2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  CONDITIONALLY AFFIRMED AND REMANDED.  Considered by Greer, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (13 pages)

            In FECR353225, a jury found Yarrell Fisher Jr. guilty of third-degree burglary (count I), second-degree criminal mischief (count II), and third-degree harassment (count III).  Fisher challenges his convictions on counts I and II, arguing the State presented insufficient evidence to support the convictions and the greater weight of credible evidence supports acquittal.  Fisher was sentenced in FECR353225 and a second case, FECR352573, at a combined sentencing hearing; he challenges some of those sentences, claiming the district court abused its discretion in denying his request for probation and imposing incarceration.  He also argues the court failed to state adequate reasons on the record for ordering him to serve the sentences in FECR353225 consecutive to the sentences imposed in FECR352573.  OPINION HOLDS: Substantial evidence supports Fisher’s challenged convictions.  However, because the district court applied the wrong standard on his motion for new trial, we conditionally affirm Fisher’s convictions and remand for the court to consider the motion for new trial, using the correct standard.  If the court grants the motion, then Fisher shall receive a new trial.  If the court denies the motion, Fisher’s convictions are affirmed.  Assuming his convictions stand, we find no reversible error or abuse of discretion in the sentencing of Fisher. 

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            An employee appeals a district court ruling on judicial review affirming the denial of workers’ compensation benefits. OPINION HOLDS: We find there was substantial evidence to support the commissioner’s determination that Robert Shrum’s neck and right shoulder conditions were not causally related to his employment, as well as the commissioner’s denial of permanent partial disability benefits for Shrum’s right-arm injury and alternate or ongoing medical care for his neck and right shoulder.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (10 pages)

            Albert Marasco appeals from the decree dissolving his marriage; and Julie Marasco cross-appeals.  Both challenge the district court’s property distribution.  OPINION HOLDS: The district court’s property division was equitable.  However, it inadvertently attributed some non-marital assets to the marital estate and accidentally included a retirement account that the parties agree does not exist.  We modify the property division to account for these discrepancies while otherwise maintaining the district court’s division of property.  We decline to award Julie appellate attorney fees.

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  APPEAL DISMISSED.  Considered by Badding, P.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            Samuel Wright appeals the summary denial of his second postconviction relief application.  OPINION HOLDS: Because Wright’s pro se notice of appeal while represented by an attorney was a nullity, and a delayed appeal is not available in postconviction proceedings, see Jones v. State, 981 N.W.2d 141, 143 (Iowa 2022), we dismiss for lack of jurisdiction.

            Appeal from the Iowa District Court for Jackson County, Sean McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (16 pages)

            Sherry Kindsfather appeals a district court ruling following a remand in an estate proceeding.  She raises a mishmash of claims involving limitation of actions, a stipulation by the parties made before remand, bifurcation of trial, sufficiency of evidence, due process, statutory interpretation and construction, res judicata and law of the case, a request for an equitable lien as a remedy, and redemption.  OPINION HOLDS: Having considered all of Kindsfather’s arguments on appeal, whether specifically mentioned or not, we affirm the judgment of the district court. 

            Appeal from the Iowa District Court for Webster County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Jon King appeals the denial of his postconviction-relief application.  OPINION HOLDS: Because King does not present newly discovered evidence that would prevent a reasonable fact finder from convicting him, we affirm.

            Appeal from the Iowa District Court for Madison County, Stacy Ritchie, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Dissent by Greer, P.J.  (21 pages)

            A plaintiff appeals an adverse summary judgment ruling that dismissed his claims for injuries sustained after a collision with a police cruiser.  OPINION HOLDS: We reverse the entry of summary judgment and remand for further proceedings, concluding genuine issues of material fact remain that preclude the defendants’ entitlement to judgment as a matter of law. DISSENT ASSERTS: I respectfully dissent from the majority opinion.  Because the facts do not support a finding of recklessness on the part of the officer, I would affirm the grant of summary judgment. 

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Rick Reifenrath appeals the district court’s denial of his request for a deferred judgment, arguing it (1) improperly considered unproven or uncharged facts, and (2) failed to consider all the sentencing factors in denying his request.  OPINION HOLDS: We discern no abuse of discretion in the court’s stated reasons for declining Reifenrath’s request for a deferred judgment.

            Appeal from the Iowa District Court for Poweshiek County, Lucy J. Gamon, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (11 pages)

            A defendant appeals his conviction for second-degree theft of a van.  He asserts there was insufficient evidence for a rational jury to convict him.  OPINION HOLDS: Because the State failed to provide substantial evidence that the defendant intended to permanently deprive the van-owner when he took the vehicle, we reverse and remand with instructions.

            Appeal from the Iowa District Court for Dickinson County, Charles Borth, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and Schumacher, Badding, Chicchelly, and Buller, JJ.  Opinion by Badding, J.  (11 pages)

            Timothy Taylor challenges the district court’s award of traditional spousal support to his former spouse, Yvonne Taylor.  He also requests the parties’ income tax obligation be divided equally between the two.  Both parties seek appellate attorney’s fees.  OPINION HOLDS: We affirm, concluding the district court’s award of traditional spousal support was not excessive in amount and duration and Yvonne is unable to pay a tax burden created by Timothy’s substantial income.  Yvonne is awarded appellate attorney fees, which will be determined on remand.

            Appeal from the Iowa District Court for Keokuk County, Lucy J. Gamon, Judge.  REVERSED AND REMANDED.  Heard by Schumacher, P.J., and Badding and Buller, JJ.  Opinion by Schumacher, J.  (19 pages)

            Andrew Harper and Jayson Harper, father and son, appeal the district court’s grant of summary judgment to the City of Keswick on the Harpers’ claims of equitable estoppel concerning ownership of property originally platted as a street.  OPINION HOLDS: The City has not shown there are no genuine issues of material fact and that it is entitled to judgment as a matter of law on the elements necessary to establish a claim of equitable estoppel—abandonment, adverse possession, and unfair damage.  We reverse the district court’s grant of summary judgment and remand for further proceedings.  And because we are reversing for further proceedings, we do not address the Harpers’ claim that additional discovery was necessary before entry of the summary judgment ruling.

            Appeal from the Iowa District Court for Ida County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Tabor, P.J., Greer, Ahlers, Chicchelly, and Buller, JJ.  Opinion by Buller, J.  (10 pages)

            Beneficiaries of a will appeal from a declaratory judgment ruling to construe the will.  OPINION HOLDS: Because our case law dictates that we are forbidden from rewriting a will or modifying unambiguous language, we affirm the probate court’s decision to enforce the will as written.