2025 Archive | Court of Appeals Court Opinions

    Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR NEW TRIAL.  Heard at oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (16 pages)

    Jonathan Critser appeals the grant of judgment notwithstanding the verdict (JNOV) on his claim of wrongful termination in violation of public policy when he applied for unemployment benefits after calling in sick.  He also challenges the jury instructions.  OPINION HOLDS: We find the verdict was not supported by substantial evidence that Critser engaged in protected conduct, according to the definition of protected conduct given to the jury.  So we affirm the JNOV.  But we find the definition given to the jury was erroneous and reverse the district court’s ruling on the jury instructions.  We remand for a new trial using a corrected definition of protected conduct.
 

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (10 pages)

            Evan Shelton appeals, arguing the State breached his plea agreement by attempting to discuss alternative plea negotiations during sentencing.  OPINION HOLDS: Because the terms of the plea agreement did not mandate the State recommend a sentence, we find the State abided by the spirit of the plea agreement.  We affirm the sentence as imposed. 

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

            David Wetzel appeals his conviction for reckless use of fire or explosives, challenging the voluntariness of his guilty plea.  OPINION HOLDS: Because Wetzel failed to establish good cause, we dismiss his appeal.   

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  REVERSED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered without oral argument by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (10 pages)

            The Coateses and the Brehms entered into an arrangement for the sale of a parcel of land.  The Coateses submitted a written offer to purchase for $1,500,000.  But, the Brehms argue an escalation clause in the addendum to the purchase contract applied, setting the purchase price at $1,700,000.  OPINION HOLDS: We reverse the summary judgment ruling in favor of the Coateses; the district court should have found the parties agreed to a purchase price of $1,700,000.  We affirm the district court’s denial of the Coateses’ request for attorney fees. 

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A juvenile appeals his delinquency adjudication, claiming there is not sufficient evidence to identify him as the perpetrator who slashed his classmate’s tires.  OPINION HOLDS: The State provided sufficient evidence establishing the juvenile was the perpetrator.

            Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (12 pages)

            Britta Wood appeals the decree dissolving her marriage with Nick Wood, arguing that the district court should have placed their son in her physical care rather than in Nick’s physical care.  OPINION HOLDS: On our de novo review, giving the district court’s well-reasoned and factually supported decision due deference, we agree that placing the parties’ son in Nick’s physical care is in the best interest of the son.  While we have considered the entire record and all the required factors in weighing this choice, like the district court, we find that most factors leave the parents at a relative draw except for one.  We agree with the court’s critical assessment that their son’s interest in having a relationship with both parents will be best served in Nick’s physical care, especially given Britta’s conduct showing an effort to alienate their son from Nick and his family while the dissolution was pending.  We thus affirm the decree.  And given the parties’ abilities to pay and the merits of the appeal, we grant Nick’s request for appellate attorney fees and remand for determination of a reasonable amount.

            Appeal from the Iowa District Court for Pottawattamie County, Jennifer Benson Bahr, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J. (14 pages)

            Traavon Thomas appeals his sentence following his guilty plea for first-degree robbery.  On appeal, Thomas claims the district court abused its discretion in imposing a seventeen-and-a-half-year mandatory minimum sentence.  Thomas argues the district court imposed a harsher sentence than was necessary to ensure his rehabilitation and protection of the public.  He also asserts the district court did not give proper consideration to numerous mitigating factors which weighed in favor of a reduced mandatory minimum sentence.  OPINION HOLDS: Finding no abuse of discretion, we affirm Thomas’s sentence.

            Appeal from the Iowa District Court for Ida County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard at oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (18 pages)

            Barbara Radke, the executor for the estate of Delores I. Todd, appeals a jury verdict finding Delores lacked testamentary capacity when she executed her 2010 will and that the will was the result of undue influence.  OPINION HOLDS: Finding sufficient evidence was presented to submit the question of undue influence to the jury, the court did not err in admission of evidence or issuing jury instructions, and other claims are not preserved, we affirm.

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

    A Florida resident appeals the denial of her motion to vacate a default judgment on a financing agreement, arguing that she was not properly served and the forum-selection clause in the agreement was a contract of adhesion.  OPINION HOLDS: Because service was proper under Iowa Code section 617.3, and the court had personal jurisdiction over the defendant under the financing agreement, we affirm.
 

            Appeal from the Iowa District Court for Cerro Gordo County, Blake H. Norman, Judge.  AFFIRMED AND REMANDED WITH INSTRUCTIONS.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (8 pages)

            On appeal from the decree dissolving his marriage to Robyn Miculinich, Dalton Miculinich challenges the district court’s decision to place their two children in Robyn’s physical care rather than joint physical care.  OPINION HOLDS: Upon our review, we determine it is in the children’s best interests to be placed in Robyn’s physical care.  We affirm and remand with instructions for the district court to enter an order on appellate attorney fees.

            Appeal from the Iowa District Court for Johnson County, Jason Burns, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (8 pages)

            Brayton Reynolds appeals his sentences for two convictions of enticing a minor under the age of sixteen for a sexual purpose, arguing the district court abused its discretion in imposing concurrent five-year prison sentences rather than suspending the sentences and imposing probation.  He contends the court considered an improper factor, considered only one factor, and followed a fixed sentencing policy.  OPINION HOLDS: The district court’s consideration of his prior offense and shorthand reference to its sexual nature was not an improper factor.  Nor was that criminal history the only factor considered by the court—it also expressly relied on Reynolds’s “personal circumstances” and the “repulsive” nature of “the facts of this case.”  And nothing in the record—including the court’s unremarkable statement that it would not “tolerate[]” Reynolds’s illegal conduct—suggests the court’s selection of Reynolds’s specific sentence was based on any fixed policy.  We thus affirm the sentences imposed by the district court.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J. (4 pages)

            A defendant appeals, challenging his sentence following his guilty plea.  OPINION HOLDS: The district court did not abuse its discretion when making its sentencing determination.