2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Gamble, S.J.  Opinion by Bower, C.J. (5 pages)

            Dennis Boone Jr. appeals the sentence imposed by the district court following his guilty plea to possession of a firearm as a felon.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (6 pages)

            A workers’ compensation claimant appeals the district court’s ruling on judicial review of the workers’ compensation commissioner’s determination that his claim was barred for untimely notice, arguing the commissioner improperly applied the discovery rule.  OPINION HOLDS: Because claimant did not provide his employer notice of his injury until almost a year after learning of his injury and that the injury was work-related, we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert and Lawrence P. McLellan, Judges.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            Cassi Bird appeals the sentence imposed by the district court following her guilty plea to possession of methamphetamine with intent to deliver and tax stamp violation.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Tyden Clark challenges his sentence following his guilty plea to robbery in the first degree, arguing the district court abused its discretion when weighing the relevant sentencing factors.  OPINION HOLDS: Because we find the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

            Brandon Lyman appeals his sentence following his convictions for second-degree burglary, two counts of willful injury causing bodily injury, and second-degree attempted burglary.  OPINION HOLDS: The sentencing court did not err in considering Lyman’s character and propensity, the effect of the crimes on the community, and his chances of reform and treatment in imposing a term of incarceration rather than probation.  Therefore, finding no abuse of the sentencing court’s discretion, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            Breck Briley appeals from an order modifying the placement of the parties’ only child from her physical care to the care of the child’s father, Austin Shepherd.  She also tries to appeal an award of trial attorney fees, and Shepherd requests appellate attorney fees.  OPINION HOLDS: Giving the district court’s factual findings the weight they deserve, we agree that placing the child with Shepherd is in the child’s best interests—particularly his interest in being supported to have a relationship with both parents.  Briley’s attempted challenge to the attorney-fee award is not properly before us because the district court did not make a final attorney-fee award in the only order that Briley appealed.  And we decline Shepherd’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Schumacher, P.J.  (4 pages)

            Jessie Teah appeals the dismissal of his application for postconviction relief.  He argues equitable tolling should be applied to save his application from the statute of limitations.  OPINION HOLDS: Because we determine the applicant failed to preserve this issue with the district court, we affirm.

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            Jerry Seuntjens and Seuntjens Farms appeal from an adverse judgment after a bench trial that Seuntjens breached his contract with RCB Porkers 4, LLC by refusing to pay the contracted price for manure from RCB Porker’s hog facility.  OPINION HOLDS: The parties’ contract is unambiguous that the manure price is based on “the commercial fertilizer rate”—not some private rate available only to Seuntjens.  So the district court correctly found that Seuntjens breached the contract when he refused to pay the price calculated based on the commercial rate obtained by RCB Porkers.

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A criminal defendant attempts to appeal his guilty plea.  OPINION HOLDS: Because the claim pursued is not yet ripe for adjudication, we dismiss his appeal.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Heard by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (18 pages)

            Matthew Kisting appeals the modification of the decree dissolving his marriage to Sara Bahl.  He challenges the decision to grant physical care of the parties’ children to Sara and contends the court interfered with his parental rights in violation of both the United States and Iowa Constitutions.  He also challenges the district court award of Sara’s trial attorney fees.  Finally, Sara requests an award of appellate attorney fees.  OPINION HOLDS: Because it is in the best interests of the children, we affirm the modification but vacate the portion designating Sara as the sole decision-maker for religious and educational matters.  We find the district court did not interfere with Matthew’s constitutional or parental rights.  Finally, we decline to consider Matthew’s challenge to Sara’s trial-attorney-fees award as premature, and we award Sara appellate attorney fees.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because we find one of the mother’s claims precluded, the child’s best interests support termination, and no permissive exception applies, we affirm.

            Appeal from the Iowa District Court for Bremer County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights to her children, claiming termination is not in the children’s best interests and requesting a deferral of permanency or establishment of a guardianship as an alternative to termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.