Filed Oct 11, 2023
View Opinion No. 22-0643
View Summary for Case No. 22-0643
Appeal from the Iowa District Court for Scott County, John Telleen, Judge. AFFIRMED. Considered by Ahlers, P.J., Badding, J., and Vogel, S.J. Opinion by Ahlers, P.J. (5 pages)
Nibitanga Salvator appeals his conviction for second-degree robbery. He claims the evidence establishing identity is insufficient to support his conviction. OPINION HOLDS: We cannot independently weigh the evidence as Salvator suggests. Instead, when reviewing the evidence in the light most favorable to the State, we conclude the State produced sufficient evidence identifying Salvator as one of the robbers.
Filed Oct 11, 2023
View Opinion No. 22-0754
View Summary for Case No. 22-0754
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. APPEAL DISMISSED. Considered by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Greer, P.J. (3 pages)
Charles Hasselmann appeals the dismissal of his application for postconviction relief (PCR). OPINION HOLDS: Because a delayed appeal is not available in PCR actions, we dismiss this untimely appeal for lack of jurisdiction.
Filed Oct 11, 2023
View Opinion No. 22-0856
View Summary for Case No. 22-0856
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. APPEAL DISMISSED IN PART AND AFFIRMED IN PART. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (7 pages)
Dennis Skou, Tidy Site Services II, LLC, and Erosiontek II, LLC appeal from the district court order entering judgment on various claims arising from a contract dispute and an award of attorney fees. OPINION HOLDS: Because the appellants failed to timely appeal the order of judgment and the district court did not abuse its discretion in awarding attorney fees, we dismiss the appeal in part and affirm the attorney fees award.
Filed Oct 11, 2023
View Opinion No. 22-0862
View Summary for Case No. 22-0862
Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge. AFFIRMED. Considered by Ahlers, P.J., Badding, J., and Gamble, S.J. Opinion by Ahlers, P.J. (6 pages)
Michael Pass appeals his conviction for willful injury causing bodily injury. He challenges the marshaling instruction, the sufficiency of the evidence, and the district court’s response to a jury question. OPINION HOLDS: Pass failed to preserve error on this challenge to the jury instruction and the court’s response to the jury question. His conviction is supported by substantial evidence.
Filed Oct 11, 2023
View Opinion No. 22-0983
View Summary for Case No. 22-0983
Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge. AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ. Opinion by Badding, J. (6 pages)
A former wife appeals the district court’s decision declining to find her former husband in contempt for “failure to make house related payments” as required by their dissolution decree. Both parties request an award of appellate attorney fees. OPINION HOLDS: We affirm the district court’s contempt decision. Because neither party qualifies for an award of appellate attorney fees, we deny both requests.
Filed Oct 11, 2023
View Opinion No. 22-1027
View Summary for Case No. 22-1027
Appeal from the Iowa District Court for Black Hawk County, Laura Parrish, Judge. AFFIRMED. Considered by Tabor, P.J., Buller, J., and Carr, S.J. Opinion by Carr, S.J. (11 pages)
Larry and Connie Rasmussen appeal the district court’s denial of their claims of breach of contract, breach of warranties, negligent misrepresentation, and consumer fraud in a dispute between homeowners and a contractor. OPINION HOLDS: The Rasmussens did not prove their claims against Randy Tjaden. Tjaden is entitled to be paid for the work he performed. We affirm the decision of the district court.
Filed Oct 11, 2023
View Opinion No. 22-1068
View Summary for Case No. 22-1068
Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge. AFFIRMED. Considered by Bower, C.J., Tabor, J., and Blane, S.J. Opinion by Blane, S.J. (21 pages)
Sara Weisbeck appeals her convictions for insurance fraud: false material information; and identity theft over $1500 and under $10,000, both class “D” felonies. She contends the evidence did not support the verdicts, the court abused its discretion in evidentiary rulings, and the court considered improper factors in its sentencing decision. OPINION HOLDS: We find substantial evidence supports the convictions. We also find the court abused its discretion in one evidentiary ruling, but Weisbeck was not prejudiced. There was no abuse of discretion in any other evidentiary ruling. Finally, we find the court properly exercised its sentencing discretion. We find no basis to reverse and affirm the convictions and sentence.
Filed Oct 11, 2023
View Opinion No. 22-1106
View Summary for Case No. 22-1106
Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge. AFFIRMED. Considered by Tabor, P.J., Badding, J., and Blane, S.J. Opinion by Blane, S.J. (5 pages)
Olympia Cooks contends the State failed to establish that she had the specific intent to cause serious bodily injury. OPINION HOLDS: Because substantial evidence supports the jury’s verdict, we affirm.
Filed Oct 11, 2023
View Opinion No. 22-1146
View Summary for Case No. 22-1146
Appeal from the Iowa District Court for Franklin County, Chris Foy, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS ON APPEAL; AFFIRMED ON CROSS-APPEAL. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Schumacher, P.J. (21 pages)
Brothers appeal and cross-appeal the judgment entered by the district court on a petition for accounting and payment of amount due concerning an organic farming operation. OPINION HOLDS: Upon our review, we affirm in part and reverse in part on the appeal and remand with directions. We affirm on the cross-appeal.
Filed Oct 11, 2023
View Opinion No. 22-1192
View Summary for Case No. 22-1192
Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. AFFIRMED. Considered by Tabor, P.J., Buller, J., and Carr, S.J. Opinion by Tabor, P.J. (7 pages)
The City of Des Moines appeals the district court’s denial of its motion to dismiss. OPINION HOLDS: Because the pleading requirement urged by the city does not apply retroactively to this case, we affirm.
Filed Oct 11, 2023
View Opinion No. 22-1207
View Summary for Case No. 22-1207
Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge. REVERSED AND REMANDED. Heard by Tabor, P.J., Buller, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (11 pages)
Louis Caselli brought suit against Dennis Borchers, claiming Dennis intentionally inflicted emotional distress on him when Dennis engaged in multiple sex acts with Louis’s wife who is also Dennis’s biological daughter. A jury found Dennis liable and awarded Louis $701,000 in damages. On appeal, Dennis argues (1) Louis failed to state a claim that entitled him to relief; (2) as a matter of law, his alleged conduct was not “outrageous,” and there was not substantial evidence he intentionally caused, or recklessly disregarded the likelihood of causing, severe or extreme emotional distress to Louis; (3) the district court should have sustained his objections regarding marital privilege and the testimony of his wife, Teresa; and (4) the court erred when overruling several hearsay objections. OPINION HOLDS: Because, even viewing the evidence in the light most favorable to Louis, there is not substantial evidence Dennis intentionally caused Louis emotional distress or acted with reckless disregard of the probability of causing Louis emotional distress, the district court should have granted Dennis’s motion for directed verdict. We reverse the judgment and remand for entry of judgment in Dennis’s favor.
Filed Oct 11, 2023
View Opinion No. 22-1224
View Summary for Case No. 22-1224
Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Bower, C.J. (6 pages)
Rickie Matese Perkins appeals the district court’s denial of his motion to suppress the results of a traffic stop that led to his arrest for operating while intoxicated. OPINION HOLDS: Officer Jordan Ehlers had reasonable suspicion and probable cause to initiate a traffic stop, and we affirm the denial of the motion to suppress.