May 2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (7 pages)

            Ron Myers appeals from the order granting summary judgment in favor of the City of Cedar Falls after concluding the city was shielded from liability by qualified immunity under Iowa Code section 670.4(1)(l) (2020).  OPINION HOLDS: There is a fact question as to whether section 670.4(1)(l) applies.  As a result, the district court erred in granting summary judgment.

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (4 pages)

            Ryan Maschmann appeals his suspended ten-year sentence for first-degree theft.  He argues that the district court erred by failing to state its reasons for that sentence.  OPINION HOLDS: While succinct, we find the court gave a reason for the chosen sentence, so we affirm.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (4 pages)

            Tyler Pohlman appeals the sentences imposed upon his criminal convictions.  OPINION HOLDS: Because the district court was correct in concluding it could not suspend the fines on these serious misdemeanors, we find no legal error or abuse of discretion and affirm the sentences. 

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Brian Barry appeals from a judicial-review proceeding affirming denial of a review-reopening petition.  OPINION HOLDS: The commissioner did not abuse his discretion in rejecting the opinion of Barry’s expert or in evaluating the expert’s use of the AMA Guides when weighing credibility.  Substantial evidence supports the commissioner’s conclusion that Barry failed to carry his burden to prove his current condition warranted reopening his earlier disability award.

            Appeal from the Iowa District Court for Buchanan County, Laura J. Parrish, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            Jamie Cole challenges the denial of his application for postconviction relief (PCR) following his 2015 conviction for indecent exposure.  On appeal, Cole claims he received ineffective assistance from trial counsel in four ways; he points to the alleged denial of his right to testify, failure of counsel to withdraw (and allow him to represent himself, as he wished), denial of access to standby counsel, and denial of his right to legal resources.  OPINION HOLDS: We agree with the district court; Cole did not prove his trial counsel provided ineffective assistance.  We affirm the denial of Cole’s PCR application. 

            Appeal from the Iowa District Court for Page County, Greg W. Steensland, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Badding, J.  (6 pages)

            On interlocutory appeal, Seanna O’Brien challenges the dismissal of her personal-injury suit against the estate of Donald Ripley and its executor as barred by the two-year statute of limitations in Iowa Code section 614.1(2) (2022).  OPINION HOLDS: We affirm dismissal, concluding O’Brien’s potential status as a reasonably ascertainable creditor of the estate has no effect on whether the matter was barred by the general statute of limitations.

            Appeal from the Iowa District Court for Monona County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Ahlers, P.J.  (8 pages)

            A beneficiary of a will appeals a ruling denying a request to remove the executor and find a no-contest clause contained in the will triggered by the executor’s submission of a later will that was ultimately found to be invalid.  OPINION HOLDS: The executor’s submission of the later will did not amount to a challenge of the will and did not trigger the no-contest clause.  The beneficiary did not establish grounds to remove the executor.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            Wanda Horacek appeals the spousal-support award in the decree dissolving her twenty-five-year marriage to Ronald (Ron) Horacek.  She contests the district court’s award of rehabilitative spousal support in the amount of $700 per month for twenty-four months, claiming she is entitled to traditional spousal support for the remainder of her life in the amount of $1500 per month.  Wanda and Ron each ask us to award them appellate attorney fees.  OPINION HOLDS: We modify the spousal-support award to give Wanda traditional alimony of $1000 per month until Ron retires or dies or Wanda remarries, cohabits, or dies—whichever occurs first.  We order Ron to pay $2000 of Wanda’s appellate attorney fees. 

            Appeal from the Iowa District Court for Linn County, Nicholas Scott, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights in this Iowa Code chapter 600A (2022) proceeding.  OPINION HOLDS: The mother abandoned the child.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            T.A., the father of the child at interest, J.T.A., appeals the juvenile court’s order terminating his parental rights in a private termination proceeding.  He claims the court erroneously found he abandoned the child.  He also contends termination is not in the child’s best interests.  OPINION HOLDS: We find clear and convincing evidence supports the court’s determination that T.A. abandoned the child.  Termination is in the child’s best interests.  We affirm.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

                A mother appeals the termination of her parental rights to two children, ages seven and ten.  She challenges the statutory grounds for termination, argues the State failed to make reasonable efforts to reunite the family, and contends it was not in the children’s best interests to terminate her rights.  OPINION HOLDS: Because of ongoing substance-abuse issues and a history of emotionally harmful behavior by the mother, and despite the State’s reasonable efforts, we find termination was supported and in the children’s best interests.  We affirm.

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to four children, contending the State failed to prove the grounds for termination cited by the district court and she should have been afforded additional time to reunify with the children.  OPINION HOLDS: We affirm the order terminating the mother’s parental rights to the four children.