2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (19 pages)

            Stephen Dierickx appeals the district court’s summary-judgment ruling dismissing his breach-of-contract, negligent-misrepresentation, fraudulent-misrepresentation, consumer-fraud, slander-of-title, and quiet-title claims arising from an online real estate auction conducted by DreamDirt Farm & Ranch Real Estate, LLC.  OPINION HOLDS: Many of Dierickx’s claims rest on his theory that he entered a contract to purchase the real estate when he received an email from DreamDirt informing him that he was the highest bidder in the online auction.  But applying longstanding principles of contract law to this twenty-first century online auction, we agree with the district court that the undisputed facts showed that no valid contract was formed because Dierickx’s bid was an offer that was never accepted by the landowner.  And Dierickx’s alternative claims based on fraud fail because Dierickx points to no false statements on which he relied to his detriment.  We thus affirm the district court’s summary-judgment ruling dismissing Dierickx’s claims.

            Appeal from the Iowa District Court for Dallas County, Michael K. Jacobsen and Brad McCall, Judges.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (21 pages)

            A husband and wife appeal summary judgment rulings, raise claims concerning evidentiary rulings, and allege the district court erred in declining to submit the issue of punitive damages to the jury.  OPINION HOLDS: We conclude the challenged summary judgment orders were appropriate and determine the district court did not abuse its discretion in its evidentiary rulings.  The district court committed no legal error in its directed verdict on punitive damages.  Accordingly, we affirm. 

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

            Ryan Meyer challenges his conviction for possession of marijuana based on the sufficiency of the evidence.  He contends he presented sufficient evidence to warrant a jury instruction on the hemp exception, and the State failed to meet its burden of proving the substances were marijuana rather than hemp.  OPINION HOLDS: The State produced sufficient evidence to support Meyer’s conviction for possession of marijuana.  The State was not required to disprove the hemp exception because Meyer produced no evidence that the substance was hemp.

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

            A defendant appeals his sentences for intimidation with a dangerous weapon and domestic abuse assault.  He argues the State breached the plea agreement by failing to advocate for suspended sentences with probation.  OPINION HOLDS: The prosecutor fulfilled the State’s obligations under the plea agreement and did not express material reservations or suggest an alternative sentence.  Accordingly, the court affirms the sentences imposed.

            Appeal from the Iowa District Court for Adair County, Elisabeth Reynoldson (motions) and Stacy Ritchie (trial), Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J. (10 pages)

            A criminal defendant appeals his convictions for possession of drugs and ammunition as a prohibited person.  OPINION HOLDS: We affirm as to the search warrant and sufficiency of the evidence claims.  Because the defendant was not advised of the need to file a motion in arrest of judgment and the colloquy was materially deficient, we vacate the recidivist portion of the conviction for possession of a controlled substance and the resulting sentence, and we remand with directions. 

            Appeal from the Iowa District Court for Sioux County, Jessica R. Noll, Judge.  AFFIRMED ON BOTH APPEALS.  Heard at oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (19 pages)

            The mother and father separately appeal, challenging the grounds for termination.  OPINION HOLDS: We affirm on both appeals.  And we sanction counsel for one of the parties based on her use of artificial intelligence leading to “hallucinated” cases in her reply brief.

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (5 pages)

            John Stanley Kephart Jr. appeals the sentences imposed after pleading guilty to theft in the first degree and burglary in the third degree.  He alleges the district court abused its discretion in declining to suspend his sentences.  OPINION HOLDS: Because we find the district court exercised proper discretion in sentencing Kephart, we affirm.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Tabor, C.J.  (9 pages)

            Jennifer and Daniel King divorced.  Jennifer appeals the district court’s award of spousal support, arguing it was inequitable and the court improperly considered the property division.  Jennifer asks us to remand with directions to exchange tax returns.  OPINION HOLDS: We find the district court properly considered property division when awarding spousal support, but we modify the duration of the award.  Jennifer did not preserve her claim regarding the tax returns.  Finally, we remand for the district court to calculate a reasonable appellate attorney fee award to Jennifer. 

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J. (16 pages)

            A defendant appeals several convictions, challenging two evidentiary rulings and the imposition of consecutive sentences.  OPINION HOLDS: Upon our review, we affirm the determination concerning the insanity defense and malice aforethought finding.  And we find no abuse of discretion in the district court’s sentencing decision.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (11 pages)

            William Moothart appeals his conviction for operating while intoxicated.  He argues that admitting his blood-test results deprived him of due process when the State destroyed his blood sample before trial, the State’s late production of a chain-of-custody document warrants a new trial, and insufficient evidence supports the verdict.  OPINION HOLDS: Due process does not referee strict compliance with state law—it safeguards Moothart’s access to constitutionally material evidence.  Because Moothart has not shown his blood sample had exculpatory value at the time it was destroyed or that the State intentionally destroyed the sample in bad faith, admitting testimony about his blood-test results did not deprive him of due process.  As for his other issues, the State’s late production of a chain-of-custody document was not prejudicial, so we deny his request for a new trial.  And substantial evidence supports the jury’s findings that Moothart indeed operated the motorcycle and did so while under the influence of alcohol.  We thus affirm Moothart’s conviction.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  REVERSED AND REMANDED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  Dissent by Buller, J.  (20 pages)

            Travis McCoy appeals the district court’s custody decree granting Jessica Smith physical care of their minor daughter.  He contends the district court erred by sua sponte setting aside a previous order that found Smith to be in default and that the district court erred by placing physical care of the child with Smith.  OPINION HOLDS: We conclude the child’s best interests are best served by placing the child in McCoy’s physical care.  We thus remand this matter to the district court for entry of custody, visitation, and child support orders consistent with this opinion.  DISSENT ASSERTS: Because I would give the district court’s credibility findings the deference they are due, recognize the abusive dynamic at the heart of this case, and affirm placement of the child in mother’s physical care, I dissent.

            Appeal from the Iowa District Court for Scott County, Jeffrey C. McDaniel, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (6 pages)

            A grandfather appeals the denial of his petition for grandparent visitation rights.  OPINION HOLDS: Because the grandfather could not overcome the presumption under Iowa Code chapter 600C (2023) that the mother was unfit to make decisions regarding visitation, we affirm the district court’s denial of his petition for grandparent visitation rights.