July 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (13 pages)

            A criminal defendant appeals his convictions for three counts each of first-degree murder and first-degree robbery, challenging the district court’s denial of a motion to strike a potential juror for cause during voir dire and admission of certain autopsy photos at trial.  OPINION HOLDS:  Finding he has not proven an abuse of discretion warranting reversal on either issue, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (31 pages)

            A criminal defendant appeals his convictions for three counts of second-degree murder and three counts of first-degree robbery, alleging multiple errors across his three-week trial.  OPINION HOLDS: We affirm, finding the preserved errors do not warrant reversal. 

            Appeal from the Iowa District Court for Polk County, Erica Crisp and Becky Goettsch, Judges.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A jury found Damen Walton guilty of operating while intoxicated.  On appeal from that conviction, Walton challenges the district court’s denial of his motion to suppress and contends his motion for new trial should have been granted because the jury’s verdict is contrary to the weight of the evidence.  OPINION HOLDS: Because there was probable cause to support the stop of Walton’s vehicle and the district court did not abuse its discretion in denying the motion for new trial, we affirm. 

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  WRIT ANULLED IN PART, GRANTED IN PART, AND REMANDED WITH DIRECTIONS; MODIFICATION AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J. (11 pages)

            Briana Hesse challenges the district court order finding her in contempt, the sentence imposed, and the modification of visitation.  OPINION HOLDS: As to the finding of contempt, because the district court did not clearly apply the beyond-a-reasonable-doubt burden of proof, we grant the writ in part and remand with directions to apply that burden.  We likewise annul the writ in part as to the sentence imposed but direct the district court to clarify the basis for each sentence.  As to the modification of visitation, because we find the breakdown in communication and ability to coordinate visitation constitutes a material change in circumstances, we affirm the modification.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Langholz, P.J., and Bower and Carr, S.JJ., Opinion by Langholz, P.J.  (11 pages)

            Todd Landen appeals the spousal- and child-support awards of the decree dissolving his marriage with Aprel Landen, arguing that the district court’s inclusion of his veterans’ disability benefits in calculating his income violates federal law.  He also challenges the inclusion of the marital home in the property division because its value includes improvements paid for by the Department of Veterans Affairs to accommodate his disability.  Aprel cross-appeals the spousal-support award arguing the court should have extended the ten-year award to continue until the death of either party or her remarriage.  OPINION HOLDS: Federal law does not prohibit including veterans’ disability benefits in the calculation of a party’s income when deciding spousal- or child-support awards.  Todd did not preserve error on his challenge to the property division. And the spousal-support award to Aprel for ten years does not fail to do equity.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Vogel, S.J.  Opinion Per Curiam.  (4 pages)

            A protected party under a domestic violence protective order appeals the dismissal of his contempt application.  OPINION HOLDS: We affirm the dismissal of the contempt application.

            Appeal from the Iowa District Court for Page County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  Dissent by Langholz, J. (18 pages)

            Shenandoah Medical Center (SMC) appeals the district court’s denial of its motion for summary judgment for failure to timely file an expert-witness designation.  OPINION HOLDS: Upon review, we affirm. DISSENT ASSERTS: I would follow Stanton v. Knoxville Community Hospital, Inc., No. 19-1277, 2020 WL 4498884 (Iowa Ct. App. Aug. 5, 2020), and hold that the district court abused its discretion in concluding that the Wilsons had good cause for their failure to timely file their expert certifications under Iowa Code section 668.11 because they have not shown a valid reason for their failure and the district court erroneously relied on defense counsel’s actions.  The court thus erred in denying SMC summary judgment on that ground.  And we should remand for the district court to consider whether the Wilsons’ claims fail as a matter of law without expert testimony as SMC argued in its summary-judgment motion.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  APPEAL DISMISSED.  Considered by Badding, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            After pleading guilty to possession of a controlled substance with intent to deliver (lorazepam), an aggravated misdemeanor, and failure to possess a tax stamp, a class “D” felony, Donta Hale maintains the district court should have allowed him to withdraw his guilty pleas.  OPINION HOLDS: Hale has not established good cause to invoke this court’s jurisdiction.  We dismiss his appeal.

            Appeal from the Iowa District Court for Polk County, Heather Lauber (guilty plea) and William P. Kelly (sentencing), Judges.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Spencer Smith pleaded guilty to homicide by vehicle by operating a motor vehicle while under the influence and serious injury by vehicle by operating a motor vehicle while under the influence.  He was sentenced to serve his two sentences consecutively.  Smith now appeals, contending he was coerced into pleading and the district court considered an impermissible factor during his sentencing.  OPINON HOLDS: We do not have authority to consider Smith’s claim his plea was involuntary and the district court committed no error in sentencing.  We affirm.

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            Williams appeals the grant of summary disposition and dismissal of his most recent postconviction relief application (PCR).  He contends that the jury that was discharged due to a mistrial was the same jury at the second trial that returned his guilty verdict.  He also contends that the judge from the mistrial should not have been the judge at the second trial.  He claims his trial counsel was ineffective for failing to object to those events.  Finally, he argues that the PCR court erred when it failed to comply with the procedures in Iowa Code section 822.6 (2021).  OPINION HOLDS: Upon our review, we find Williams’ arguments not supported by the record and affirm.

Appeal from the Iowa District Court for Keokuk County, Crystal S. Cronk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (24 pages)

            An employee appeals the district court’s grant of summary judgment in an age- and disability-discrimination, retaliation, and hostile-work-environment case.  OPINION HOLDS: Because we find fact questions remain on the discrimination claims, we reverse the district court’s grant of summary judgment as to those issues and affirm on all other claims.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J. (8 pages)

            Tre Worden appeals, challenging the denial of his motion to suppress by asserting an unlawful seizure and the sufficiency of the evidence for his conviction for interference with official acts resulting in bodily injury.  OPINION HOLDS: Finding he was lawfully seized and the evidence was sufficient to support his conviction, we affirm.