2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Dr. Mark B. Irland appeals the dismissal of his petition for judicial review regarding a confidential clinical competency evaluation ordered by the Iowa Board of Medicine (the “Board”).  OPINION HOLDS: Because Dr. Irland has not overcome the doctrine of exhaustion of administrative remedies or satisfied the requirements for immediate judicial review, there is no jurisdiction for judicial review at this time.  We affirm the district court's order granting the Board’s motion to dismiss.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Trenton Michael Brown appeals his convictions on charges of disarming a police officer with discharge of a weapon, assault on a police officer causing bodily injury, and fourth-degree criminal mischief.  OPINION HOLDS: Because substantial evidence did not raise concerns about Brown’s competency following the initial competency evaluation, the district court had no duty to inquire further into Brown’s competency.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages).

            Jeanne Brown appeals her sentence following her guilty plea.  OPINION HOLDS: The sentencing court did not misinterpret the presentence investigation report.  And the court did not abuse its discretion by declining to adopt the sentencing recommendation in the presentence investigation report or the parties’ sentencing recommendation.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother challenges the private termination of her parental rights, alleging she did not receive statutorily required notice of her right to counsel and or of a videoconference hearing.  OPINION HOLDS: The notice served on the mother did not comply with statutory requirements; therefore, we reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, J.J.  Opinion by Schumacher, J.  (17 pages)

            A former spouse appeals from a dissolution decree, claiming the district court improperly enforced a premarital agreement and awarded her insufficient spousal support.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Tama County, Nicholas Scott, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (9 pages)

            Curtis Walter appeals his conviction for operating while intoxicated.  He argues the evidence supporting his conviction is insufficient to show he was under the influence of a drug.  OPINION HOLDS: Finding the evidence sufficient to support Walter’s conviction, we affirm. 

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED AS MODIFIED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (19 pages)

            Julie Davis appeals from the dissolution decree that ended a fifty-six-year marriage.  OPINION HOLDS: The district court properly excluded the former husband’s gifted property from the marital estate, and, given the circumstances, the allocation was equitable.  But given the lopsided distribution, we increase the spousal support award.  Attorney fees are denied.

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (2 pages)

            Matthew Fell appeals the district court’s acceptance of his guilty plea and imposition of a judgment because his plea was not knowingly, voluntarily, and intelligently entered and he received ineffective assistance of standby counsel.  OPINION HOLDS: Fell cannot establish good cause to appeal from his guilty plea because he waived his right to file a motion in arrest of judgment after being adequately advised of his right to do so, and this court is without authority to decide ineffective-assistance claims on direct appeal.

              Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  Dissent by Vaitheswaran, J.  (6 pages)

            Rick Petro appeals the extension of a no-contact order prohibiting him from contacting his former spouse.  OPINION HOLDS: Because substantial evidence in the record supports the district court’s perception of a continuing threat, we affirm the five-year extension of the no-contact order.  DISSENT ASSERTS: I respectfully dissent.  I would conclude there is insubstantial evidence to support extension of the no-contact order.

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            In this review-reopening action, an employer and its insurer appeal the district court’s reversal of the workers’ compensation commissioner’s grant of summary judgment in their favor.  OPINION HOLDS:  Because we agree the commissioner erred in granting the employer’s motion for summary judgment, we affirm with directions to remand to the agency for further proceedings.

            Appeal from the Iowa District Court for Ringgold County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (15 pages)

            Dan Sickels appeals a district court ruling granting a petition for partition of real property by sale and the court’s award of the net proceeds.  Sickels argues the court erred in determining his interest in the property as a joint tenant with full rights of survivorship was divested and not awarding him one-half of the proceeds from the sale.  OPINION HOLDS: Finding no error in the court’s determination that the joint tenancy was severed or in its award of the net proceeds, we affirm. 

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (5 pages)

            James Wheeler appeals a summary judgment ruling dismissing his petition to foreclose a mechanic’s lien.  OPINION HOLDS: James’s claim is an impermissible collateral attack on the probate court’s ruling extinguishing all liens on the property, and we affirm.