2024 Archive | Court of Appeals Court Opinions

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

            An applicant for postconviction relief appeals the dismissal of his application.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

            Max Evan Meharry Stone appeals from the trial court’s finding that he is a sexually violent predator and therefore should be civilly committed pursuant to Iowa Code chapter 229A (2019).  OPINION HOLDS: Because we find that Stone’s constitutional rights were not violated, the court did not abuse its discretion in its evidentiary ruling, and sufficient evidence supports the court’s verdict, we affirm.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Badding, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A defendant appeals her conviction for operating while intoxicated, challenging the denial of her motion to suppress.  OPINION HOLDS: We find that all the facts, taken together, would allow a reasonable officer to suspect impaired driving and conclude the district court correctly denied the defendant’s motion to suppress.  Thus, we affirm her conviction.

            Appeal from the Iowa District Court for Dallas County, Charles C. Sinnard, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL. Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (10 pages)

            A subcontractor appeals a ruling determining that it breached a construction contract.  The developer cross-appeals the ruling awarding the subcontractor an offset for unbilled labor.  OPINION HOLDS: The district court’s determination that the subcontractor breached the contract is supported by substantial evidence.  The district court’s determination that the defendant is entitled to an offset is also supported by substantial evidence.

            Appeal from the Iowa District Court for Floyd County, Gregg R. Rosenbladt, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (15 pages)

            Kara Shannon appeals from the decree dissolving her marriage with Chris Shannon.  She challenges the joint-physical-care placement of their children, the child-support award based on that placement, and the valuation and division of the marital property and debts.  OPINION HOLDS: Giving the district court’s thoughtful decision due deference, we agree that awarding joint physical care serves the best interests of the children.  And the joint-physical-care label is appropriate for the roughly equal parenting schedule here.  So Kara’s challenge to the child support calculation on that basis fails.  We also agree with the district court’s fact findings on the existence of a personal loan and the amount of the Discover-credit-card debt.  But Kara is correct that the property and debt division is inequitable given the parties’ circumstances because it is unequal.  We thus increase Chris’s equalization payment to Kara.  We decline to award Chris appellate attorney fees.

            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.