2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (6 pages)

A defendant challenges his sentence for first degree murder and a separate first-degree robbery charge.  He alleges the district court abused its discretion by not properly considering the Lyle juvenile sentencing factors.  OPINION HOLDS: Because the district court performed a thorough analysis of all the pertinent factors, we see no abuse of discretion.  Thus, we affirm.

            Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            An applicant appeals the dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: Finding that Mayorga’s counsel’s failure to prepare for the PCR trial and motioning for a continuance after over a year had elapsed since the PCR trial date was set and on the eve of the PCR trial amounted to Mayorga being constructively without counsel, and thus finding structural error, we reverse the court’s dismissal of the PCR application and remand for further proceedings.

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Rosalio Quiroz appeals his conviction for second-degree sexual abuse.  He contends the district court erred and abused its discretion in admitting hearsay and vouching evidence and substantial evidence does not support the verdict.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict.  And we find no merit in any of Quiroz’s hearsay challenges.  Finally, we find the forensic interviewer did not offer bolstering or vouching testimony, so the district court did not abuse its discretion by allowing it.  We affirm Quiroz’s conviction for second-degree sexual abuse.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Lynn Koester appeals the dismissal of her petition alleging wrongful termination in violation of public policy as a common-law claim and retaliation under Iowa Code chapter 91A (2022).  On the first claim, the district court found she did not identify a public policy violation so she failed to state a claim for which relief can be granted.  And on the second, it found the claim is barred by the statute of limitations and failed to state a claim.  OPINION HOLDS: We find that the district court erred at law in concluding there was no public policy justification to maintain her wrongful termination common law claim.  We reverse dismissal and remand for further proceedings on that claim.  On her statutory claim for retaliation directly under chapter 91A, we find the claim is barred by the statute of limitations.  So we affirm in part, reverse in part, and remand for further proceedings on the common law wrongful termination claim.

            Appeal from the Iowa District Court for Clayton County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            Timothy Doyle appeals from the district court’s dismissal of his breach-of-contract claims against Johnny B’s Construction, Inc., the contractor that he hired to repair his hunting cabin.  He also appeals the judgment against him on Johnny B’s counterclaim that he breached the contract by failing to pay for all the services performed under the contract.  OPINION HOLDS:  The evidence before the district court was sufficient for the court to reach its findings that (1) Johnny B’s delay in performance was excused by the pandemic; (2) Doyle’s allegations of defective workmanship were not credible; and (3) Doyle breached the contract by failing to pay for some of the work Johnny B’s performed.

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Schumacher, P.J.  (11 pages)

            Felty Yoder appeals his convictions and sentences.  He argues the State failed to present sufficient evidence to support his convictions for sex abuse, the district court improperly admitted evidence of prior bad acts, and the court impermissibly relied on unproven offenses in sentencing.  OPINION HOLDS: We find sufficient evidence supports Yoder’s convictions, and the district court did not abuse its discretion in either admitting evidence or in sentencing.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  Dissent by Langholz, J.  (18 pages)

            A party to arbitration appeals a ruling vacating the award.  OPINION HOLDS: We affirm, finding the district court correctly ruled the award was not supported by substantial evidence. DISSENT ASSERTS: Because the district court exceeded the bounds of its limited review of arbitration awards under Iowa Code section 679A.12 (2022), I would reverse the district court and let the binding arbitration award stand.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (14 pages)

            Thomas Yarges appeals the denial of his application for postconviction relief.  OPINION HOLDS: Yarges has failed to demonstrate the prejudice necessary to succeed on his claim of ineffective assistance of counsel because by pleading guilty he avoided two potential felony convictions and eight more years of imprisonment, and the State’s case against him was strong.  Likewise, Yarges failed to present clear and convincing evidence that based on his assertions to the contrary of the State’s witnesses no reasonable jury could have found that he committed the crimes of which he was accused.  We affirm.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            Garry Gulash appeals the district court’s denial of his request to modify the property division in the parties’ dissolution decree.  OPINION HOLDS: At the time of the dissolution decree, the court and the parties treated Garry’s pension benefits as marital property, not as income.  We reject Garry’s attempt to recategorize the benefits he receives as disability benefits, which could be treated as income.  The division of property in a dissolution decree is not subject to modification.  We affirm the court’s decision to deny the request to modify the decree.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF CORRECTED SENTENCING ORDER.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J. (5 pages)

            Quaysean Purdy appeals the fines imposed following his convictions for third-degree sexual abuse and assault with intent to commit sexual abuse.  He argues the district court abused its discretion when it set the fine on each count.  OPINION HOLDS: The district court did not abuse its discretion when setting the fines on either count.  However, we remand for entry of a corrected sentencing order to harmonize the written sentencing order with the oral pronouncement of sentencing on the assault-with-intent-to-commit-sexual-abuse conviction setting the term incarceration not to exceed two years and imposing a fine of $855.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  Dissent by Langholz, J.  (21 pages)

            Guardians appeal the district court’s denial of their petition to terminate a mother’s parental rights to her child under Iowa Code chapter 600A (2020).  OPINION HOLDS: Upon our review, we reverse and remand with instructions to enter an order terminating the parental rights of the mother.  DISSENT ASSERTS: I am compelled to conclude—like the district court—that the guardians have not met their heavy burden to prove abandonment, mainly because of their prevention of contact between the mother and child and their refusal of financial support from the mother.  Thus, I would affirm the dismissal of this termination petition. 

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., Langholz, J., and Vogel, S.J.  Opinion by Bower, C.J.  (8 pages)

            Aaron Clark appeals property distribution and spousal support provisions of the decree dissolving his marriage to Rochelle Clark and challenges the court’s award of trial attorney fees to Rochelle.  OPINION HOLDS: We find no failure to do equity in the court’s division of the pension and retirement benefits.  We also affirm the award of spousal support but modify the amount to $700 per month.  The district court did not abuse its discretion when it awarded attorney fees, and we award Rochelle appellate attorney fees.  We affirm as modified.