February 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (15 pages)

            Bill McDonough appeals three financial provisions of the decree dissolving his twenty-eight-year marriage with Rachel McDonough.  He challenges: (1) the amount and duration of Rachel’s traditional-spousal-support award; (2) a restriction on the use of the children’s 529 accounts to meet his obligation to pay for their private primary and secondary schooling; and (3) a purported obligation for him to pay expenses for the parties’ adult children.  OPINION HOLDS: On our de novo review, giving appropriate deference to the district court, we agree that the amount of spousal support is equitable.  We reject Bill’s argument that the award should automatically end when Rachel reaches a specific age or retires—such a change in circumstances must be addressed in a modification proceeding.  But because Rachel agrees the award must end if she remarries, we modify the decree accordingly.  As for the funds in the 529 accounts, we cannot say that preserving them for college expenses is inequitable.  Bill’s challenge to the purported obligation to pay expenses for the parties’ adult children is not preserved for our review.  We thus affirm the decree as modified, assess appellate costs to Bill, award Rachel appellate attorney fees, and remand for decision on a reasonable amount of fees.

            Appeal from the Iowa District Court for Osceola County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (11 pages)

            Dennis Thompson appeals a jury’s guilty verdict, arguing the district court erred when the court allowed the State to amend the trial information during trial and insufficient evidence underlies the jury’s verdict, as the child complainant’s testimony was uncorroborated.  OPINION HOLDS: Because the amended jury instructions did not change Thompson’s trial strategy, Thompson set forth an incomplete alibi before trial started, we find the court did not err when it allowed an amendment to trial information mid-trial.  Finally, Iowa courts have found a child’s uncorroborated testimony is sufficient to underly a guilty verdict.

            Appeal from the Iowa District Court for Delaware County, Margaret L. Lingreen, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (15 pages)

            Donald and Linda Lawson appeal from a judgment decree quieting title of two parcels of land in their neighbors after their neighbors brought an action to quiet title and raise several tort claims against the Lawsons.  The Lawsons argue they have an easement running through the parcels.  They also argue that the district court abused its discretion by bifurcating the quiet-title issue and tort claims and addressing the quiet-title issue first.  OPINION HOLDS: The Lawsons do not have a valid express easement, easement by implication, modified prescriptive easement, or easement by acquiescence.  The district court did not abuse its discretion when it bifurcated the quiet-title issue from the tort claims and addressed the quiet-title issue first.  However, because there is a factual dispute as to whether the Lawsons have a valid prescriptive easement, the district court erred by granting summary judgment on that claim.  We reverse the district court’s summary judgment ruling on that issue.  We remand for further proceedings.

            Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, C.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            Kevin Kelley appeals his conviction for operating while intoxicated, second offense, arguing it is not supported by substantial evidence.  OPINION HOLDS: Considering Kelley’s admission at the scene regarding his use of methamphetamine and marijuana, the pipe in his vehicle that appeared to have burnt methamphetamine, his performance on field sobriety tests, the heat bumps on his tongue, and his refusal to give a urine sample to be tested for illegal substances after drinking large quantities of water, substantial evidence supports the jury’s determination that Kelley was “under the influence.” 

            Appeal from the Iowa District Court for Delaware County, William Patrick Wegman and Monica Zrinyi Ackley, Judges.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            A jury convicted Frank Berwanger of criminal mischief, interference with official acts, and eluding.  Berwanger challenges a ruling on his motion to suppress claiming the initial traffic stop was unlawful, argues the State failed to present sufficient evidence to support his criminal mischief conviction, and claims the district court erred by refusing to submit a self-defense instruction to the jury.  OPINION HOLDS: The district court committed no errors in finding there was substantial evidence supporting Berwanger’s conviction for criminal mischief, that the motion to suppress was without merit, and that Berwanger was not entitled to a justification jury instruction.  We affirm.

            Appeal from the Iowa District Court for Mills County, Jennifer Benson Bahr, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. (3 pages)

            A criminal defendant appeals his sentence as a habitual offender.  OPINION HOLDS: We conclude the defendant’s risk‑assessment challenge was not preserved, but the fine should not have been imposed.  We affirm in part, reverse in part, and remand with directions to enter a corrected sentencing order.

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (6 pages)

            Bonita Harland and her children, Amanda Lovig, Travis Harland, and Ethan Harland, appeal the district court’s dismissal of their petition contesting the will of Arlene Kae Severidt, Bonita’s sister.  OPINION HOLDS: Because Bonita and her children were not entitled to notice of the admission of Severidt’s will to probate, their petition is barred by the statute of limitations.  We affirm.

    Appeal from the Iowa District Court for Marshall County, Amy M. Moore and James C. Ellefson, Judges.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (9 pages)

    Blessing Toe pleaded guilty to extortion and assault with intent to inflict serious injury.  For these crimes, Toe received a sentence of up to seven years in prison.  On appeal, Toe challenges his written guilty plea and asks for resentencing.  OPINION HOLDS: We find good cause for Toe to appeal his plea but cannot grant the relief he seeks.  Iowa Code section 814.29 (2023) precludes us from vacating his guilty pleas.  And the district court did not abuse its discretion in imposing the parties’ agreed-to consecutive prison terms.  So, we affirm.
 

            Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Judge.  AFFIRMED AND REMANDED TO DETERMINE ATTORNEY FEES.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. Concurrence in part and dissent in part by Schumacher, P.J.  (11 pages)

            A father, Shawn, appeals the provisions of a decree dissolving his marriage granting the mother, Emma, sole legal custody and physical care of their minor child.  The mother requests appellate attorney fees.  OPINION HOLDS: We agree with the district court’s custody and physical care determination; we affirm and remand to determine appellate attorney fees in a reasonable amount not to exceed $7500.  PARTIAL DISSENT ASSERTS: I am pleased to join in the well-reasoned majority opinion concerning the award of legal custody and physical care.  I dissent only as to the majority’s determination that Shawn should contribute to Emma’s appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Mark Steinhelper appeals his convictions on two counts of lascivious conduct with a minor.  OPINION HOLDS: Based on the plain language and clear meaning of Iowa Code section 709.14(1) (2023), a person commits lascivious conduct with a minor by removing or forcing the removal of a minor’s clothing.   Applying that interpretation to the facts, viewed in the light most favorable to the State, substantial evidence shows Steinhelper committed two counts of lascivious conduct with a child.

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            An estate appeals the district court’s dismissal of its wrongful‑death action against a healthcare entity, contending that its claims were improperly dismissed.  OPINION HOLDS: Because the estate’s claims required a certificate of merit affidavit, and because the estate failed to file one, the claims were properly dismissed.

    Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (9 pages)

    A father appeals an order modifying his former wife’s visitation schedule with their now ten-year-old daughter.  He contends that his former wife did not show a material change in circumstances justifying the modification.  He also argues that the expanded visitation is not in their daughter’s best interests.  OPINION HOLDS: Because the record belies both points, we affirm the modification order.  And we decline both parties’ requests for attorney fees.