May 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Calhoun County, Amy M. Moore, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered without oral argument by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (9 pages)

            A father appeals from a custodial decree granting both parents legal custody and placing their child in the mother’s physical care.  The father challenges the award of joint legal custody and the physical-care determination.  The father also requests appellate attorney fees.  OPINION HOLDS: We agree with the district court that awarding the parents joint legal custody is in the child’s best interests.  However, we conclude that the child’s interests are best served by placing the child in the father’s physical care.  We remand to the district court to determine the mother’s visitation schedule, child-support obligation, obligations for medical support, and tax dependency exemptions.  We do not award the father any appellate attorney fees.

Appeal from the Iowa District Court for Polk County, David Nelmark (motions) and Jeffrey Farrell (trial), Judges.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (10 pages)

            Following a jury trial, Darren Diggs appeals his conviction for first-degree murder.  He challenges the admission of evidence under the inevitable discovery rule.  He argues the district court erred in determining the inevitable discovery rule does not violate article I, section 8 of the Iowa constitution.  The State rejects Diggs’s constitutional challenge and counters that even if the inevitable discovery rule is unconstitutional, the admission of the disputed evidence was harmless.  OPINION HOLDS: As the record contains overwhelming evidence of guilt beyond the disputed evidence, any alleged error was harmless.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Douglas Dally appeals the judgment entered on his negligence claim against Randy Demro.  OPINION HOLDS: I. The district court did not err in admitting Dally’s mental health records into evidence because they were relevant and the probative value was not outweighed by the danger of unfair prejudice.  II. Because the jury’s damage award is not inconsistent, we affirm the denial of Dally’s motion for new trial.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered without oral argument by Badding, P.J., Buller, J., and Carr, S.J.  Opinion by Badding, P.J.  (7 pages)

            A defendant appeals the district court’s denial of his motion in arrest of judgment and his prison sentence.  OPINION HOLDS: The district court correctly denied Vivas’s untimely motion in arrest of judgment.  Additionally, we find no abuse of the court’s discretion in imposing a prison sentence.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (12 pages)

            A state employee appeals the district court’s dismissal of his petition for judicial review.  OPINION HOLDS: We affirm the district court’s dismissal of Stanfield’s petition for judicial review.

            Appeal from the Iowa District Court for O'Brien County, Nancy L. Whittenburg, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchellly, J.  (4 pages)

            Sheila Marie Sundall appeals the sentence imposed after pleading guilty to possession of a controlled substance, third or subsequent offense.  OPINION HOLDS: Because the sentencing court considered an unproven offense when sentencing Sundall, we vacate and remand for resentencing before a different judge consistent with this opinion.

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (4 pages)

            Rodney Henricksen appeals the district court’s denial of his application for postconviction relief, arguing his trial counsel was ineffective in failing to (1) call his lip-reading expert to testify at trial, (2) adequately prepare Henricksen and another witness for their testimony, (3) adequately communicate regarding his case and trial strategies, such as a justification defense, and (4) seek a mistrial based on Henricksen’s jail phone calls.  OPINION HOLDS: Because we cannot provide any better reasoning or analysis than that found in the district court’s thorough and well-reasoned order, we affirm with this memorandum opinion.

    Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (8 pages)

    Cedric Taylor appeals his sentence for sexual abuse in the third degree, contending that the State breached the plea agreement and that the district court abused its discretion in imposing a term of incarceration by considering an unproven offense.  OPINION HOLDS: On the first contention, because the plea agreement allowed the State to advocate for any sentence provided by law, the prosecutor’s comments did not breach that agreement.  On the second claim, the sentencing court’s colloquial references to the victim as a child did not betray an intent to sentence Taylor for an uncharged offense.  We thus affirm the judgment and sentence.
 

Appeal from the Iowa District Court for Dallas County, Erica Crisp, Judge.  APPEAL DISMISSED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (4 pages)

            Following his guilty plea to an aggravated misdemeanor, Cedric Taylor appeals the district court’s imposition of a sentence that conforms with the plea agreement.  OPINION HOLDS: Because Taylor did not establish good cause, we lack jurisdiction to consider the appeal.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  APPEAL DISMISSED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (5 pages)

            Smith appeals his guilty plea, arguing he was not adequately informed of the consequences of pleading to the lesser-included charge of attempted murder.  OPINION HOLDS: Because Smith did not raise his argument on appeal in his motion in arrest of judgment, his only claim of error was not preserved, so he does not have good cause to appeal.  We dismiss his appeal.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (10 pages)

            Nathan Gunson appeals the district court’s denial of his petition to modify the decree dissolving his marriage with Heather Gunson.  He argues the district court erred in (1) failing to sever shared physical care and award Nathan physical care, (2) failing to set child support and uncovered medical costs in accordance with Nathan’s physical care status, (3) awarding Heather trial attorney fees, and (4) failing to award Nathan trial attorney fees.  Nathan also requests appellate attorney fees.  OPINION HOLDS: We find that Heather’s move caused a material and substantial change in circumstances.  We accordingly reverse the district court’s denial of Nathan’s petition, modify the custody order to award him physical care of the children, and remand to the district court for determination of a visitation schedule, recalculation of child support and uncovered medical costs, and entry of an order consistent with this opinion.  We reverse the district court’s award of trial attorney fees to Heather and award Nathan $5000 in appellate attorney fees.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (13 pages)

            The father appeals the termination of his parental rights, arguing the juvenile court impinged on his due process rights, erred in finding a statutory basis for termination, erred in finding termination was in the child’s best interests, failed to apply an exception to termination, and failed to provide reasonable efforts to the father to aid in reunification.  Alternatively, the father asks for guardianship or extension of termination proceedings.  OPINION HOLDS: We conclude the State’s failure to formally serve the father with notice of the child-in-need-of-assistance proceeding does not require a reversal of the order terminating his parental rights.  Substantively, the court did not err in finding a statutory basis for termination, termination is in the best interests of the child, no permissive exception to termination applies, and any extension of proceedings or implementation of a guardianship is not in the best interest of the child.