2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Brian Ray Dunn appeals the sentence imposed after pleading guilty to third‑degree sexual abuse, challenging the guilty plea proceedings.  OPINION HOLDS: Because Dunn failed to preserve error by filing a motion in arrest of judgment, he has not shown good cause to appeal and we lack jurisdiction.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Greer, J.  (17 pages)

            James Bashore appeals the decree dissolving his marriage to Loriel Bashore (now known as Loriel Nordmeyer).  James challenges the district court’s admission of exhibit 26, the spousal-support provision, the child-support provision, the division of marital property, and the award of $4000 in trial attorney fees to Loriel.  Loriel asks that we affirm the district court and award her $2500 in appellate attorney fees.  OPINION HOLDS: Because exhibit 26 was inadmissible, we exclude it from our review on appeal.  We affirm the spousal-support provision, the property division, and the $4000 award of trial attorney fees to Loriel.  We reverse the district court’s determination that their child is a dependent adult and the corresponding child-support provision.  Finally, we award Loriel $2500 in appellate attorney fees. 

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

            A defendant appeals his discretionary sentence, challenging the use of a victim impact statement and asserting the sentencing court abused its discretion.  OPINION HOLDS: Finding error was not preserved on the victim impact statement, and the district court did not abuse its discretion in sentencing, 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 Tabor, P.J.  (5 pages)

            Nathan Wilson appeals his prison sentence stemming from the discharge of a weapon followed by a six-hour standoff with police.  Wilson pleaded guilty to reckless use of a firearm causing bodily injury, interference with official acts while armed, and intimidation with a dangerous weapon.  Wilson contends the district court should have suspended the prison sentence and instead placed him in residential treatment.  OPINION HOLDS: We find no abuse of discretion in the sentencing, thus, we affirm.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            Rocky Trujillo challenges his convictions for first-degree murder and two counts of first-degree robbery.  OPINION HOLDS: Because sufficient evidence supports all three convictions, we affirm.

            Appeal from the Iowa District Court for Dallas County, Stacy Ritchie, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, P.J.  (12 pages)

            Phillip Creese appeals the property-division provisions in the district court’s decree dissolving his marriage to Colleen Creese.  Colleen cross-appeals the court’s decision granting the parties joint physical care of their minor child and requests appellate attorney fees.  OPINION HOLDS: We affirm, finding that the district court’s valuation of the marital home was within the range of permissible evidence.  Additionally, we find the district court acted equitably in setting aside $25,000 from the value of the marital home for Phillip.  As to the physical care arrangement for the parties’ minor child, we agree with the court that joint physical care is in the best interests of the child.  Lastly, we deny Colleen’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (3 pages)

            A criminal defendant appeals a discretionary sentence, urging the sentencing court had a fixed policy.  OPINION HOLDS: We find the sentencing court did not have a fixed sentencing policy and did not abuse its discretion.

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

            A father appeals the private termination of his parental rights under Iowa Code section 600A.8 (2022).  OPINION HOLDS: Because we conclude the grounds for termination were met and the best interests of the child favor termination, we affirm.

            Appeal from the Iowa District Court for Harrison County, Charles D. Fagan, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (15 pages)

            A guardian appeals the termination of a minor guardianship.  OPINION HOLDS: We conclude the juvenile court correctly terminated the guardianship and affirm.

            Appeal from the Iowa District Court for Marion County, Brad McCall, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A debtor appeals from a ruling enforcing an unsatisfied small-claims judgment based on the limitations period.  OPINION HOLDS: Concluding small-claims actions are tried in a court of record under our unified court system and therefore subject to a twenty-year limitations period, we affirm the district court.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (8 pages)

            Defendant appeals the imposition of consecutive prison sentences.  OPINION HOLDS: Because the district court gave a comprehensive statement of reasons, including acknowledging mitigating factors and reasons for imposition of consecutive terms of imprisonment, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A criminal defendant attempts to appeal an agreed-upon sentence entered following his guilty plea.  OPINION HOLDS: Because this attempted appeal is not supported by good cause, we dismiss it.