2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Paul Scott, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Charles Collins appeals the district court’s denial of his petition for judicial review of the workers’ compensation commissioner’s ruling that he is not entitled to benefits because he failed to prove he contracted COVID-19 in the course of his employment with the Des Moines Area Regional Transit Authority.  OPINION HOLDS: Substantial evidence supports the commissioner’s finding that Collins did not prove he was exposed to COVID-19 in his workplace.  True, Collins took many precautions outside of work to avoid contracting COVID-19.  But shortly before testing positive, he also traveled out of state to the Mayo Clinic—staying in a hotel for several days and encountering other people.  Collins also could not show he had prolonged exposure to any COVID-positive employee while at work.  Presented with competing theories of exposure and dueling expert reports, the commissioner’s decision was supported by substantial evidence in the record.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            As part of a plea agreement he entered into with the State, Quintin Clemons pled guilty to eluding, first offense.  The State agreed to recommend a sentence of 120 days in county jail with all but ten days suspended while Clemons was free to make any request.  Following an unreported sentencing hearing, the district court sentenced Clemons to 240 days in the county jail with all but thirty days suspended and placed him on probation.  Clemons appeals that sentence, arguing the district court failed to provide adequate reasons on the record for imposing a more severe sentence than he requested or the State recommended.  OPINION HOLDS: Because the court is not required to give its reasons for rejecting particular sentencing options and the reasons it gave for the sentence it did impose were adequate to enable our review, we affirm. 

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Sandy, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (6 pages)

A defendant appeals the denial of his motion for judgment of acquittal, challenging the sufficiency of the evidence to support a conviction for domestic abuse assault causing bodily injury.  OPINION HOLDS: Finding substantial evidence, we affirm.

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9  pages)

            Erik Marks appeals his conviction for boating while intoxicated, challenging the sufficiency of the evidence and the court’s denial of his motion for new trial.  OPINION HOLDS: Finding the evidence supports his conviction and the district court did not abuse its discretion in denying his motion for new trial, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (12 pages)

            Zebulon Paul Dawson appeals his conviction and sentence after a jury found him guilty of assault causing bodily injury.  OPINION HOLDS: Substantial evidence supports the jury’s verdict, which is not contrary to the weight of the evidence.  Because the district court did not err by denying Dawson a new trial or abuse its sentencing discretion, we affirm Dawson’s conviction and sentence.

            Appeal from the Iowa District Court for Polk County, Scott Beattie, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Mullins, S.J.  Opinion by Mullins, S.J.  Buller, J., takes no part.  (4 pages)

            Charles James appeals the dismissal of his sixth application for postconviction relief, filed more than twenty years after his 2001 conviction for first-degree murder.  OPINION HOLDS: We find the application untimely and affirm dismissal.

            Appeal from the Iowa District Court for Wright County, Blake H. Norman, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Zebulun McFadden appeals his civil commitment as a sexually violent predator under Iowa Code chapter 229A (2023).  McFadden’s sole issue on appeal is a challenge to the sufficiency of the evidence to support the commitment.  OPINION HOLDS: We determine sufficient evidence supports the civil commitment and affirm.

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J. (4 pages)

            Kenneth Edwin Barnes appeals his sentences after pleading guilty to possession with intent to deliver methamphetamine and possession of marijuana, third or subsequent offense.  OPINION HOLDS: The district court accepted Barnes’s guilty pleas and denied his motion in arrest of judgment.  Barnes does not challenge the denial of his motion in arrest on appeal.  Because the ruling and Barnes’s guilty pleas stand, the sentencing court did not abuse its discretion by considering the plea agreement in sentencing Barnes.

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED AS MODIFIED.  Heard by Schumacher, P.J., Badding and Chicchelly, J.J.  Opinion by Chicchelly, J.  (15 pages)

            Gregory (Greg) Maxwell appeals the $626,397.58 judgment entered against him on claims by his father’s estate for conversion and unjust enrichment.  OPINION HOLDS: Because Greg pled guilty to theft in an amount between $500 and $1000, the district court erred by precluding Greg from litigating his liability for theft of over $240,000.  But substantial evidence supports awarding the estate $626,397.58 in damages on the unjust-enrichment claim and denying Greg’s claim that the estate owes him compensation for his caretaking services.  We affirm the judgment as modified.

            Appeal from the Iowa District Court for Madison County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (10 pages)

            Caleb Fairchild was convicted of three counts of sexual abuse in the second degree and one count of indecent contact with a child after his first trial ended in a mistrial.  On appeal, Fairchild argues (1) there was insufficient evidence to convict him of the charges—attacking the reliability and credibility of the testimony of the two child victims and (2) the district court erroneously admitted the hearsay testimony of L.O.’s mother regarding his out-of-court statements because Fairchild’s objection was timely.  OPINION HOLDS: Because we find sufficient evidence underlies the verdict and any erroneously admitted hearsay evidence was not prejudicial, we affirm Fairchild’s convictions. 

            Appeal from the Iowa District Court for Buena Vista County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Buller, P.J., Langholz, J., and Mullins, S.J. Opinion by Buller, P.J.  (6 pages)

            A father appeals a decree placing physical care of three children with the mother.  OPINION HOLDS: Recognizing the district court was in an advantaged position to weigh credibility and that the mother was the historical primary caregiver, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Z. Ackley, Judge.  APPEAL DISMISSED. Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (3 pages)

            A defendant appeals the denial of his motion in arrest of judgment.  OPINION HOLDS: Because he has no right to direct appeal from his guilty plea to non-class “A” offense, and because discretionary review is unavailable for ineffective assistance of counsel claims, we must dismiss the appeal.