2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II, Judge.  CONVICTIONS AFFIRMED AND SENTENCES VACATED IN PART.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J. (8 pages)           

            John West was convicted of third-degree sexual abuse, lascivious acts with a child, and false imprisonment.  On appeal, he challenges the sufficiency of the evidence supporting the confinement element of his conviction for false imprisonment.  Additionally, he challenges a portion of his sentences requiring him to complete sex offender treatment.  OPINION HOLDS: Finding that the evidence was sufficient to convince a rational jury beyond a reasonable doubt that West confined the victim, we affirm his conviction for false imprisonment.  And because we find that the district court exceeded its authority by ordering West to complete sex offender treatment, we vacate this part of his sentences. 

            Appeal from the Iowa District Court for Osceola County, Carl J.  Petersen, Judge.   AFFIRMED.   Considered by Bower, C.J., Langholz, J., and Potterfield, S.J.   Opinion by Langholz, J.   (8 pages)

            Plaintiff Hard Rappen Ranch, LLC, appeals the dismissal of his suit with prejudice after he repeatedly failed to pay the defendant’s venue-change attorney fees ordered under Iowa Rule of Civil Procedure 1.808.  OPINION HOLDS: Considering Hard Rappen’s willful noncompliance—it offered no viable justification for its venue jockeying, nor any credible explanation for twice disregarding the court’s order—and affording due weight to the district court’s discretion, we affirm.

            Appeal from the Iowa District Court for Jasper County, Charles Sinnard, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (14 pages)

            A moving company challenges a district court order granting plaintiff’s motion to substitute parties in a personal injury case.  OPINION HOLDS: Because the right defendant had notice of the plaintiff’s misnomer from the start, we find the district court properly allowed him to amend his pleadings.  Thus, we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Badding, J.  (6 pages)

Sam Sando appeals the sentence imposed on his conviction following the revocation of his deferred judgment.  OPINION HOLDS: Finding no affirmative showing of an abuse of discretion or defect in the sentencing procedure, we affirm the sentence imposed.

            Appeal from the Iowa District Court for Jackson County, Meghan Corbin, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (7 pages)

            Louis Cubbage appeals his sentence for willful injury causing bodily injury, arguing that the district court considered and relied on an improper sentencing factor when it stated that he “almost killed” his victim.  OPINION HOLDS: Because we find that the district court improperly considered unproven activity that was unsupported by the record when it stated Cubbage “almost killed” his victim, we vacate his sentence and remand for resentencing in front of a different judge.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Mohammed Baduruddin Hussain appeals his sentences after pleading guilty to two counts of third-degree sexual abuse.  OPINION HOLDS: The court did not rely on an impermissible sentencing factor by considering the need for punishment.  Because the court acted within its discretion when it imposed consecutive sentences, we affirm.

            Appeal from the Iowa District Court for Jackson County, Meghan Corbin, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Dissent by Buller, J.  (8 pages)

            Louis Cubbage appeals his sentence for driving while barred. OPINION HOLDS: We conclude that Cubbage’s sentence for driving while barred should be vacated and this case remanded for resentencing with a companion case in which he was sentenced for willful injury resulting in bodily injury.  By imposing concurrent sentences, without much mention of the driving-while-barred conviction, we conclude the district court considered the sentences to be interconnected.  We accordingly vacate the sentence for driving while barred without further opinion and remand for resentencing in front of a different judge.  DISSENT ASSERTS: Because the majority decides an unbriefed issue, bypasses the supreme court’s denial of a motion to consolidate, and applies inapposite case law from combined sentencing appeals, I dissent.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            Read Cowern appeals from a district court order modifying the joint-physical-care provision of the decree dissolving his marriage with Brandis Cowern.  He argues that rather than placing their children in Brandis’s physical care, the court should have placed them in his care or increased the amount of his visitation.  OPINION HOLDS: Discord between the parents amounted to a substantial change in circumstances warranting modifying the physical-care provision of the decree.  And placement with Brandis and the modified care schedule serves the best interests of the children by creating more stability for the children and reducing points of conflict between the parents.  We also award Brandis appellate attorney fees.   

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J. (6 pages)

            Tyler Michael Fontanini appeals the sentences imposed by the district court after pleading guilty, contending that the sentencing court abused its discretion by failing to consider certain mitigating factors.  OPINION HOLDS: Because we find no abuse of discretion, we affirm the sentences.

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Bower, C.J., and Badding and Langholz, JJ.  Opinion by Bower, C.J.  (12 pages)

            Nordstrom, Inc. appeals the district court’s order affirming the decision of the workers’ compensation commissioner awarding industrial disability benefits to Pamela Carmer for injuries to Carmer’s shoulders.  OPINION HOLDS: Upon review, we affirm in part, reverse in part, and remand with instructions.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            A father appeals the termination of his parental rights to three children, claiming the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the children’s best interests, a six-month extension would eliminate the grounds for termination, and the court should apply a permissive exception to preclude termination.  OPINION HOLDS: Upon review, we affirm.

            Appeal from the Iowa District Court for Ringgold County, Monty Franklin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (13 pages)

            A father appeals the termination of his parental rights, challenging the grounds for termination and arguing termination is not in the child’s best interests, the State did not provide reasonable efforts towards reunification, a permissive exception to termination should have been applied, and the court should have given him another six months for reunification.  OPINION HOLDS: We affirm. SPECIAL CONCURRENCE ASSERTS: I disagree that the juvenile court’s termination of the father’s parental rights under Iowa Code section 232.116(1)(b) (2023) allows us to avoid addressing his reasonable-efforts argument.  Although we often state reasonable efforts are not a “strict substantive requirement of termination,” In re C.B., 611 N.W.2d 489, 493 (Iowa 2000), once the juvenile court transfers custody of a child to the department of health and human services, the department must make reasonable efforts to return the child safely home unless the court waives that requirement.  Iowa Code § 232.102(4)(b).  In my view, it is time for our supreme court to clarify the “strict substantive requirement” reference in C.B. and correct our court’s practice of snubbing reasonable-efforts claims in cases where the juvenile court terminates based on paragraph (b).  I would address the father’s reasonable efforts challenge and find that his request was untimely.  So I concur on the ultimate result.