2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Warren County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (10 pages)

            Zachary Hunt appeals from his conviction for possession or carrying of a dangerous weapon while under the influence.  Hunt contends there was insufficient evidence to support his conviction and the district court erred in refusing his requested jury instruction.  OPINION HOLDS: Finding sufficient evidence to support his conviction and no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Linn County, Mark D. Fisher, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            An applicant appeals from the district court’s denial of his postconviction-relief application wherein the district court found trial counsel was not ineffective and no structural error existed.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Wayne County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A self-represented mother appeals a decree placing physical care of two children with their father.  OPINION HOLDS: Because we find the mother did not preserve error on two of her claims and we agree with the court’s best-interests analysis, we affirm.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  Special Concurrence by Langholz, J. (13 pages)

            Sebastian Landrum appeals his sentences for dominion or control of a firearm by a felon and possession of a controlled substance, marijuana, second offense.  He argues that the district court abused its discretion by failing to adequately explain its reasons for the sentences, relying on only a single factor, and selecting the prison sentences rather than suspended sentences with probation.  OPINION HOLDS: The district court adequately explained its sentencing reasons, properly considered multiple factors, and did not abuse its considerable sentencing discretion in selecting concurrent prison sentences.  We thus affirm Landrum’s sentences.  SPECIAL CONCURRENCE ASSERTS: I write separately to explain my persistent use of the legal-citation parenthetical “(cleaned up)” despite the contrary guidance of the latest edition of The Bluebook: A Uniform System of Citation.  In short, (cleaned up) is worth saving.  And I hope that the bench and the bar will not be bullied by the Bluebook into letting it die.

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A parent appeals the district court’s denial of her petition to modify physical care.  OPINION HOLDS: We affirm the district court’s parenting schedule modification and determination no substantial change of circumstances to warrant a change in physical care.  And we deny the parent’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            An employer and its insurance carrier appeal the district court order reversing the workers’ compensation commissioner’s denial of an employee’s claims for benefits.  OPINION HOLDS: Viewing the entire record before the agency, we agree with the district court’s conclusion that the agency’s causation finding is not supported by substantial evidence.  We also agree that the agency erred by placing the burden on the employee to show he provided notice of his injury rather than requiring the defendants to prove lack of notice as an affirmative defense.  We therefore affirm the judicial review ruling.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (21 pages)

            Mecene Laguerre appeals the district court’s ruling on judicial review affirming the workers’ compensation commissioner’s decision that his skin injury, which was limited to his right arm and leg, was a scheduled injury under paragraph “t” of Iowa Code section 85.34(2) rather than an unscheduled injury under paragraph “v.”  He argues that the court incorrectly interpreted section 85.34(2) because any non-face-or-head skin injury is always unscheduled as a matter of law.  OPINION HOLDS: We agree with the district court that the commissioner did not err.  None of Laguerre’s arguments overcomes the longstanding judicial and agency precedent—recently reaffirmed by our supreme court—that injuries like these to the skin must be evaluated case-by-case to determine whether the injury is localized to a scheduled body part or extends to the whole body.  We thus affirm.

            Appeal from the Iowa District Court for Muscatine County, Joel W. Barrows, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Courtney Ashby appeals the sentencing imposed after pleading guilty to theft in the second degree and extortion.  She alleges the district court abused its discretion in denying her request for probation and sentencing her to prison.  OPINION HOLDS: Because we find the district court did not rely on improper sentencing factors in imposing a prison sentence, we affirm Ashby’s sentences.

            Appeal from the Iowa District Court for Lee (North) County, Joshua P. Schier, Judge.  AFFIRMED.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            Plaintiffs appeal an adverse summary-judgment ruling concerning Iowa’s recreational-land-use statutes.  OPINION HOLDS: Treating the notice of appeal as an application for interlocutory appeal, and construing the recreational-use statutes in favor of the landowner, we affirm the district court.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (6 pages)

            Justin Meade appeals the guilty plea and sentence for his conviction of harassment in the first degree.  He argues that his guilty plea was not knowing or voluntary and that the district court abused its discretion by declining to suspend his sentence despite mitigating factors.  OPINION HOLDS: Because Meade did not file a motion in arrest of judgment, his challenge to the validity of his guilty plea is not preserved for appellate review.  The record reflects that the district court considered all appropriate sentencing factors, including mitigating and aggravating circumstances.  Accordingly, we affirm Meade’s sentence.

            Appeal from the Iowa District Court for Hardin County, Bethany Currie, Judge.  REVERSED IN PART, VACATED IN PART, AND REMANDED.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Chicchelly, P.J.  (9 pages)

            The plaintiffs challenge the district court’s grant of summary judgment for the defendants. They allege the district court erred when it granted summary judgment on (1) their claim of insufficient notice under Iowa Code section 21.4(1) (2023), (2) their claims requesting removal of members of the city council, and (3) joinder of the claims on the court’s own motion. OPINION HOLDS: Upon our review, we reverse the district court’s grant of summary judgment relating to the notice under the Iowa Open Meetings Law and the mandatory joinder of the cases.  And we vacate the dismissal of the removal claims under Iowa Code section 21.6(2).

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (3 pages)

            Clayton Shaw appeals the sentence imposed following his guilty plea to possession of heroin with intent to deliver as an habitual offender.  OPINION HOLDS: The district court did not abuse its discretion when it sentenced Shaw to a term of incarceration.