Filed Mar 08, 2023
View Opinion No. 21-1812
View Summary for Case No. 21-1812
Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge. AFFIRMED. Heard by Bower, C.J., and Badding and Ahlers, JJ. Opinion by Badding, J. (22 pages)
Jorge Maldonado appeals his convictions on four counts of first-degree sexual abuse and one count of second-degree sexual abuse. He argues (1) the district court erred in admitting a forensic interview of one of the children under the residual exception to the rule against hearsay, and (2) there was insufficient evidence that he performed a sex act with the children or that the oldest child’s post-traumatic stress disorder is a serious injury. OPINION HOLDS: We affirm Maldonado’s convictions, finding the forensic interview was properly admitted under the residual exception and Maldonado’s convictions enjoy substantial evidentiary support.
Filed Mar 08, 2023
View Opinion No. 21-1850
View Summary for Case No. 21-1850
Appeal from the Iowa District Court for Bremer County, Peter B. Newell, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Tabor, J., and Scott, S.J. Opinion by Scott, S.J. Dissent by Tabor, J. (12 pages)
Jeffrey Leroy Larson appeals the denial of his motion to suppress, asserting the trooper unlawfully prolonged the traffic stop and his consent was not voluntary. OPINION HOLDS: We agree with the district court, the stop was not unlawfully extended and Larson’s consent was given voluntarily. There was no error in denying the motion to suppress. DISSENT ASSERTS: I respectfully dissent. The State failed to show that Larson voluntarily consented to the search of his car, so I would reverse the denial of his motion to suppress.
Filed Mar 08, 2023
View Opinion No. 21-1856
View Summary for Case No. 21-1856
Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Greer, J. (5 pages)
Donald Smith appeals the denial of his application for postconviction DNA testing. OPINION HOLDS: Because Smith cannot show how DNA evidence would have changed the outcome of his trial, we affirm.
Filed Mar 08, 2023
View Opinion No. 21-1863
View Summary for Case No. 21-1863
Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ. Opinion by Vaitheswaran, P.J. Chicchelly, J., takes no part. (5 pages)
Heather Whitman appeals from a district court ruling on her petition for declaratory judgment seeking to establish a common law marriage to Douglas Archibald. OPINION HOLDS: On our de novo review, we agree with the district court that Whitman and Archibald did not have a common law marriage. Accordingly, the district court acted equitably in denying Whitman’s motion for summary judgment.
Filed Mar 08, 2023
View Opinion No. 21-1957
View Summary for Case No. 21-1957
Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge. APPEAL DISMISSED. Considered by Tabor, P.J., and Schumacher and Ahlers, JJ. Opinion by Tabor, P.J. (3 pages)
Rickey Hunsucker appeals his written guilty plea to burglary in the third degree. He challenges the plea on appeal despite not moving in arrest of judgment. OPINION HOLDS: Because Hunsucker failed to move in arrest of judgment, we find no good cause for his appeal. The appeal is dismissed.
Filed Mar 08, 2023
View Opinion No. 21-1984
View Summary for Case No. 21-1984
Appeal from the Iowa District Court for Cass County, Michael Hooper, Judge. AFFIRMED AND REMANDED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. (4 pages)
John Anderson appeals the sentences imposed on his criminal convictions, arguing the district court violated due process and abused its discretion by waiving the use of the presentence investigation report and sentencing him when he did not waive use of the report. OPINION HOLDS: We agree with the State that the notation in the sentencing orders that the presentence investigation report was waived was merely a clerical error. As a result, we affirm the sentences imposed but remand to the district court for entry of a nunc pro tunc order correcting the clerical error that Anderson waived the use of a presentence investigation report.
Filed Mar 08, 2023
View Opinion No. 22-0068
View Summary for Case No. 22-0068
Petition for writ of certiorari from the Iowa District Court for Sac County, Gary McMinimee, Judge. WRIT ANNULLED. Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J. Opinion by Gamble, S.J. (4 pages)
Kirk Levin argues his mandatory life sentence without the possibility of parole is illegal because it amounts to cruel and unusual punishment. OPINION HOLDS: Neither the federal or state constitution requires individualized sentencing for young adult offenders or adult offenders with intellectual disabilities.
Filed Mar 08, 2023
View Opinion No. 22-0084
View Summary for Case No. 22-0084
Appeal from the Iowa District Court for Story County, James M. Drew, Judge. AFFIRMED AS MODIFIED. Heard by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (16 pages)
Troy Bigelow appeals and JoAnn Barten cross-appeals the economic provisions of the decree dissolving their marriage. OPINION HOLDS: I. Troy has not met his burden of showing the parties’ premarital agreement is procedurally or substantively unconscionable. We affirm the finding that the agreement is valid and enforceable. II. We affirm the dissolution decree but modify some of the property values. The result is that Troy receives around 55% of the marital property while JoAnn receives about 45%. Because JoAnn’s overall assets are significantly greater than Troy’s, we find this division of marital property is equitable and decline to order any equalization payment.
Filed Mar 08, 2023
View Opinion No. 22-0169
View Summary for Case No. 22-0169
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL. Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ. Opinion by Chicchelly, J. (10 pages)
This appeal involves the economic terms of the decree dissolving the marriage of David and Melissa Lewis. David appeals the division of marital property. Melissa cross-appeals, arguing she should be awarded spousal support and an accelerated timeline to receive the property equalization payment. Both parties request appellate attorney fees, and Melissa argues the district court failed to do equity in denying her request for trial attorney fees. OPINION HOLDS: Upon our de novo review, we affirm the district court order with respect to the division of marital property, spousal support, and trial attorney fees. However, we modify the property equalization award to include interest on the installment payments and decline to award appellate attorney fees to either party.
Filed Mar 08, 2023
View Opinion No. 22-0190
View Summary for Case No. 22-0190
Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Greer, J. (10 pages)
Jerin Mootz appeals his conviction for neglecting or abandoning a dependent person, arguing the district court abused its discretion in allowing evidence of prior bad acts. OPINION HOLDS: Because we find no abuse of discretion, we affirm.
Filed Mar 08, 2023
View Opinion No. 22-0257
View Summary for Case No. 22-0257
Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge. APPEAL DISMISSED. Heard by Tabor, P.J., and Schumacher and Ahlers, JJ. Opinion by Tabor, P.J. (5 pages)
D.S. appeals the juvenile court’s extension of a protective order for relief from sexual abuse under Iowa Code chapter 236A (2021). He contends the court erred in extending the order after its one-year duration had ended. He also denies that he continued to pose a threat to the protected party. OPINION HOLDS: Because R.M. did not extend the protective order a second time, and the first extension expired by the time the case was submitted to our court, we find the appeal is moot. We consider the public-importance exception to mootness and find it does not allow us to hear the merits of the appeal. The appeal is dismissed.
Filed Mar 08, 2023
View Opinion No. 22-0284
View Summary for Case No. 22-0284
Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (3 pages)
Carmela Canady appeals her conviction for assault causing bodily injury, challenging the sufficiency of the evidence. OPINION HOLDS: Because substantial evidence shows Canady caused a bodily injury, we affirm.