2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (11 pages)

            WH Development, LLC and Hy-Vee, Inc. appeal the district court’s findings upholding the Polk County Board of Review’s 2019 real estate assessment of a store and property in Windsor Heights.  OPINION HOLDS: The district court determined the Board met its burden to uphold the appraisal.  We affirm.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            Domnick Hogan seeks postconviction relief (PCR) from his conviction for second-degree robbery.  OPINION HOLDS: Hogan has not shown he received ineffective assistance on his claim that defense counsel failed to inform him of the direct consequences of his guilty plea.  We affirm the district court’s decision denying his PCR application.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J. (8 pages)

            Julien Skipper appeals his sentence to domestic abuse assault resulting in bodily injury and violation of the sex offender registry.  He contends the State breached their plea agreement and the sentencing court abused its discretion in adopting the State’s recommendation.  OPINION HOLDS: Because the plea agreement did not encompass the alleged violation, the State’s recommendation was not a breach.  We see no abuse of discretion in the sentence.  Thus, we affirm. 

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J. (5 pages)

            Latrice Saunders appeals her sentence for fourth-degree criminal mischief, for the second time.  Last year, we vacated her sentence and remanded for resentencing so that she could benefit from an ameliorative legislative change.  On remand, the court imposed the same sentence with no additional explanation.  She contends the court abused its discretion in failing to state the reasons for the sentence on the record.  OPINION HOLDS: Because the court had the discretion to impose a different sentence on remand, it needed to explain its choice to impose the harsher, original sentence.  We remand for the court to fulfill that obligation. 

              Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Cory Carter challenges his prison sentence for lascivious acts with a child contending the sentencing court failed to adequately explain its reasons for the sentence.  He also claims the court’s reliance on the victim impact statements was impermissible and a violation of due process.  OPINION HOLDS: Because the sentencing court gave reasons for Carter’s sentence and the use of the victim impact statements were permissible and constitutionally sound, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (10 pages)

            Jennifer Blackwood appeals the district court’s denial of her motion to extend a domestic-abuse protective order and the court’s ruling that Brock Knop’s violations of the domestic-abuse protective order did not warrant punishment in addition to the court’s order Knop pay Blackwood $2000 in attorney fees.  OPINION HOLDS:  In light of the broad discretion trial courts have in punishing contempt and the showing required to extend a protective order, we affirm.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  WRIT ANNULLED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Matthew Moore appeals the restitution order imposed by the district court following his guilty plea to third-degree burglary.  OPINION HOLDS: We annul the writ of certiorari challenging the district court’s postsentencing restitution award.

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Ahlers, JJ.  Opinion by Ahlers, J.  Tabor, J., takes no part.  (3 pages)

            Dennis Estabrook appeals his sentence after pleading guilty to the unauthorized use of a credit card.  OPINION HOLDS: Estabrook cannot establish good cause to appeal because he received the sentence bargained for in his plea agreement.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED AS MODIFIED IN PART ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL; AND REMANDED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Nicole Shimp appeals, and Brian Happel cross-appeals, the district court’s modification of their dissolution decree.  OPINION HOLDS: We conclude the district court acted equitably in modifying the joint physical care arrangement to grant Happel physical care of the children.  We modify the visitation provision of the modified decree to grant the mother midweek visits.  We affirm the five-week summer visitation provision in favor of the mother and decline to include a make-up weekend provision for the father.  We also decline to add further language relating to the children’s extracurricular activities.  We remand for recalculation of child support and award Shimp $3000 in appellate attorney fees.

            Appeal from the Iowa District Court for Wright County, Hans Becker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (5 pages)

            A father appeals the private termination of his parental rights to his twelve-year-old child.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            David Nystrom appeals the spousal-support provisions of the decree dissolving his marriage to Melissa Nystrom.  OPINION HOLD: The award of $5000 per month in spousal support is equitable.  We decline to award Melissa appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.