2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Van Buren County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Timothey Wright appeals the district court’s order dismissing his breach-of-contract action against Derek Fee, contending the district court erred in (1) its definition of the “final destination” term under an oral service agreement; (2) finding that he breached the “final destination” term; (3) finding that his breach of the “final destination” term was material; and (4) rejecting his claim for damages.  OPINION HOLDS: We discern no error in the district court’s denial of Wright’s breach-of-contract claim or in its finding that Wright materially breached the oral contract.  Because of this, Wright is not entitled to damages in any amount.

            Appeal from the Iowa District Court for Marion County, Martha Mertz, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

            Cynthia Johnson appeals a district court order removing her as guardian of her adult daughter, arguing there was no basis in the record to support her removal.  OPINION HOLDS: Because we find that Cynthia was no longer suitable to serve as guardian, we affirm the court’s order.

            Appeal from the Iowa District Court for Poweshiek County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Julia Cox appeals the sentences imposed following her guilty pleas to abuse of a corpse and accessory after the fact, contending the district court “failed to give adequate reasons for consecutive sentences.”  OPINION HOLDS: The court’s decision to impose consecutive sentences was not clearly untenable or unreasonable.  Because the court properly exercised its discretion, we affirm Cox’s convictions and sentences.

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Danilson, S.J.* Opinion by Chicchelly, J.  (4 pages)

            Thomas Lee White appeals his convictions and sentences for first-degree robbery and willful injury causing serious injury.  OPINION HOLDS: Because substantial evidence supports White’s willful-injury conviction and it does not merge with his first-degree-robbery conviction, we affirm.

            Appeal from the Iowa District Court for Mills County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (13 pages)

            The defendants appeal a jury verdict in favor of a former employee on his claims of disability discrimination and constructive discharge, arguing the district court abused its discretion in several pretrial evidentiary rulings on the parties’ motions in limine.  OPINION HOLDS: On the claims where error was properly preserved for our review, we find no abuse of discretion and affirm the judgment for the employee.

            Appeal from the Iowa District Court for Wapello County, Lucy J. Gamon, Judge. AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (5 pages)

            Dion Johnson appeals the physical-care provision of the court’s decree establishing paternity, custody, visitation, and support of his child with Shelby Maddy.  OPINION HOLDS: On our de novo review and giving weight to the Shelby’s history of being the primary caregiver, we affirm.

  Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (10 pages)

            The State appeals the postconviction-relief court’s finding that Mark Bishop received ineffective assistance of counsel during his criminal trial and grant of a new trial.  OPINION HOLDS: Bishop failed to establish he received ineffective assistance of counsel on either basis alleged.  So we reverse the district court and remand for dismissal of Bishop’s postconviction-relief application.

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  AFFIRMED AS MODIFIED ON THE APPEAL; AFFIRMED ON THE CROSS-APPEAL.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (13 pages)

            Jonathan Ricklefs appeals the district court dissolution decree. He contends the court assigned the wrong value to two pieces of property.  He claims the court also wrongly imputed his income.  And he asserts the court should have increased his visitation with his child during the summer from four weeks to six weeks. Jenna Ricklefs cross-appeals, requesting we increase Jonathan’s income for child support purposes and decrease his summer visitation.  OPINION HOLDS: We conclude the court assigned the proper value to one piece of Jonathan’s property and his income.  However, the court improperly valued the second piece of property.  We also conclude the decree provides liberal visitation.  We affirm as modified on the appeal and affirm on the cross-appeal.  We decline to award appellate attorney fees. 

              Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (13 pages)

              Tanner Sorensen appeals the denial of his motion to suppress and subsequent conviction, arguing the evidence he sought to suppress was found while officers entered his home in violation of Iowa Code section 804.15 (2020) or using a search warrant obtained based on their findings during the initial illegal entrance.  OPINION HOLDS: Because officers failed to comply with the statute, they wrongfully entered Sorensen’s home and the evidence collected following this wrongful entry should have been suppressed on Sorensen’s motion.

            Appeal from the Iowa District Court for Wapello County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Sundance Land Company, LLC, appeals the district court’s denial of its petition to quiet title to real estate and its granting of the Remmarks’ counterclaim alleging a border by acquiescence.  OPINION HOLDS: We affirm the district court’s denial of Sundance’s claims and the court’s grant of the Remmarks’ counterclaim.

            Appeal from the Iowa District Court for Woodbury County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            The father appeals the district court’s order granting the mother physical care over their two children, arguing the decision is unsupported by the record.  OPINION HOLDS: On our de novo review of the record, we conclude the district court acted equitably in denying the father’s request for joint physical care and in granting the mother physical care of the children. 

              Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  CONVICTION AFFIRMED; SENTENCE REVERSED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (7 pages)

              Franklin Benites Garcia appeals from his written guilty plea for operating a vehicle while intoxicated, third offense, claiming the written plea did not substantially comply with Iowa Rule of Criminal Procedure 2.8(2)(d) and the plea was not entered into knowingly and intelligently.  He also challenges his sentence, arguing the district court failed to provide sufficient reasons for the sentence imposed.  OPINION HOLDS: Because Benites Garcia was adequately informed regarding the need to file a motion in arrest of judgment and the consequences for failing to do so, he lacks good cause to challenge his guilty plea.  As for his claims directed at his sentencing, we reverse his sentence and remand to the court for resentencing.