September 2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (15 pages)

            Tayvon Davis challenges the sufficiency of the evidence supporting his convictions for murder in the first degree, child endangerment resulting in death, and multiple acts of child endangerment.  OPINION HOLDS: Each of Davis’s convictions is supported by sufficient evidence.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Ahlers, P.J.  (5 pages)

            Johnathon Wingfield argues the district court abused its discretion in sentencing him to a prison term following an Alford plea.  OPINION HOLDS: This district court did not abuse its discretion. 

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland (Motions) and DeDra Schroeder (Final Order), Judges. AFFIRMED AND REMANDED WITH DIRECTIONS TO DETERMINE ATTORNEY FEES.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Buller, J.  (9 pages)

            Christian Donovan appeals the district court’s dismissal of his petition to establish paternity, custody, physical care, and visitation relating to the minor child of Serena Thompson.  Both Donovan and Thompson request appellate attorney fees.  OPINION HOLDS: Because we find Donovan lacks standing, we affirm.  We remand for the district court to determine and order Donovan to pay Thompson’s reasonable appellate attorney fees, not to exceed $5000.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A former employee appeals from the dismissal of his petition for judicial review after he failed to serve a required party.  OPINION HOLDS:  We affirm, finding that the failure to serve the employer when petitioning for judicial review deprived the district court of jurisdiction. 

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

                Sherwood Holdings, L.L.C. and Robert Sherwood appeal a grant of summary judgment for IA Pizza, Inc.  OPINION HOLDS: Because the district court applied the correct standard for summary judgment, we affirm its grant and the dismissal of the counterclaims.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J. (7 pages)

            Robert Daniel Buel appeals his conviction for going armed with intent, asserting there is insufficient evidence of his intent to shoot and lack of justification to support the conviction.  OPINION HOLDS: There is substantial evidence to support the conviction, and we affirm.

            Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Ahlers, P.J. (10 pages)

            Juan Mendoza Jr. appeals following his conviction for assault causing bodily injury.  He argues the district court should have granted his motion to dismiss because the trial information did not include a verified electronic signature from the prosecuting attorney.  OPINION HOLDS: Mendoza’s motion to dismiss was untimely under the Iowa Rules of Electronic Procedure.  Even if his motion had been timely, the signature was not required to be verified.  And even if Mendoza had filed a timely motion to dismiss and the signature was defective, he suffered no prejudice to warrant dismissal.

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (11 pages)

            Kwot Gilo appeals the dissolution degree awarding physical care of a minor son to Ariat Louch.  OPINION HOLDS: In spite of her lower level of English skills, Ariat’s history as the child’s caretaker as well as his best interests and Kwot’s history of domestic abuse support her retaining physical care of the child, and we affirm.

            Appeal from the Iowa District Court for Wayne County, Dustria Relph, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (8 pages)

            A defendant appeals her sentence for possession with intent to deliver methamphetamine, less than five grams.  OPINION HOLDS: We conclude that the district court did not abuse its discretion in fashioning the sentence and affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            An injured former employee appeals from the district court’s review of her workers’ compensation claim.  OPINION HOLDS: We affirm, finding the employee was not entitled to temporary total disability benefits past the effective date of her resignation or penalty benefits.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Kemp Patrick Reynolds appeals his two convictions for driving while barred as a habitual offender.  OPINION HOLDS: Because substantial evidence supports his convictions, we affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J. (4 pages)

            Austin Mahana appeals his sentence after pleading guilty to one count of criminal mischief in the first degree and contends the district court abused its discretion by sentencing him to a residential correctional facility.  OPINION HOLDS: Because the district court did not abuse its discretion, we affirm.