April 2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Marion County, Erica Crisp, District Associate Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Scott, S.J.  Opinion by Scott, S.J.  (10 pages)

            A father appeals the termination of his parental rights to his two children.  OPINION HOLDS: Because grounds for termination exist and termination is in the children’s best interests, we affirm.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Tanner Hart appeals his conviction for third-degree sexual abuse, arguing the district court should have struck a prospective juror for cause.  He also contends trial counsel was ineffective.  OPINION HOLDS: Because Hart fails to provide authority in support of his jury challenge, we dismiss his appeal.  We cannot address the ineffective-assistance claim on direct appeal. 

              Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

              Fermin Maldonado appeals from his convictions for sexual abuse in the third degree and burglary in the first degree.  He argues the evidence is insufficient to support either of his convictions.  OPINION HOLDS: We find substantial evidence to support both verdicts.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            Green Family Flooring, Inc. (Green) appeals the district court’s decision finding Pistol Limited Co. (Pistol) did not breach the right of first refusal in the parties’ lease agreement.  OPINION HOLDS: Pistol could not defeat Green’s right of first refusal by requiring them to buy a larger property as part of a package deal.  A package deal cannot defeat a right of first refusal.  We reverse the decision of the district court and remand for further proceedings.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

            Michael Denson was convicted by jury trial of assault on persons in certain occupations causing bodily injury and interference with official acts resulting in bodily injury.  He contends there was insufficient evidence he was aware the victims were peace officers performing lawful acts within their authority.  He also contends the State violated the motion in limine.  OPINION HOLDS: Finding no merit in either claim, we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Dale Paulsen appeals the decree dissolving his marriage to Teresa Gilliam, contending the district court should have awarded him (1) a portion of the increase in equity in Teresa’s home, (2) the appreciation in Teresa’s retirement accounts, (3) a credit for half the difference in the funds each withdrew from a joint bank account; and (4) a credit for Teresa’s alleged dissipation of assets.  OPINION HOLDS: We affirm the dissolution decree entered by the court.

              Appeal from the Iowa District Court for Black Hawk County, Melissa A. Anderson-Seeber, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

              Daniel Smith appeals from his convictions and sentence for attacking a woman with a knife.  OPINION HOLDS: Smith failed to preserve error on his challenges to the timeliness of the amended trial information and to possible juror bias.  The court properly considered the relevant sentencing factors, and we find no abuse of discretion in the sentence imposed.

            Appeal from the Iowa District Court for Tama County, Lars G. Anderson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Jose Julian Ovides Sanchez appeals his conviction for operating while intoxicated first offense.  He contends the court erred in denying his motion to suppress.  OPINION HOLDS: The district court properly denied the motion, so we affirm. 

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (7 pages)

            Adam Wade appeals his sentence for delivery of five grams or less of methamphetamine.  He claims the State breached the plea agreement by not fully supporting the joint sentencing recommendation.  OPINION HOLDS: The prosecutor breached the plea agreement by merely reciting rather than recommending the proposed sentence and by expressing implicit reservations about the joint sentencing recommendation by highlighting negative facts without further explanation.  We must vacate the sentence and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. (8 pages)

            Bobby Hunt Jr. appeals his convictions and sentences on two counts of homicide by vehicle.  OPINION HOLDS: I. Because sufficient evidence supports a finding that Hunt’s intoxication caused Marietta’s death, we affirm Hunt’s conviction of homicide by vehicle by operating under the influence.  II. Based on the “one homicide” rule, we vacate the judgment and sentence entered on Hunt’s conviction of homicide by reckless driving and remand for the entry of a corrected judgment and sentencing order.

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Per Curiam, J.  (9 pages)

            L.H. appeals a district court order continuing his civil commitment.  He contends counsel was ineffective for failing to move to recuse the judge, failing to object to a periodic report, and failing to adequately challenge his commitment.  He also challenges the sufficiency of the evidence.  OPINION HOLDS: We find counsel was not ineffective.  Sufficient evidence supports L.H.’s continued commitment.  We affirm. 

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            Kenneth Crews appeals his convictions for two counts of lascivious acts with a child.  He alleges there was insufficient evidence to support the guilty verdicts and the district court abused its discretion in selecting a jury instruction on implicit bias.  OPINION HOLDS: We affirm because substantial evidence supports the verdicts and the district court did not abuse its discretion.