2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED AS MODIFIED.  Considered without oral argument by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            Kiranmai Yarlagadda appeals the decree dissolving her marriage with Venkata Yarlagadda.  She argues that the property division was inequitable and that she should have been awarded traditional spousal support rather than only five years of rehabilitative spousal support.  OPINION HOLDS: On our de novo review, we agree that the district court equitably divided the marital property.  But given the parties’ twenty-two year marriage, disparity in their incomes, Kiranmai’s limited earning capacity and long-standing financial dependence on Venkata, and Kiranmai’s sacrifice of her medical career to be with Venkata, a traditional-spousal-support award is required to do equity between the parties.  We thus affirm the decree as modified.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED AND REMANDED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            Robert and Alisha Orton appeal the terms of their dissolution decree.  Robert appeals the calculation of his annual income and the spousal support awarded to Alisha.  Alisha cross-appeals, arguing the district court should have awarded a property equalization payment or otherwise asks us to find the premarital agreement unenforceable.  Alisha further requests appellate attorney fees.  OPINION HOLDS: Upon our review, we affirm the district court and remand for a determination of appellate attorney fees.

            Certiorari from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  WRIT ANNULLED.  Considered without oral argument by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            Christine Luna, through writ of certiorari, appeals the amount of restitution ordered by the district court.  Luna claims that the district court erred because the amount of restitution it ordered was not supported by substantial evidence.  OPINION HOLDS: There was substantial evidence for the district court to order $15,117 in restitution.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Greer, J., and Doyle, S.J.  Buller, J., takes no part.  Opinion by Greer, J.  (10 pages)

            Jamodd Sallis appeals his conviction of sexual abuse in the third degree, enhanced as a habitual offender.  He claims the district court erred by denying him the right to counsel by failing to appoint him new counsel or inquire into the breakdown in his attorney-client relationship.  OPINION HOLDS: Because the district court dedicated significant time inquiring into the relationship breakdown and Sallis never requested substitute counsel, we affirm.  

            Appeal from the Iowa District Court for Polk County, Katie Ranes, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (14 pages)

            A decedent’s spouse appeals a declaratory judgment ruling denying her spousal share claim to assets in a Panamanian private interest foundation (PIF) established by the decedent before his death.  OPINION HOLDS: We affirm because a Panamanian PIF is not a revocable trust and thus is not in the list assets under Iowa Code section 633.238(1).

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

            Traci Chamberlain seeks discretionary review of the district court’s ruling affirming both her simple misdemeanor convictions for violations of a no-contact order.  She claims the district court could not have conducted a full and fair review of the record because the magistrate failed to forward the necessary parts of the record required by Iowa Rule of Criminal Procedure 2.72(3).  OPINION HOLDS: We affirm because Chamberlain failed to show that the district court did not have the applicable record available to it.  And even if the district court did not have the applicable record, Chamberlain failed to preserve error on the issue.

            Appeal from the Iowa District Court for Decatur County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Ahlers, P.J. (4 pages)

            Trenton Barnett challenges the sufficiency of the evidence supporting his convictions for criminal mischief in the third degree and trespass causing damage.  OPINION HOLDS: Barnett’s convictions are supported by substantial evidence.

            Appeal from the Iowa District Court for Wright County, Christopher Foy, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Tabor, C.J.  (5 pages)

            Jesus Hernandez appeals his conviction of attempted murder.  Hernandez contends the district court should have suppressed the self-inculpatory statement he made to law enforcement because he was not given a Miranda warning, violating his Fifth Amendment right against self-incrimination.  OPINION HOLDS: Finding no basis for suppressing the challenged statement, we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (4 pages)

            Inmate Michael Lajeunesse appeals the dismissal of his petition for judicial review under Iowa Code section 17A.19 (2024).  OPINION HOLDS: Lajeunesse seeks review of an agency determination that our legislature has expressly made unreviewable.  We therefore affirm the denial of relief.

            Appeal from the Iowa District Court for Washington County, Crystal S. Cronk and Shawn Showers, Judges.  DISTRICT COURT JUDGMENT CONDITIONALLY AFFIRMED; REMANDED WITH INSTRUCTIONS.  Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Per Curiam.  Concurrence in part and dissent in part by Sandy, J.  (9 pages)

            James Calvin Jr. appeals from his convictions, judgment, and sentences for possession of methamphetamine, failure to affix a drug tax stamp, and operating while intoxicated.  Calvin asserts the district court should have dismissed his case on speedy trial grounds, the district court applied the wrong standard when assessing his motion for new trial, and the court imposed the fines in effect at the time of sentencing rather than those in effect at the time of the offense.  OPINION HOLDS: Since Calvin waived his right to a speedy trial we affirm the district court’s ruling on Calvin’s motion to dismiss.  But we remand to the district court for entry of a ruling on Calvin’s motion for new trial applying the proper weight-of-the-evidence standard.  And conditioned on that ruling on the motion for new trial, we also remand for resentencing consistent with this opinion.  PARTIAL DISSENT ASSERTS: Because Calvin failed to bring the district court’s application of the incorrect standard to the district court’s attention, I would hold that error is not preserved for our review on that issue.

Appeal from the Iowa District Court for Louisa County, Clinton R. Boddicker, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Opinion by Sandy, J.  (16 pages)

            Bradley Bell appeals from the decree requiring him to pay Stacy Bell a property equalization payment, spousal support, and attorney fees.  Stacy Bell cross-appeals from the decree, arguing she is entitled to a larger equalization payment and a larger sum of attorney fees, and requests appellate attorney fees.  OPINION HOLDS: After a de novo review, we affirm the district court’s order of an equalization payment and district court attorney fees.  We modify the dissolution decree to eliminate the award of spousal support, and remand for a determination of appellate attorney fees. 

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            Litigants appeal orders denying a motion to tax costs and a late post-trial motion to amend the pleadings.  OPINION HOLDS: Because the district court did not abuse its discretion in either motion, we affirm.