2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Humboldt County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Langholz, J., takes no part.  Opinion by Schumacher, P.J.  (6 pages)

            Krystal Wagner, individually and as the administrator of the estate of her son Shane Jensen, appeals the district court decision granting summary judgment to the State and Officer William Spece on her constitutional tort claims.  OPINION HOLDS: Following Burnett v. Smith, 990 N.W.2d 289, 307 (Iowa 2023), Wagner’s constitutional tort claims are no longer actionable.  And Wagner did not appeal her common law tort claims.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  Concurrence in part and dissent in part by Schumacher, J. (18 pages)

            Kelly Bast appeals, and Kathy Bast cross-appeals, the financial provisions in the decree dissolving their marriage.  OPINION HOLDS: Finding no failure to do equity as to Kelly, we affirm on appeal.  But we agree with Kathy the court should have set aside $40,000 in proceeds traceable to her inheritance from her sister.  As a result, we modify the decree by vacating Kathy’s equalization payment but affirm on the trial court’s denial of additional attorney fees.  PARTIAL DISSENT ASSERTS: I join in the majority opinion in all respects except for the amount of alimony awarded to the payee spouse. Due to the amount of assets each party received, each party’s retirement status, and the needs of the payee spouse, an award of traditional alimony in the amount of $900 per month is equitable.

            Appeal from the Iowa District Court for Hamilton County, Amy M. Moore, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Langholz, J., and Gamble, S.J.*  Opinion by Schumacher, P.J.  (8 pages)

            The Hamilton County Board of Supervisors (Board) as trustee of Drainage District No. 71 (DD71) appeals the district court decision reversing its decision to annex certain property into DD71.  OPINION HOLDS: There is not sufficient information in the annexation report to show the land the Board sought to annex into the drainage district would be materially benefited by the annexation, and therefore the land should not be annexed.  We affirm the decision of the district court.

            Certiorari to the Iowa District Court for Polk County, Coleman McAllister, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            On writ of certiorari, Terrence Reasby challenges the district court’s denial of his motion for earned-time credit for the days he spent in a treatment program before his probation was revoked.  OPINION HOLDS: Because Reasby was neither an inmate nor committed to the custody of the DOC while he was on probation and spending time at Bridges, he is not entitled to earned-time credit.  We affirm the district court’s denial of his motion and annul the writ.

            Certiorari to the Iowa District Court for Grundy County, Linda M. Fangman, Judge.  WRIT SUSTAINED AND CASE REMANDED.  Considered by Greer, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            The question presented in this certiorari action is whether the district court abused its discretion in denying Christopher Buck’s application to modify a sex offender registration requirement.  OPINION HOLDS:  Because Buck is at low risk to reoffend and there is no substantial benefit to public safety in continuing his registration requirements, the district court abused its discretion in denying modification.  We sustain the writ of certiorari and remand to the district court for entry of an order granting Buck’s application.   

            Appeal from the Iowa District Court for Hamilton County, Hans Becker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Dissent by Tabor, P.J.  (20 pages)

            A defendant appeals his criminal convictions and sentence imposed, arguing the convictions are not supported by substantial evidence and the court abused its discretion in sentencing.  OPINION HOLDS: We affirm, concluding the convictions are supported by substantial evidence and the sentences are not the product of an abuse of discretion.  DISSENT ASSERTS: I respectfully dissent from the majority’s decision finding sufficient evidence to support the convictions.  I disagree that the State offered much if any evidence to show the defendant could form the specific intent to assault a jailer or damage property.  Instead, the State conveyed to the jury an inaccurate view of the defendant’s diminished responsibility defense.  Because the evidence at trial revealed a failure to recognize an inmate’s mental-health crisis rather than the inmate’s specific intent for assault or damage to property, I would reverse his convictions.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            Kenith Lewis appeals the denial of his application for postconviction relief, which raised claims of ineffective assistance of counsel.  OPINION HOLDS: Finding Lewis has not overcome the presumption of competence on either of his claims, we affirm the denial of his application for postconviction relief. 

            Appeal from the Iowa District Court for Hancock County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J. (15 pages)

            Glenn Thompson appeals his drug convictions, challenging the denial of his motion to suppress evidence obtained as a result of a traffic stop.  He argues his constitutional rights were violated because the traffic stop was extended beyond its permissible duration and evidence obtained as a result of a search of his person would not have been inevitably discovered.  OPINION HOLDS: Finding no constitutional violation, we affirm the denial of Thompson’s motion to suppress and his resulting convictions.

            Appeal from the Iowa District Court for Clayton County, Richard D. Stochl, Judge.  DISTRICT COURT RULING VACATED AND CASE REMANDED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Manuel Seenster Jr. appeals an order denying his motion for new trial on a remand from this court.  OPINION HOLDS: Because the district court entered the order on a remand before procedendo issued on the first appeal, the district court lacked jurisdiction.  And because the district court lacked jurisdiction, the order is a nullity.  We vacate the order denying the motion for new trial—which leaves us nothing to review.  The case is remanded for the district court to address the pending new trial motion. 

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (8 pages)

            Beneficiaries of a trust appeal from a ruling denying their motion to terminate the trust.  OPINION HOLDS: We agree with the probate court that continuing the trust is necessary to fulfil its material purposes and affirm.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Chicchelly, J., takes no part.  Opinion by Buller, J.  (7 pages)

            Royal Rio Jones appeals following his guilty plea and sentences.  OPINION HOLDS: We affirm, concluding Jones invited any alleged error related to the presentence investigation waiver and the district court did not abuse its discretion at sentencing.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

            Noah Scott was convicted of two counts of first-degree robbery and sentenced to two concurrent twenty-five-year terms of imprisonment; he is required to serve 70% of the sentence before becoming eligible for parole or work release.  On appeal, Scott argues (1) we should adopt more protective double jeopardy standards and, based on those heightened protections, grant his motion to dismiss; (2) in the alternative, there is not substantial evidence to support his convictions; and (3) the district court failed to consider all pertinent information before requiring him to serve 70% of the imposed sentenced as a mandatory minimum.  OPINION HOLDS: We are not at liberty to adopt a new standard for reviewing double jeopardy claims under the Iowa Constitution, substantial evidence supports the determination Scott was one of the armed robbers, and the district court neither erred nor abused its discretion in ordering Scott to serve 70% of the mandatory minimum before becoming eligible for parole or work release.  For these reasons, we affirm.