)

            Heather Swanson appeals her conviction for theft in the third degree, contending there is insufficient evidence she had the intent to permanently deprive the owner of their property. OPINION HOLDS: We find substantial evidence supports her conviction.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Michael Coon challenges the sufficiency of the evidence supporting the jury’s convictions on two counts of second-degree sexual abuse and one count of child endangerment.  OPINION HOLDS: There is substantial evidence to support all three of the jury’s convictions.    

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (12 pages)

            Brett Diercks appeals from the decree modifying the parties’ parenting schedule.  OPINION HOLDS: The district court properly granted the mother extended parenting time during the summer and properly required the parents to utilize a shared calendar for the children’s extracurricular activities without assigning priority to those activities on the calendar.  Further, the district court did not abuse its discretion in denying the father’s presentation of additional witnesses.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Scott, S.J.  Opinion by Ahlers, J.  (11 pages)

            The mother appeals the district court’s grant of physical care to the child’s father.  OPINION HOLDS: The district court properly determined it is in the child’s best interests to be placed in the physical care of the father.

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., May, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            Kyle Mahoney appeals a temporary child support order, contending the district court erred in “adopting Tamara [Mahoney]’s calculations” regarding the amount of his income “without any written findings or explanation as to how this amount was appropriate or necessary to do justice between the parties.”  OPINION HOLDS: We reverse and remand for the court to consider whether it is appropriate to find the guidelines amount would be “unjust or inappropriate” under the child support guidelines set forth in Iowa Court Rule 9.11.

            Appeal from the Iowa District Court for Fremont County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            Kenneth Brown appeals the district court’s order granting summary judgment in favor of Cavalry SPV I, LLC, a debt collector.  Brown argues the district court erred in (1) “finding that there was a binding agreement” with Citibank, N.A. “because there is no signed agreement or evidence of an oral or implied agreement” and (2) “awarding compensation for the claims in an amount that was not determinable.”  OPINION HOLDS: We conclude Brown did not generate an issue of material fact precluding entry of summary judgment and the district court did not err in granting summary judgment in favor of Cavalry.

            Appeal from the Iowa District Court for Hardin County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (8 pages)

            Jacob Manship appeals the economic terms of the dissolution decree.  OPINION HOLDS:  The spousal support and attorney fee awards were equitable.  But given Jacob’s capacity to pay, we deny fees on appeal.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (12 pages)

            Santenio Ackiss appeals the denial of his application for postconviction relief (PCR) following his conviction for one count of child endangerment and one count of child endangerment causing bodily injury.  He argues he received ineffective assistance from trial counsel when trial counsel failed to make hearsay, Turecek, or Confrontation Clause objections to body camera footage allowed into evidence.  He also argues his counsel was ineffective in guiding him to waive his right to a jury trial.  OPINION HOLDS: Ackiss’s trial counsel breached no essential duty by not making meritless objections at trial.  Ackiss has failed to prove he suffered prejudice in having a bench trial rather than a jury trial.  We affirm the district court’s denial of his application for PCR.