2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager and Robert J. Richter, Judges.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            Paul Kramer challenges his conviction and sentence for driving while barred.  Kramer maintains (1) the district court should have sua sponte ordered a competency hearing; (2) the district court should not have allowed him to represent himself in the criminal proceedings; and (3) he should be resentenced because the district court relied on counterfactual reasons, like a guilty plea and the plea agreement, when giving the basis for the sentence imposed.  OPINION HOLDS: Because we find no legal error in allowing the trial to proceed without having a competency hearing or requiring a competency evaluation, nothing Kramer points to on appeal convinces us his waiver of his right to counsel was not knowing and voluntary, and there were no mistakes or issues with the sentencing hearing and the oral pronouncement of sentence, we affirm.  However, we remand for entry of a nunc pro tunc order to correct the clerical mistakes in the written sentencing order.  

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RECALCULATION OF CHILD SUPPORT.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the district court’s order modifying the father’s child support obligation, arguing the court ignored pertinent facts and that the court should have made the support obligation retroactive.  OPINION HOLDS: Because the district court failed to properly account for various deductions in its child support calculation, we reverse and remand for recalculation of child support.  But we affirm that part of the court’s ruling, establishing a start date for the modified child support payments.

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers, Badding, Chicchelly, and Langholz, JJ.  Opinion by Badding, J.  (13 pages)

            Dana Vietor, a former registered representative with the Financial Industry Regulatory Authority, appeals the denial of his motion to vacate an arbitration award against him for just over $5.7 million on claims brought by ex-clients.  On appeal, Vietor claims the award should have been vacated under the Federal Arbitration Act (FAA) because (1) the arbitration panel refused to postpone the final hearing after Vietor’s lead trial counsel withdrew; (2) one of the arbitrators failed to disclose a conflict of interest; and (3) the panel’s decision on attorney fees, breach of contract, and the arbitration eligibility of several claims were in manifest disregard of the law.  The claimants request an award of appellate attorney fees as a sanction pursuant to Iowa Rule of Civil Procedure 1.413(1).  OPINION HOLDS: We affirm the district court’s denial of Vietor’s motion to vacate the arbitration award, finding that (1) Vietor’s arguments on the panel’s decision on attorney fees, breach of contract, and the arbitration eligibility of several claims do not assert any grounds under section 10 of the FAA for vacatur; (2) the panel was not guilty of misconduct by declining to postpone the final hearing further; and (3) Vietor did not meet his heavy burden to show a conflict of interest concerning one of the arbitrators.  Lastly, we deny the claimants’ request for appellate attorney fees as a sanction against Vietor. 

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

            Zachary Liddick appeals the denial of his application for postconviction relief (PCR), which claimed he received ineffective assistance from his trial counsel and counsel in his first PCR action.  OPINION HOLDS: Because Liddick failed to establish the ineffective assistance of either his trial or PCR counsel, we affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (10 pages)

            A father appeals the private termination of his parental rights over his two daughters under Iowa Code chapter 600A (2023).  OPINION HOLDS: Clear and convincing evidence shows that the father abandoned his two daughters and termination of his parental rights is in their best interests.  And he waived and failed to preserve his claim that he is entitled to a jury trial.  We thus affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Lucas County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Carr, S.J.  Opinion by Badding, P.J.  (5 pages)

            Defendants appeal an adverse district court order quieting title to real property.  OPINION HOLDS: We affirm the district court’s decision and deny the plaintiff’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            John Mark Blair II appeals his sentence, arguing the district court abused its discretion by applying a fixed sentencing policy based on the nature of the offenses.  OPINION HOLDS: We do not find the district court employed a fixed sentencing policy in choosing imprisonment over probation; the court appropriately used its discretion in tailoring the concurrent ten-year sentences to Blair’s individual circumstance.  We affirm.

            Appeal from the Iowa District Court for Poweshiek County, Patrick McAvan, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (11 pages)

            A mother appeals a district court order establishing a guardianship for her minor child.  OPINION HOLDS: Because there is clear and convincing evidence that the mother was not willing or able to exercise the powers the district court granted to the guardians and the guardianship is in the child’s best interest, we affirm upon our de novo review of the record.

            Appeal from the Iowa District Court for Taylor County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Blane, S.J.  Opinion by Langholz, J.  (12 pages)

            Natalie Churchill appeals the district court’s order interpreting her grandfather’s trust and denying her request to remove the trustee—her aunt, Nancy Churchill.  OPINION HOLDS: The district court correctly interpreted the unambiguous terms of trust— Natalie has no interest in the trust income or property until “both” of Churchill’s daughters “are deceased.”  The court did not abuse its discretion in refusing to remove Nancy as trustee.  And we cannot consider Natalie’s attorney-fees arguments because the district court has not made a final attorney-fee award to Nancy and Natalie never requested fees.  We also decline to award Natalie appellate attorney fees.

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

            An applicant appeals the district court’s denial of his application for postconviction relief.  OPINION HOLDS: Because the applicant failed to show that trial counsel breached an essential duty, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Larry Murphy appeals the summary dismissal of his second application for postconviction relief (PCR).  OPINION HOLDS: Because Murphy’s PCR application was filed more than three years after his conviction was final and he asserted no ground of fact material to his substantive claim that could not have been presented within the three-year time frame, see Iowa Code § 822.3 (2023), we affirm.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            Demetrius Wilson appeals his conviction for possession of a controlled substance with intent to deliver (marijuana) within one thousand feet of certain real property.  OPINION HOLDS:  Because Wilson did not file a motion in arrest of judgment following his guilty plea, and he clearly waived his right to have a hearing in open court for his guilty plea, he does not have good cause to appeal this non-class-“A”-felony conviction.  Without good cause, we have no jurisdiction, and we dismiss the appeal.