2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  REVERSED AND REMANDED.  Considered by Tabor, C.J., and Badding and Buller, JJ.  Opinion by Tabor, C.J.  Dissent by Buller, J.  (29 pages)

            A defendant appeals his convictions for possession of methamphetamine with intent to deliver and failure to affix a tax stamp stemming from a search of his bag during his arrest.  OPINION HOLDS: Because the defendant had no realistic ability to access the fanny pack after he was handcuffed and escorted to the patrol car, the search did not meet the incident-to-arrest exception to the warrant requirement.  Thus, we reverse the suppression ruling and remand for further proceedings.  DISSENT ASSERTS: As I would follow longstanding state and federal law on search incident to arrest instead of placing officers at risk, I dissent.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (2 pages)

            An applicant appeals the dismissal of his untimely third application for postconviction relief.  OPINION HOLDS: Because the application was filed outside the statute of limitations, we affirm.

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (6 pages)

            An employer appeals a district court ruling on judicial review affirming a workers’ compensation decision that awarded an employee permanent total disability benefits.  OPINION HOLDS: We affirm the district court’s conclusions that the challenged findings are supported by substantial evidence.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (8 pages)

            A father appeals the termination of his parental rights, arguing the grounds for termination have not been met and termination is not in the child’s best interest.  OPINION HOLDS: While the mother improperly interfered with the father’s efforts at contacting the child, the lack of contact required by the statute was caused more by the father’s lack of effort.  The mother established a statutory ground for termination, and that termination is in the child’s best interest, so we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jessica Noll, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A person appeals from a court order committing her as a person with a substance-use disorder pursuant to Iowa Code chapter 125 (2023).  OPINION HOLDS: We affirm, finding sufficient evidence to support commitment and that—assuming without deciding there is a right to effective counsel under chapter 125—counsel was not ineffective.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            An applicant appeals the dismissal of his application for postconviction relief, claiming he should have been excepted from the statute of limitations based on a new ground of law.  OPINION HOLDS: Finding error was not preserved on the applicant’s claim for exception from the statute of limitations and he is otherwise not entitled to relief on the merits, we affirm dismissal of his application for postconviction relief.

            Appeal from the Iowa District Court for Butler County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Potterfield, S.J.  Opinion by Badding, P.J.  (8 pages)

            A father appeals a custody decree placing the parties’ children in the physical care of their mother.  OPINION HOLDS: Deferring to the district court’s credibility findings, we affirm the district court’s physical-care decision.  We deny the mother’s request for an award of appellate attorney fees.

            Appeal from the Iowa District Court for Muscatine County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Badding, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (5 pages)

            Justin Loper appeals from a jury verdict and district court judgment to the same finding the appellees, Bradley Bark, D.C. and Bark Chiropractic & Rehab Clinic, LLC, not liable for alleged injuries and damages sustained by Loper, arguing the district court erred in permitting cross-examination of an expert witness concerning prior allegations made by the Iowa Board of Medicine against the expert witness.  OPINION HOLDS: Finding that Loper has failed to preserve error on his statutory argument, we affirm the district court’s judgment.

            Appeal from the Iowa District Court for Bremer County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Jerod Cox appeals the denial of his motion to suppress, arguing officers who seized him did not have reasonable suspicion to demand he exit his vehicle.  OPINION HOLDS: Because we find the officer had reasonable suspicion to believe Cox was intoxicated, justifying Cox’s detention and the officers’ order for Cox to exit his vehicle, we affirm.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (3 pages)

            A defendant appeals his criminal sentences.  OPINION HOLDS: Finding no abuse of discretion or defect in sentencing procedure, we affirm. 

            Appeal from the Iowa District Court for Jasper County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            The applicant appeals the denial of his postconviction relief application, asserting he sufficiently pled newly discovered evidence to bypass the statute of limitations.  OPINION HOLDS: Because the applicant pled only a generic allegation of newly discovered evidence, with no facts or specifics to support it, we affirm dismissal of the application.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J. (5 pages)

            Michael Radtke Jr. appeals his sentence for operating while intoxicated, second offense, arguing the district court abused its discretion by sentencing him to prison instead of a jail sentence with a suspended term of incarceration with probation.  OPINION HOLDS: Because we find the district court did not abuse its discretion, we affirm.