October 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED AND REMANDED.  Heard by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (15 pages)

            Parties to a commercial lease agreement signed one month before the start of the COVID‑19 global pandemic appeal the judgment entered by the district court for nonperformance.  OPINION HOLDS: I. The record supports the trial court’s finding that nonperformance was not excused by impossibility or frustration of performance because any impossibility or frustration of performance was both temporary and partial.  The record also supports its finding that a lease assignment to a third party and the property owner’s settlement with that third party did not release the personal guarantors from their obligation under lease.  Because a claim that the property owner converted the lease deposit to benefit a third party was tied to performance of the lease, the district court properly denied it.  We affirm the award of trial attorney fees.  II. Because a lease provision about the due date for the first month of rent is reasonably open to interpretation, the district court did not err in construing it against the property owner.  We affirm the amount of damages awarded for breach of contract and remand to the district court to determine a reasonable award of appellate attorney fees.

            Appeal from the Iowa District Court for Jasper County, Charles Sinnard, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Tabor, C.J.  (7 pages)

            Harold Meyer appeals the denial of his request to modify his status on the sex offender registry.  The district court determined that Meyer was not eligible for modification under Iowa Code section 692A.128(2)(b) (2022) because he did not complete required sex offender treatment programs.  Meyer argues that he was not required to attend sex offender treatment while incarcerated under the reasoning of two Iowa Supreme Court cases from 2009 addressing eligibility for earned time.  OPINION HOLDS: Because substantial evidence supports the determination that Meyer refused to participate in required sex offender treatment, he did not meet the threshold test for modification.  We thus affirm the district court’s denial.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (6 pages)

            Kenneth Adams appeals the denial of his second application for postconviction relief.  OPINION HOLDS: Adams cannot establish any of his attorneys breached an essential duty, so his ineffective-assistance-of-counsel claim fails.

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (9 pages)

            After a warrantless search of Walter Baylor’s vehicle, the district court initially granted Baylor’s motion to suppress, concluding the officers conducted an improper inventory search.  The State moved to reconsider the ruling.  Applying the automobile exception, the district court then reversed course and denied the motion to suppress.  Baylor appeals, arguing the district court’s initial ruling applying State v. Ingram, 914 N.W.2d 794 (Iowa 2018) was correct.  OPINION HOLDS: We find there was probable cause to search the vehicle once an officer observed a digital scale with residue in an open glove box, so the automobile exception applied to search the vehicle without a warrant.  We affirm the district court’s ruling denying Baylor’s motion to suppress and affirm his conviction and sentence.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED AND REMANDED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  Partial dissent by Ahlers, P.J.  (14 pages)

            Ronald Christopher Williams appeals the economic provisions of the decree dissolving his marriage to Beverly Behary Williams, contending the property distribution and spousal support are inequitable.  OPINION HOLDS: Because both provisions are equitable, we affirm.  We also award Beverly appellate attorney fees, but because we lack an attorney‑fees affidavit, we remand to the district court to determine the appropriate amount.  PARTIAL DISSENT ASSERTS: Although I agree with the majority’s decision to affirm the property distribution and award of traditional spousal support, I would not affirm the amount of the spousal support award or the award of appellate attorney fees.  In my view, the statutory factors support a smaller monthly spousal-support award.  As I would modify the spousal support amount, I would also deny the wife’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (11 pages)

            Willie Taylor Sr. appeals from the denial of his application for postconviction relief (PCR) following his guilty pleas over three separate cases.  Taylor challenges the district court’s conclusions that he failed to prove he was under duress at the time of his guilty pleas, claiming the PCR court disregarded much of his evidence; argues he was wrongly advised about the sentence he would receive; and claims the probation-revocation court abused its discretion when it imposed the sixty-year sentence that was previously suspended.  OPINION HOLDS: Because we find that counsel’s actions were consistent with a reasonably competent attorney and the probation-revocation court did not abuse its discretion when it revoked Taylor’s probation and imposed the previously suspended sentence, we affirm the decision of the PCR court.

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (8 pages)

            Joseph Gentile appeals his sentences following his guilty pleas to unauthorized placement of a global positioning device and criminal mischief.  He contends that the district court abused its sentencing discretion by relying on evidence of “unproven and uncharged” conduct, improperly considering legislative intent, and failing to give sufficient reasons for imposing consecutive sentences.  OPINION HOLDS: Gentile fails to produce clear evidence that the district court considered improper information in reaching its sentencing decision.  And the court gave sufficient reasons for imposing consecutive sentences.  Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            A defendant appeals the district court’s determination that he is reasonably able to pay category “B” restitution to the extent of his liquid assets in the amount of $18,800, while the State requests a remand for entry of a nunc pro tunc order to correct the judgment entry to make it consistent with the oral pronouncement of sentence.  OPINION HOLDS:  We affirm, finding no abuse of discretion in the court’s determination of the amount Roberts is reasonably able to pay towards category “B” restitution and concluding the oral and written sentences were consistent.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J. (8 pages)

            Janet Carver appeals her sentences following her guilty pleas to identity theft and second-degree theft.  She contends the district court failed to provide sufficient reasons for imposing consecutive sentences and improperly ordered pecuniary damages for charges not included in Carver’s plea of guilty.  OPINION HOLDS: The district court gave sufficient reasons for imposing consecutive sentences, but the pecuniary damages portion of the sentencing order does not comply with Iowa law.  We affirm in part, vacate in part, and remand.

            Appeal from the Iowa District Court for Union County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Darryn Lyn Dugan appeals the sentence imposed by the district court after pleading, contending the court abused its discretion when sentencing him by admitting unauthenticated evidence, failing to consider certain mitigating factors, failing to follow the recommendation made by the presentence investigation report, and declining to suspend incarceration in favor of probation.  OPINION HOLDS: Because the court did not abuse its discretion by admitting evidence or imposing incarceration, we affirm Dugan’s sentence.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J. (15 pages)

            Timothy Doyle appeals his sentences after he pleaded guilty pursuant to a plea agreement to two counts of sexual abuse in the third degree in violation of Iowa Code section 709.4(1)(b)(2)(d) (2022).  On appeal, he argues that (1) the prosecutor breached the plea agreement; and (2) the district court did not adequately state its reasoning for imposing incarceration and consecutive sentences.  OPINION HOLDS: After our review of the record, we affirm Doyle’s sentences.  We find that (1) the prosecutor adequately remedied his initial misstatement in conveying the sentencing recommendation contemplated by Doyle’s plea agreement; and (2) the district court sufficiently stated its reasons for imposing incarceration and consecutive sentences.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED AND REMANDED.  Considered by Greer, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (11 pages)

            Tara Link appeals the decree granting her and Nicholas Rosenow joint physical care of their child.  OPINION HOLDS: I. We agree that the record shows that joint physical care serves B.L.’s best interests and affirm the physical care provisions of the parties’ decree.  II. We also agree that the record shows that hyphenating both parents’ surnames is in the child’s best interests and affirm the provision of the decree changing the child’s name.  III. Because the record supports an award of Nicholas’s appellate attorney fees but we have no affidavit of attorney fees, we remand to the district court to determine the amount of his appellate attorney fees and enter judgment against Tara in a reasonable amount.