2025 Archive | Court of Appeals Court Opinions

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

            Enterprise Products Operating, LLC appeals the district court’s ruling on judicial review affirming the Iowa Utilities Commission’s imposition of civil penalties totaling $1.8 million for nine violations of Iowa Code chapter 479B (2023)’s permit requirements for interstate hazardous liquid pipelines and underground storage facilities.  Enterprise argues that the Commission: (1) erred in deciding that Enterprise’s pipeline system required nine permits—rather than just one—and thus that Enterprise committed nine violations of the permit requirements every day rather than just a single violation; (2) lacked authority to impose a civil penalty of more than $200,000 because the nine violations were a “related series of violations” under Iowa Code section 479B.21(1); and (3) violated article I, section 6 of the Iowa Constitution “by imposing a substantially larger penalty against Enterprise than for similarly situated pipeline and utilities companies.”  OPINION HOLDS: We cannot consider Enterprise’s first claim because it did not preserve error on that issue before the Commission or the district court.  The Commission correctly interpreted section 479B.21(1) to only cap the total amount for the series of daily $1000 penalties for ongoing violations authorized in the statute’s immediately preceding sentence—rather than all related violations as Enterprise urges.  And the Commission’s civil penalty did not violate article I, section 6 because Enterprise did not receive different treatment than similarly situated companies.

            Appeal from the Iowa District Court for Webster County, John J. Haney, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J. (8 pages)

            Alec Jones appeals his conviction for first-degree murder, claiming the evidence was insufficient to establish that the shooting of his father was not justified.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Julie Monday appeals a judgment in favor of Jim Lovely and WWJD Enterprises, LLC arising from a real estate dispute. She alleges a valid contract existed for the sale of a home and seeks specific performance. OPINION HOLDS: Because we find the parties never formed a contract, we affirm the district court’s judgment in favor of Lovely.

            Appeal from the Iowa District Court for Polk County, Kristen Formanek, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J. (6 pages)

            Sammi Thurman appeals her conviction and sentence following her guilty plea to child endangerment.  She claims the district court erred by relying on her stipulation that she violated her probation without determining whether her violations were willful and by failing to impose a fine in its oral sentencing pronouncement but then imposing the minimum fine in its written judgment entry.  OPINION HOLDS: Because Thurman waived her first challenge, we do not address its merits.  We grant the parties’ request to vacate the fine imposed by the court and remand for resentencing on that issue only.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            A plaintiff appeals the district court’s grant of a motion to dismiss for failure to file a certificate of merit in compliance with Iowa Code section 147.140 (2023), asserting the defendants waived their right to file a motion to dismiss and that the statute is unconstitutionally void for vagueness.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard at oral arguments by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (14 pages)

            Defendants appeal a bench trial ruling finding them liable for unjust enrichment and the damage calculation.  Plaintiffs cross-appeal a finding there was no breach of contract and the unjust enrichment damage calculation.  OPINION HOLDS: We affirm the appeal and cross appeal. 

            Appeal from the Iowa District Court for Scott County, Jeffrey C. McDaniel, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J. (7 pages)

            Richard Allen Sharples appeals the district court’s sentencing order, arguing the sentence was illegal.  He further argues that the district court abused its discretion by considered improper factors at sentencing.  OPINION HOLDS: We conclude the district court did not impose an illegal sentence, and that the district court did not abuse its discretion by considering improper factors at sentencing.  We thus affirm the district court. 

            Appeal from the Iowa District Court for Boone County, Christopher C. Polking, Judge.  AFFIRMED.  Heard at oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  Dissent by Sandy, J.  (16 pages)

            Ashlea Teter appeals the denial of her second petition to modify the physical care provisions of the decree resolving issues of child custody, support, and visitation of the child she shares with Javonte Hines-Miller.  OPINION HOLDS: Although a new incident of domestic violence is a change of circumstances relating to the child’s welfare, the child was not present during it and there is no evidence that it adversely affected him.  Because Ashlea failed to meet her burden of showing that she can provide superior care, we must affirm.  DISSENT ASSERTS: Javonte’s continued acts of domestic violence present a great enough threat to the child’s safety and development that Ashlea’s basic display of stability demonstrates her superior ability to minister to the needs of the child, and I would thus modify physical care to place the child with Ashlea.  I respectfully dissent.

            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.