2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: Because after our de novo review of the record we find that the children could not be safely returned to the mother’s custody at the time of the termination hearing and reliance on the permissive exception to order a guardianship is unwarranted, we affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Decatur County, John D. Lloyd, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Chiccelly, JJ.  Opinion by Bower, C.J.  (13 pages)

            Gerry Greenland appeals his convictions for assault on a peace officer and attempt to commit murder of a peace officer.  OPINION HOLDS: We find sufficient evidence supports Greenland’s convictions and distinct actions underlie the offenses so the convictions do not merge.  We affirm.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Dominick Marcott appeals the denial of his application for postconviction relief following his guilty plea to operating a motor vehicle without the owner’s consent.  He contends plea counsel provided ineffective assistance.  OPINION HOLDS: Marcott failed to prove counsel breached an essential duty in allowing him to plead guilty, so we affirm the denial of postconviction relief. 

            Appeal from the Iowa District Court for Jackson County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (12 pages)

            After a jury convicted Ryder Sisco of first-degree kidnapping and domestic abuse assault by impeding airflow or blood circulation in 2016, Sisco applied for postconviction relief (PCR), which the district court denied.  On appeal, Sisco re-raises some of his claims of ineffective assistance of trial counsel, asserting he was prejudiced by trial counsel’s failure to (1) object to testimony from the expert criminalist regarding DNA evidence, (2) challenge the State’s proof Sisco removed or confined the complaining witness, and (3) explain the plea offer in a way he could understand.  OPINION HOLDS: Sisco failed to establish any of his claims of ineffective assistance of trial counsel.  We affirm the district court’s denial of his application for PCR. 

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            An applicant appeals the denial of postconviction relief claiming his trial counsel was ineffective in three respects.  OPINION HOLDS: Because we find the applicant did not preserve error on one of his claims and that counsel was not ineffective on the other two, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson (sentencing) and Scott D. Rosenberg (jury trials and guilty plea), Judges.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (12 pages)

            Dylan McCombs appeals his conviction and sentence for first-degree theft, first-degree criminal mischief, willful injury causing bodily injury, assault while displaying a dangerous weapon, extortion, and first-degree harassment.  OPINION HOLDS: We affirm the convictions and sentences, concluding that McCombs failed to preserve error on his challenge to wearing leg shackles at trial, substantial evidence supports that McCombs acted with specific intent and without justification, and the district court did not err or abuse its discretion in imposing consecutive sentences.

            Appeal from the Iowa District Court for Jackson County, John Telleen (summary judgment) and Stuart P. Werling (trial), Judges.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A civil defendant appeals from adverse summary-judgment and breach-of-contract rulings.  OPINION HOLDS:  We affirm, finding the summary-judgment argument waived through failure to order a necessary transcript and substantial evidence and credibility findings support the breach-of-contract ruling.

            Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (8 pages)

            Chad Vice appeals his conviction for delivery of five grams or less of methamphetamine.  He argues (1) the “State failed to disprove entrapment beyond a reasonable doubt” because the “confidential informant was a close personal friend of” his and (2) the district court “abused its discretion and violated [his] due process rights when finding good cause to extend the proceedings under COVID-19 Iowa Supreme Court orders.”  OPINION HOLDS: We conclude the State disproved entrapment beyond a reasonable doubt, the court did not abuse its discretion in denying Vice’s motion to dismiss, and Vice did not preserve error on his due process claim.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (3 pages)

            Creon Davis appeals the sentence imposed following his guilty plea to second-degree sexual abuse.  OPINION HOLDS: The district court was not aware Iowa Code section 901.5(13) (2022) gave it discretion to suspend the special sentence imposed because Davis was a minor at the time he committed the offense.  Because the court was unaware of its discretion, we remand for resentencing.

            Appeal from the Iowa District Court for Greene County, Derek Johnson, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  Dissent by Langholz, J.  (29 pages)

            Hunter Three Farms, an Iowa limited liability company (LLC), appeals from a district court ruling that granted summary judgment in favor of one of the company’s three member-managers.  The district court concluded the LLC lacked standing to sue the member because bringing the claim required unanimous consent of all members and he did not consent to being sued.  OPINION HOLDS: On appeal, we hold that an LLC may sue one of its members under exceptional circumstances if all disinterested members unanimously consent to litigation.  We reverse and remand for further proceedings consistent with this opinion. DISSENT ASSERTS: By default under Iowa’s statute governing LLCs, an LLC must have “the consent of all members” to take the extraordinary action of filing suit against one of its members. Iowa Code § 489.407(2)(d).  Because I would stick with the text of the statute rather than marking it up with an exception of our own creation, I respectfully dissent.

            Appeal from the Iowa District Court for Carroll County, Christopher C. Polking, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (20 pages)

            Two cotenants challenge the district court’s hybrid partition of a family farm.  They also request attorney fees.  OPINION HOLDS: Because we find the district court’s order to be statutorily sound, equitable, and practicable, we affirm and do not award fees.

            Appeal from the Iowa District Court for Chickasaw County, John J. Sullivan, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Gamble, S.J.  Opinion by Tabor, P.J.  (10 pages)

            A retailer appeals the district court’s decision finding she breached a noncompete agreement and awarding damages.  OPINION HOLDS: Because the district court properly found a breach of the noncompete clause and its damage assessment was sound, we affirm.  We also award the appellee reasonable appellate attorney fees.