2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            A husband appeals a dissolution decree, challenging the court’s inclusion of a vehicle and his wife’s student loan debt in the marital estate.  OPINION HOLDS: Finding no failure to do equity, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.  Opinion by Ahlers, P.J.  (6 pages)

            Ashlie Rosales appeals her convictions for delivery of methamphetamine and possession of methamphetamine.  She claims she received ineffective assistance from trial counsel and her convictions are not supported by sufficient evidence.  OPINION HOLDS: We are statutorily prohibited from considering Rosales’s ineffective-assistance claims on direct appeal.  Rosales’s convictions are supported by sufficient evidence.

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Karla Wunderlin challenges the rulings denying her request for an order nunc pro tunc and dismissing her application for rule to show cause.  OPINION HOLDS: I. Because the marital property order reflected the intent of the court in entering the decree dissolving Karla’s marriage to Wesley Unke, the district court did not err in denying Karla’s request for a nunc pro tunc order correcting it.  II. The district court did not abuse its discretion in dismissing Karla’s application for rule to show cause because Karla did not show Wesley willfully failed to pay his child support obligation.  III. We decline to award either party appellate attorney fees.

              Appeal from the Iowa District Court for Dickinson County, John M. Sandy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

              Scott Hassel appeals the denial of his application for postconviction relief (PCR), claiming he received ineffective assistance from his trial counsel.  OPINION HOLDS: Because Hassel did not establish that his trial counsel failed to perform an essential duty, we affirm the dismissal of his PCR application. 

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Kelly Judge appeals from his conviction for domestic abuse assault causing bodily injury.  OPINION HOLDS: The district court did not abuse its discretion in declining to continue trial.

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            Ruth Schinstock-McConnell and Lawrence McConnell appeal the district court’s finding of a boundary by acquiescence.  OPINION HOLDS: We find the district court’s finding is supported by substantial evidence, so we affirm.

            Appeal from the Iowa District Court for Page County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Matthew Olson appeals (1) the denial of his motion for judgment of acquittal and guilty jury verdict for interference with official acts, and (2) the district court’s prison sentences as illegal.  OPINION HOLDS: Substantial evidence supports the jury verdict and trial court properly denied the motion for judgment of acquittal.  The sentences were neither illegal nor grossly disproportionate. 

              Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

              Thomas Deitrick argues there was not sufficient evidence to support his first-degree burglary and first-degree robbery convictions.  OPINION HOLDS:  Because we find sufficient evidence supports both convictions, we affirm.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING WITH DIRECTIONS.  Considered by Tabor, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (8 pages)

            Matthew Williams appeals his sentences following his guilty plea.  He claims (1) the State breached the plea agreement by not advocating for the agreed-upon sentence, (2) the district court failed to provide reasons for sentencing him to consecutive sentences, (3) and the court erred by not letting him withdraw his guilty plea once it decided it would not be bound by the plea agreement.  OPINION HOLDS: The State failed to provide any support for its sentencing recommendation and breached the plea agreement.  We remand for resentencing and do not address Williams’s claim that the court failed to provide reasons for imposing consecutive sentences.  On remand, if the court refuses to be bound by the plea agreement, it must permit Williams to withdraw his guilty plea.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            Denise Allgood pled guilty to one count of first-degree theft and one count of first-degree fraudulent practices, both class “C” felonies.  The district court sentenced Allgood to serve up to ten years on each count and required her to serve the sentences consecutively, for a total term of imprisonment not to exceed twenty years.  Allgood appeals the sentences.  OPINION HOLDS: Finding no abuse of discretion, we affirm Allgood’s sentences.  However, we remand to the district court for the limited purpose of allowing it to issue a nunc pro tunc order to correct the clerical error in the written judgment entry.

            Appeal from the Iowa District Court for Buchanan County, Richard D. Stochl, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Michael Bagby appeals the district court ruling dismissing his claims for breach of contract and unjust enrichment.  Bagby’s debtors—First Street Deli II, LLC (the LLC) and Kim Harker and Alexis Brown, individually and as members of the LLC—argued that their contract with Bagby was unconscionable and its late-fee provision was a penalty against public policy.  Bagby argues the district court erred in finding that the contract was unconscionable and the late-fee provision was an unenforceable penalty.  OPINION HOLDS: Finding errors of law in both the unconscionability and penalty analyses, we reverse and remand to the district court for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Mitchell County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Greer, P.J.  (4 pages)

            Steven Wildman appeals his sentence following a guilty plea.  OPINION HOLDS: Finding no abuse of the sentencing court’s discretion, we affirm.