2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Datarius Spates appeals from the district court’s denial of his motion for new trial based on newly discovered evidence.  OPINION HOLDS: Because Spates failed to meet his burden to prove the affiant or purported eyewitness provided newly discovered information, nor would either likely change the trial’s result, we affirm.

            Appeal from the Iowa District Court for Polk County, Sarah Crane and Jeanie Vaudt, Judges.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (17 pages)

                A husband appeals the decree dissolving his marriage, arguing the district court erred in (1) finding a premarital agreement between the parties unenforceable, (2) treating his inherited assets as marital property, (3) requiring him to be partially responsible for debt under a home equity line of credit, (4) conditioning the duration of his obligation to pay his wife’s health insurance expenses on whether he exercised his right to appeal, and (5) awarding his wife trial attorney fees.  The wife requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court on all issues except the award of trial attorney fees.  Because those fees were not supported by an itemization, we modify the decree to vacate the award and remand for reconsideration of trial attorney fees consistent with this opinion, together with the wife’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Sean Freese appeals the denial of his application for postconviction relief.  OPINION HOLDS: Freese has not shown his trial attorneys’ strategic decision to forgo a diminished responsibility defense denied him effective assistance of counsel.  There is insufficient evidence in the record to allow us to resolve a claim of ineffective assistance of postconviction-relief counsel raised for the first time on appeal.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Bert, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  Dissent by Langholz, J. (19 pages)

            Heartland Co-op (Heartland) appeals the district court’s grant of summary judgment to Nationwide Agribusiness Insurance Company, arguing the insurance policy issued to Heartland allowed it to recover for separate losses at each location, subject to the per loss coverage limit in the policy.  OPINION HOLDS: Under the terms of the policy, Heartland suffered only one loss, so we affirm. DISSENT ASSERTS:  Interpreting the text of the policy as a whole, I would hold that a business-interruption loss is tied to physical loss or damage at a specific location.  So when more than one location has physical losses, the business interruption at each of those locations is multiple losses too.  And because the $3 million limit is per loss—not per occurrence or per peril or capped by the catastrophe limit that the parties chose not to set—Heartland can claim up to $3 million for each of the business interruption losses arising from each of the physical losses at Heartland’s locations.  Even if the majority’s contrary interpretation is also reasonable, the policy is fairly susceptible to two interpretations, and this interpretation favoring the insured must thus be adopted.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Tabor, P.J.  (11 pages)

            In September 2019, Des Moines Police Officer Trudy Paulson shot Bryan Norris while responding to complaints about a homeless camp near the Racoon River.  Norris sued Paulson and the city alleging unreasonable seizure under the state constitution and common law assault.  The district court denied the city’s motion for summary judgment.  After that denial, our supreme court overruled Godfrey v. State, 898 N.W.2d 844 (Iowa 2017), which had recognized standalone suits for damages under the Iowa Constitution.  See Burnett v. Smith, 990 N.W.2d 289, 307 (Iowa 2023).  In this interlocutory appeal, the city argues that Burnett eliminated Norris’s constitutional claim.  It also contends that Officer Paulson’s use of force was reasonable under Iowa Code section 804.8 (2022).  OPINION HOLDS: On the first issue, the city is correct that Norris’s constitutional claim cannot move forward after Burnett.  On the second issue, the district court was correct in deciding the common law assault claim was for the jury to decide.  Thus, we affirm in part, reverse in part, and remand for trial on the assault claim.

            Appeal from the Iowa District Court for Hamilton County, Jennifer Miller, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., Chicchelly, J., and Gamble, S.J.  Langholz, J., takes no part.  Opinion by Bower, C.J.  (9 pages)

            Jeffery and Angela Oppedahl appeal the district court’s order dismissing their invasion-of-privacy claims against First State Bank.  OPINION HOLDS: We reverse the district court’s order granting First State Bank’s motion to dismiss and remand for further proceedings.

            Appeal from the Iowa District Court for Montgomery County, Craig M. Dreismeier, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Bower, C.J.  (15 pages)

            Scott Rolenc appeals the district court’s order recognizing his brother, Steve Rolenc, as successor trustee of their mother’s trust.  OPINION HOLDS: Upon review, we affirm the court’s order.

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Greer, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (10 pages)

            James Allen Breen appeals the denial of his application for postconviction relief (PCR).  OPINION HOLDS: We agree with the PCR court’s determination that Breen was not prejudiced by any deficiencies in counsel’s performance.  We affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, III, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Todd Matthew Crosgrove challenges the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: Because substantial evidence supports the verdict, we affirm his conviction.

            Appeal from the Iowa District Court for Wapello County, Gregory Milani, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J. (15 pages)

            Preston Martin appeals his convictions by bench trial for murder, burglary, and robbery, each in the first degree.  He argues the district court should have found he proved his defense of insanity.  OPINION HOLDS: We find substantial evidence supporting the court’s decision that Martin failed to prove his insanity defense, so we affirm the verdicts. 

            Appeal from the Iowa District Court for Tama County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A defendant challenges her sentences arising from an armed assault at a social club.  She raises a due process argument and challenges the sentencing court’s discretion.  OPINION HOLDS: We find that the defendant failed to preserve error on her constitutional claim and detect no abuse of discretion on the court’s denial of a deferred judgment.  Thus, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            An applicant appeals the denial of postconviction relief related to trial counsel’s effectiveness.  OPINION HOLDS: Because the applicant failed to generate a triable issue, we affirm.