August 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Darin Peterson appeals his two convictions for second-degree sexual abuse.  He raises four claims: (1) he contends the court improperly instructed the jury on the intent element of the offenses; (2) he asserts counsel was ineffective for failing to object to the erroneous instruction; (3) he accuses the State of failing to disclose evidence favorable to him; and (4) he argues that prosecutorial misconduct denied him a fair trial.  OPINION HOLDS: We find that the instruction did not prejudice Peterson and we lack authority to hear the ineffective-assistance claim.  For the third and fourth claims, Peterson failed to preserve error.  So, we affirm the convictions. 

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Chicchelly, J., takes no part.  Opinion by Greer, J. (11 pages)

            Ethan Orton appeals the sentence imposed following his guilty plea to two counts of first-degree murder as a juvenile offender.  OPINION HOLDS: The sentencing court met the requirements of Miller/Lyle/Roby, applied the presumption against a minimum term of incarceration, and considered the mitigating juvenile sentencing factors, and the court provided sufficient detail for us to exercise our review of the record.  Thus, the court did not abuse its discretion, and we affirm.

            Appeal from the Iowa District Court for Madison County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (16 pages)

            Kendra and Jeffrey Levine, individually and as next friends of their minor daughter, appeal the dismissal of their claims against Michael and Heidi Boyd and their minor son on summary judgment.  The Levines contend the district court erred in granting summary judgment on their claims for intentional infliction of emotional distress, intentional interference with the parent-child relationship, false imprisonment, negligence, negligent supervision, and parental responsibility for the actions of a minor child.  OPINION HOLDS: Because we conclude the undisputed facts establish that the Boyds are entitled to judgment as a matter of law, we affirm the district court’s ruling.

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Bower, S.J.  Opinion by Bower, S.J.  (4 pages)

            Joscela Holloway appeals the sentences imposed after her guilty pleas to twenty-three offenses.  OPINION HOLDS: Finding no abuse of discretion, we affirm. 

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A defendant argues the district court erred in denying his motion to suppress.  OPINION HOLDS: Because there is no preemption of the city ordinances by state statutes, 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 Schumacher, J.  (8 pages)

            Defendant argues the district court improperly admitted evidence of prior bad acts.  OPINON HOLDS: Because we find the evidence was properly admitted to show intent and motive, we affirm.

            Appeal from the Iowa District Court for Marshall County, John R. Flynn, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (10 pages)

            A father appeals the district court’s denial of his petition to modify his dissolution decree, arguing he should be given physical care and sole legal custody of the parties’ children.  The father also requests appellate attorney fees.  OPINION HOLDS: Because the father failed to prove he could provide superior care to the children and modifying physical care and legal custody is not in the children’s best interests, we affirm.  We reject the father’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            Plaintiff appeals the district court’s grant of summary judgment finding the defendant was not a possessor of the property where plaintiff slipped and fell, and therefore defendant could not be held liable for negligence. OPINION HOLDS: We conclude summary judgment was appropriate on the arguments preserved for appeal and affirm the district court. 

            Appeal from the Iowa District Court for Dickinson County, Charles Borth, Judge.  AFFIRMED.  Heard by Tabor, P.J, Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, and Bower, S.J.* Opinion by Chicchelly, J.  (14 pages)

            A property owner appeals the declaratory judgment confirming its obligation to pay dues and special assessments to a neighborhood homeowner association and challenges the attorney fee award.  OPINION HOLDS: Because the relevant restrictive covenants have not expired, Lake Cabin is responsible for its financial obligations to WOHLOA.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.   (7 pages)

            After concluding it lacked subject matter jurisdiction when it entered a 2020 custody order regarding N.G.M., the child of Jonathan Meador and Di Lu, the district court vacated the 2020 order.  Jonathan appeals, arguing the district court misapplied Iowa Rules of Civil Procedure 1.1012 and 1.1013; he suggests rule 1.1012 is the only mechanism by which the district court may vacate the 2020 order.  OPINION HOLDS:         Because Jonathan does not challenge the district court’s conclusion that it lacked subject matter jurisdiction to enter the 2020 custody order, and because a ruling entered without subject matter jurisdiction is void and must be vacated, we affirm.

            Appeal from the Iowa District Court for Grundy County, Daniel L. Block, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            The mother appeals from an order establishing a guardianship over her child.  OPINION HOLDS:  Because the record supports the juvenile court’s order, we affirm.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Langholz, JJ.  Opinion by Greer, P.J.  Special Concurrence by Ahlers, J.  (11 pages)

            The district court granted in part and denied in part Bryan Dewhurst’s application for rule to show cause against his ex-wife, now known as Laura Imsland.  Bryan appeals, challenging the district court’s dismissal of count I of the application, which involved the claim that Laura violated the court’s custody order by not facilitating the return of their child to Bryan’s physical care after the child left his home in February 2023.  Laura counters by arguing the court correctly dismissed count I.  Each party also requests appellant attorney fees.  OPINION HOLDS: We affirm the district court ruling and deny the requests for attorney fees.  SPECIAL CONCURRENCE ASSERTS: Because the district court had discretion to decline to hold a party in contempt and did not abuse that discretion, I believe it is not necessary to reach the question of whether Bryan Dewhurst met his burden of proof to establish Laura Imsland intentionally interfered with his physical-care rights to their child.