April 2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            Rodney Jackson appeals the summary disposition of his application for postconviction relief claiming he received ineffective assistance of counsel when he pleaded guilty to assault on a healthcare worker.  OPINION HOLDS: Although Jackson presented genuine questions of material fact as to whether counsel’s performance was deficient, he failed to present a question of fact as to any resulting prejudice, i.e. he failed to present evidence he would have rejected the plea offer and insisted on going to trial absent counsel’s purported failures.  Because Jackson failed to generate a question of fact as to one of the required elements of an ineffective-assistance-of-counsel claim, the court correctly granted the State’s motion for summary judgment.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J. (5 pages)

            Miguel Ruiz Jr. appeals the sentences imposed on his convictions, arguing the district court abused its discretion by relying on an improper sentencing factor.  OPINION HOLDS: Finding the court did not abuse its discretion by relying on an improper sentencing factor, we affirm. 

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (17 pages)

            Mark Den Hartog, a chiropractor, appeals from an Iowa Code chapter 17A (2019) proceeding reviewing the Iowa Department of Health and Human Services termination of his participation in the Iowa Medicaid program and the order requiring him to repay Medicaid payments made to him for services that he could not support with adequate documentation.  OPINION HOLDS: The department provided Den Hartog sufficient notice of his termination, correctly determined Den Hartog had to comply with the documentation requirements in Iowa Administrative Code Rule 441-79.3(2)(c)(2), and had the authority to investigate and sanction Den Hartog.  Iowa Administrative Code rules 441-79.2(2)(i), (l), and 441-79.3(2) are not unconstitutionally vague.  Den Hartog is not entitled to attorney fees. 

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            A postconviction-relief applicant appeals from a partial summary disposition ruling for the State.  OPINION HOLDS: Because the summary disposition ruling did not dispose of the entire case, we conclude the appeal is interlocutory.  Treating the appeal as an application for interlocutory review, we deny the request and dismiss the appeal.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (3 pages)

            Caeden Tinklenberg appeals the denial of his combined motion for judgment notwithstanding the verdict and new trial.  OPINION HOLDS: Tinklenberg failed to preserve error on his claims.  So we have nothing to review and, therefore, affirm.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Buller, JJ.  Opinion by Bower, C.J.  (17 pages)

            The Estate of Steven Anderson appeals from an adverse judgment in this medical malpractice case against Praveen Prasad, M.D., and the Iowa Surgery Center, P.C., claiming the district court abused its discretion in allowing Dr. Prasad to testify regarding the standard of care when he was not designated as an expert under Iowa Code section 668.11 (2019).  OPINION HOLDS: Finding no error of law or abuse of the court’s discretion in ruling on evidentiary matters, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (12 pages)

            Robbie Hess appeals his conviction for first-degree kidnapping.  OPINION HOLDS: I. Substantial evidence supports the jury’s finding that Hess removed B.M. and the removal occurred in Iowa.  II. The weight of the evidence supports the jury’s findings regarding removal and jurisdiction, as well as the finding that B.M. was incapacitated.  III. Hess did not preserve error on his challenge to the jury instruction.  Regardless, any error was not prejudicial.

            Appeal from the Iowa District Court for Appanoose County, Daniel P. Wilson, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Landowners Richard and Linda Scholtus appeal a declaratory judgment confirming the validity of certain restrictive covenants to real property.  Despite the statutory expiration of the original restrictive covenants, the district court found new restrictive covenants were duly adopted by the Parkside Knolls-South Homeowners Association in 2003.  OPINION HOLDS: Because the Scholtuses did not manifest assent to the 2003 covenants, we find they did not form a contract and are invalid.  We reverse the contrary ruling of the district court and remand for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Trell Grant appeals his sentence following a guilty plea.  OPINION HOLDS: The district court considered permissible factors when sentencing Grant.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling and Wyatt P. Peterson, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Jonathan Klein appeals his conviction for failure to comply with sex offender registry requirements, challenging the sufficiency of the evidence to support the conviction and the court’s denial of his motion to substitute counsel.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Damion Rutues appeals a district court determination that he was a sexually violent predator, contending the record lacks sufficient evidence to support the determination.  OPINION HOLDS: Substantial evidence supports the district court’s determination that Rutues was a sexually violent offender.  Accordingly, we affirm the court’s civil commitment order.

            Appeal from the Iowa District Court for Dickinson County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Elijah Paulson appeals his convictions for second-degree sexual abuse, lascivious acts with a child, and child endangerment.  He challenges the sufficiency of the evidence supporting his convictions.  OPINION HOLDS:  Because substantial evidence supports his convictions when viewed in the light most favorable to upholding the verdicts, we affirm.