July 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered Badding, P.J., Bower, S.J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            An applicant appeals the denial of postconviction relief.  OPINION HOLDS: Because he has failed to establish prejudice in the outcome of his trial, the applicant has not met his burden for his ineffective-assistance-of-counsel claims.

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J. (9 pages)

            A juvenile criminal defendant appeals his mandatory-minimum sentence for second-degree sexual abuse.  OPINION HOLDS: Because we find the district court failed to consider one of the constitutionally required juvenile-sentencing factors, we vacate the sentence and remand with directions to re-sentence and apply the required factors.  We also address Chapline’s petition for rehearing and the State’s response, and we decline to require resentencing before a different judge.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (11 pages)

            Timothy Trulson appeals from the decree dissolving his marriage to Holly Trulson.  He argues that the division of the marital property failed to accurately value Holly’s IPERS account and equitably divide the parties’ property.  OPINION HOLDS: Because neither party presented any actuarial evidence regarding the present value of the IPERS account, we conclude it must be divided using the Benson formula.  We remand to the district court to create a QDRO.  With the division of the IPERS account, recalculation of the division of property is needed.  As part of the recalculation, we award Holly’s IRA to her and raise her property-settlement payment obligation. 

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (16 pages)

            Paul and Therese Yakel appeal the district court’s grant of summary judgment dismissing their breach-of-contract, breach-of-implied-warranty, and negligent-construction claims against Randall Wheeler arising from their home-siding-replacement project.  OPINION HOLDS: The undisputed facts, including the Yakels’ repeated testimony that Wheeler was not their general contractor for the siding replacement project, shows that the Yakels’ did not contract with Wheeler to be their general contractor.  And so their breach-of-contract claim and breach-of-implied warranty claims based on the contrary theory fail as a matter of law.  Because their negligence claim also seeks to remedy their defeated expectations on the construction project, the economic-loss doctrine forecloses it as well.

            Appeal from the Iowa District Court for Des Moines County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A postconviction applicant appeals the denial of relief, asserting ineffective assistance of counsel relating to jury selection and a motion for change of venue.  OPINION HOLDS: Finding Royer did not prove counsel was ineffective, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Badding, P.J., Bower, S.J., and Carr, S.J.  Opinion by Badding, J.  (5 pages)

            An applicant appeals the summary disposition of his application for postconviction relief, claiming his sentence violates ex post facto protections.  OPINION HOLDS: Finding no ex post facto violation, we affirm the summary disposition of the applicant’s application for postconviction relief.

            Appeal from the Iowa District Court for Linn County, Valerie Clay, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A defendant challenges his sentences for eluding, driving while barred, and operating while intoxicated.  OPINION HOLDS: Because the court appropriately weighed the necessary factors in reaching its decision, we affirm. 

            Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Brian Ray Dunn appeals the sentence imposed after pleading guilty to third‑degree sexual abuse, challenging the guilty plea proceedings.  OPINION HOLDS: Because Dunn failed to preserve error by filing a motion in arrest of judgment, he has not shown good cause to appeal and we lack jurisdiction.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Greer, J.  (17 pages)

            James Bashore appeals the decree dissolving his marriage to Loriel Bashore (now known as Loriel Nordmeyer).  James challenges the district court’s admission of exhibit 26, the spousal-support provision, the child-support provision, the division of marital property, and the award of $4000 in trial attorney fees to Loriel.  Loriel asks that we affirm the district court and award her $2500 in appellate attorney fees.  OPINION HOLDS: Because exhibit 26 was inadmissible, we exclude it from our review on appeal.  We affirm the spousal-support provision, the property division, and the $4000 award of trial attorney fees to Loriel.  We reverse the district court’s determination that their child is a dependent adult and the corresponding child-support provision.  Finally, we award Loriel $2500 in appellate attorney fees. 

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A defendant appeals his discretionary sentence, challenging the use of a victim impact statement and asserting the sentencing court abused its discretion.  OPINION HOLDS: Finding error was not preserved on the victim impact statement, and the district court did not abuse its discretion in sentencing, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Nathan Wilson appeals his prison sentence stemming from the discharge of a weapon followed by a six-hour standoff with police.  Wilson pleaded guilty to reckless use of a firearm causing bodily injury, interference with official acts while armed, and intimidation with a dangerous weapon.  Wilson contends the district court should have suspended the prison sentence and instead placed him in residential treatment.  OPINION HOLDS: We find no abuse of discretion in the sentencing, thus, we affirm.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            Rocky Trujillo challenges his convictions for first-degree murder and two counts of first-degree robbery.  OPINION HOLDS: Because sufficient evidence supports all three convictions, we affirm.