March 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Jones County, Valerie L. Clay, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (10 pages)

            David Hering appeals the district court’s ruling dismissing his petition for judicial review.  He claims the district court incorrectly determined that (1) it lacked subject matter jurisdiction over the petition and (2) his petition failed to state claim upon which relief may be granted.  Additionally, he appeals the district court’s ruling denying his motion for sanctions against an attorney for the Iowa Department of Corrections.  OPINION HOLDS: Because we find Hering’s petition fails to state a claim upon which relief may be granted, we affirm.  We also find the district court did not commit an abuse of discretion by denying his motion for sanctions.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (3 pages)

            Terrell Burton challenges the district court’s dismissal of his application for postconviction relief as untimely, urging us to consider his prior motions to correct an illegal sentence as timely PCR applications.  OPINION HOLDS: Because his motions to correct an illegal sentence were not PCR actions and his present PCR application is untimely, we affirm. 

    Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (10 pages)

    Ryan McDonald pleaded guilty to second-degree murder.  In this appeal from the denial of postconviction relief, McDonald alleges that his plea counsel was ineffective in two ways: (1) by allowing him to plead guilty without a factual basis supporting the plea, and (2) by failing to provide him with additional minutes of testimony, rendering his guilty plea unknowing and involuntary.  OPINION HOLDS: On our review, we affirm the denial of relief.
 

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (10 pages)

            Ryan Allen appeals his sentence as imposed by the district court, after this court remanded for resentencing.  He makes four arguments on appeal, only one of which is preserved for review.  He argues the district court erred when it used a risk assessment that considered Allen’s unemployment before incarceration, as he is now employed in prison.  OPINION HOLDS: We find the district court exercised proper discretion in considering the risk assessment during sentencing and affirm the sentence imposed by the district court.  

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (4 pages)

            An inmate appeals the district court’s decision on judicial review to uphold denial of his release on parole, challenging the constitutionality of the Board of Parole’s “boilerplate” decision and the adequacy of the cited grounds for denial.  OPINION HOLDS:  We find no due process violation here.  And the seriousness of Yancey’s offense was a reasonable factor for the Board to consider in denying Yancey’s release.  Therefore, we affirm.

    Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J. (6 pages)

    Joshua Hubler appeals his prison sentence for possession of methamphetamine with intent to deliver, contending that the district court abused its discretion by imposing incarceration based on its “mistaken belief that [he] had received treatment” before in the community without any benefit.  OPINION HOLDS: Nothing in the record shows that Hubler had been offered or participated in substance-use treatment in the community.  Because the court’s incarceration decision was driven by its misreading of the record, we vacate Hubler’s sentence and remand for resentencing before a different judge.
 

            Appeal from the Iowa District Court for Marshall County, Ashley Sparks, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (4 pages)

            J. Jesus Gonzalez Rodriguez appeals the district court’s order modifying the 2019 order establishing child support, arguing insufficient evidence supported the district court’s finding that his income is $107,297.24.  OPINION HOLDS: We modify the district court’s order, finding that Jesus’s annual income is $79,586.50.  We affirm the order in all other respects and remand to the district court for recalculation of child support.

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Buller, J., takes no part.  Opinion by Greer, P.J.  (6 pages)

            Rochelle Ogden Sziber challenges the district court’s denial of her motion in arrest of judgment and request to withdraw her guilty plea.  OPINION HOLDS: Sziber does not have good cause for this appeal, and we decline to grant discretionary review.  So, we lack jurisdiction to reach the merits of her claim; we dismiss the appeal.

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (4 pages)

            Christian Vorland appeals his sentences for two counts of distributing drugs to a minor within 1000 feet of a school, three counts of third-degree sexual abuse, and one count of domestic abuse assault causing bodily injury or mental illness.  OPINION HOLDS: The district court did not abuse its discretion in imposing consecutive sentences totaling eighty years in prison rather suspended sentences.   

            Appeal from the Iowa District Court for Davis County, Greg Milani, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (8 pages)

            Matthew Wettstein appeals his sentence as imposed by the district court, arguing the court relied on unproven or unprosecuted facts in victim impact statements when imposing sentence.  OPINION HOLDS: Because we find Wettstein failed to make a showing of affirmative evidence the district court relied on unproven or unprosecuted facts, we affirm his sentence. 

            Appeal from the Iowa District Court for Howard County, Richard D. Stochl, Judge.  APPEAL DISMISSED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (4 pages)

            The State appeals the district court’s dismissal without prejudice of D.H.’s petition for relief from firearms disability.  The State argues dismissal without prejudice was improper because an evidentiary hearing on the petition’s merits was held and thus required the district court to deny the petition, which would subject D.H. to the statutory two-year time bar on refiling his petition.  OPINION HOLDS: Because we do not have jurisdiction to rule on the applicability of the statutory time bar and any remaining claim is moot, we dismiss the State’s appeal.

            Appeal from the Iowa District Court for Black Hawk County, Alan Heavens, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Amanda Gabel appeals the district court’s child‑custody determination, which placed the parties’ child in Brad Pieper’s physical care.  OPINION HOLDS: Because Pieper having physical care is in the child’s best interests, we affirm.