Filed Jul 13, 2023
View Opinion No. 22-1127
View Summary for Case No. 22-1127
Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Bower, C.J. (11 pages)
Kevin Bergman, after a confrontation in his neighbor’s yard, shot his neighbor in the leg. He now appeals his convictions for willful injury causing bodily injury and going armed with intent, arguing he was justified in his actions, the offense of going armed with intent is unconstitutional on its face, and the court abused its discretion in limiting his wife’s testimony. OPINION HOLDS: We do not address Bergman’s constitutional claim because it is based on a statute that was not yet in effect at the time of the offense. There is substantial evidence of specific intent supporting Bergman’s convictions, and the court did not abuse its discretion in limiting his wife’s testimony to the year before the shooting. We affirm.
Filed Jul 13, 2023
View Opinion No. 22-1128
View Summary for Case No. 22-1128
Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge. AFFIRMED. Considered by Ahlers, P.J., Badding, J., and Mullins, S.J. Opinion by Badding, J. (4 pages)
Marquis Moore appeals the sentence imposed on his criminal conviction, arguing the district court’s decision to impose a suspended sentence rather than grant his request for a deferred judgment was an abuse of discretion. OPINION HOLDS: Finding no abuse of discretion on the issue presented for our review in this appeal, we affirm.
Filed Jul 13, 2023
View Opinion No. 22-1147
View Summary for Case No. 22-1147
Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge. AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ. Opinion by Badding, J. (13 pages)
Benjamin Rigdon appeals modification of the physical care provisions of the decree dissolving his marriage to Alicia Rigdon. OPINION HOLDS: We affirm the district court’s modification, concluding that Alicia’s relocation was a sufficient change in circumstances and joint physical care is in this child’s best interests. We do not consider Ben’s child support claims, deny each party’s request for attorney fees, and tax costs to Ben.
Filed Jul 13, 2023
View Opinion No. 22-1158
View Summary for Case No. 22-1158
Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge. AFFIRMED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Buller, J. (7 pages)
Midwest Soya International, Inc. (MSI) appeals from the district court’s ruling dismissing its breach-of-contract claim against Jeffrey Leerar. OPINION HOLDS: We find an enforceable contract, but MSI failed to live up to its obligations under the implied delivery term of the agreement, excusing any alleged breach by Leerar. We decline to address Leerar’s affirmative defenses.
Filed Jul 13, 2023
View Opinion No. 22-1172
View Summary for Case No. 22-1172
Appeal from the Iowa District Court for Emmet County, John M. Sandy, Judge. AFFIRMED AS MODIFIED. Considered by Ahlers, P.J., and Badding and Buller, JJ. Opinion by Ahlers, P.J. (7 pages)
Steven Iverson appeals the modification of the child-visitation provisions of the decree dissolving his marriage to Dorothy Iverson (now Stith). He claims the district court improperly modified legal custody sua sponte, should have ordered the child to maintain a personal electronic device with a specific communication app, and modified visitation in a manner not consistent with the child’s best interests. Dorothy requests appellate attorney fees. OPINION HOLDS: The district court did not modify legal custody. The modified degree provided for the child’s ability to freely communicate with both parents, so it was unnecessary to include a specific provision regarding the child maintaining a personal electronic device. The modified visitation schedule established by the district court serves the child’s best interests. However, a provision regarding summer visitation is internally inconsistent, so we modify that provision to resolve the inconsistency. We decline to award appellate attorney fees.
Filed Jul 13, 2023
View Opinion No. 22-1303
View Summary for Case No. 22-1303
Appeal from the Iowa District Court for Linn County, Lars Anderson and Mitchell Turner, Judges. AFFIRMED. Considered by Schumacher, P.J., Buller, J., and Potterfield, S.J. Opinion by Schumacher, P.J. (4 pages)
Hollen appeals the denial of his postconviction-relief application. He contends his claim of ineffective assistance of counsel is timely as it is premised on a new ground of fact. OPINION HOLDS: We find Hollen’s claim is untimely pursuant to Iowa Code section 822.3 (2018). We affirm.
Filed Jul 13, 2023
View Opinion No. 22-1342
View Summary for Case No. 22-1342
Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Buller, J. (5 pages)
Concerned Citizens for Grand Avenue Development appeal the dismissal of their mandamus petition. OPINION HOLDS: We affirm, finding that a writ of certiorari was an adequate and available remedy and mandamus was therefore unavailable.
Filed Jul 13, 2023
View Opinion No. 22-1407
View Summary for Case No. 22-1407
Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge. AFFIRMED. Considered by Greer, P.J., Ahlers, J., and Gamble, S.J. Opinion by Gamble, S.J. (6 pages)
Christopher Brekke appeals his sentence following a guilty plea. OPINION HOLDS: Brekke did not preserve his claim that his plea was unknowing because he never filed a motion in arrest of judgment and was adequately advised of his obligation to do so. The State did not breach the plea agreement when making its sentencing recommendation.
Filed Jul 13, 2023
View Opinion No. 22-1462
View Summary for Case No. 22-1462
Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge. AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTION. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Bower, C.J. (5 pages)
Brock Burgdorf appeals the sentence imposed following his guilty pleas, contending the court abused its sentencing discretion in imprisoning him and imposed an illegal sentence when it imposed a suspended fine on each habitual offender conviction. OPINION HOLDS: We vacate the imposition of fines and otherwise affirm. We remand for entry of a corrected sentencing order.
Filed Jul 13, 2023
View Opinion No. 22-1502
View Summary for Case No. 22-1502
Appeal from the Iowa District Court for Greene County, Derek J. Johnson, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Bower, C.J. (4 pages)
Jason Edward Trotter appeals his sentences for criminal mischief in the first degree, theft in the second degree, and possession of methamphetamine, third or subsequent offense. OPINION HOLDS: Finding the court did not abuse its discretion, we affirm.
Filed Jul 13, 2023
View Opinion No. 22-1591
View Summary for Case No. 22-1591
Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge. AFFIRMED AND REMANDED. Considered by Tabor, P.J., and Schumacher and Ahlers, JJ. Opinion by Tabor, P.J. (14 pages)
Robert Sherwood appeals the district court’s order requiring him to pay temporary spousal support to Laura Sherwood during their marriage dissolution proceedings. Laura defends the support and requests appellate attorney fees. OPINION HOLDS: Because we find the district court’s award of temporary spousal support equitable, we affirm. We also agree that Laura is entitled to appellate attorney fees and remand for the district court to determine a reasonable amount.
Filed Jul 13, 2023
View Opinion No. 22-1637
View Summary for Case No. 22-1637
Appeal from the Iowa District Court for Pottawattamie County, Scott D. Strait, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (5 pages)
Dmitriy Zenchenko appeals his conviction of operating a motor vehicle while intoxicated. He challenges the sufficiency of the evidence. OPINION HOLDS: Zenchenko’s conviction is supported by sufficient evidence.