2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Allamakee County, John Bauercamper, Judge.  AFFIRMED.  Considered without oral argument en banc.  Opinion by Ahlers, J.  Partial Dissent by Tabor, C.J.  (20 pages)

            Dillon Heiller appeals from his convictions for first-degree theft and second-degree theft for the taking of two separate vehicles.  He contends the evidence is insufficient to establish territorial jurisdiction on one charge and is insufficient as to the taking and intent elements on both charges.  OPINION HOLDS: Heiller’s territorial-jurisdiction argument is not a sufficiency challenge.  Instead, it is an attack on the marshaling instruction for failure to include a territorial-jurisdiction element.  But Heiller did not object to the instruction, so he failed to preserve error on that claim.  To the extent that he intends to raise a constitutional challenge, he failed to preserve error by raising that claim in the district court.  To the extent that Heiller argues that territorial jurisdiction is an issue of subject matter jurisdiction, we disagree.  As to his challenge to the sufficiency of the evidence on the taking and intent elements of both charges, we find substantial evidence supporting the jury’s guilty verdicts.  PARTIAL DISSENT ASSERTS: The majority’s approach disregards a clear statement of law that is binding on our court and anchors its analysis to Heiller’s jury instruction claim without addressing the sufficiency-of-the-evidence claim.  Territorial jurisdiction is an essential element of the offense, and the State failed to offer substantial evidence to show any element took place in Iowa.  Under our precedents, I would reverse Heiller’s second-degree theft conviction and remand for dismissal.

Appeal from the Iowa District Court for Allamakee County, John Bauercamper, Judge.  AFFIRMED.  Opinion considered without oral argument en banc.  Opinion by Ahlers, J.  Dissent by Tabor, C.J.  (12 pages)

Dillon Heiller appeals his conviction for second-degree theft by raising a territorial-jurisdiction argument and challenging the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: We reject Heiller’s territorial-jurisdiction argument for the same reasons expressed in State v. Heiller, No. 24-0169.  Heiller’s conviction is supported by substantial evidence.  DISSENT ASSERTS: For the same reasons I explained in State v. Heiller, No. 24-0169, I would reverse Heiller’s conviction for second-degree theft because the State of Iowa lacked territorial jurisdiction to prosecute him for taking a vehicle from its owner in Wisconsin. 

            Appeal from the Iowa District Court for Grundy County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J. (9 pages)

            Kevin Halladey appeals his conviction for first-degree murder, arguing that the state failed to prove that he acted with malice aforethought or with premeditation and specific intent to kill the victim.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, substantial evidence supports the jury’s verdict.  The nature of the killing by multiple blows to the head, Halladey’s past conduct toward the victim and her children, and his anger at being stabbed by her teenage son earlier that night all support the jury’s finding that Halladey acted with the malice aforethought, premeditation, and specific intent to kill required for first-degree murder.  We thus affirm Halladey’s conviction.

            Appeal from the Iowa District Court for Jackson County, Mark R. Lawson, Judge.  AFFIRMED.  Considered without oral argument by Buller, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Brian Manning appeals his conviction for second-degree murder.  OPINION HOLDS: We reject Manning’s claims that his conviction is unsupported by the weight or sufficiency of the evidence.  Because Manning failed to preserve error on his remaining claims, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Jennifer Benson Bahr, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered without oral argument by Buller, P.J., Sandy, J., and Mullins, S.J.  Opinion by Sandy, J.  (22 pages)

            Matthew Maxwell appeals the district court’s denial of his petition to modify the physical care provisions of the decree dissolving his marriage to Katie Maxwell.  On appeal, Matthew contends the district court erred by not granting his request to modify the decree to provide for joint physical care of his and Katie’s two sons.  Additionally, the Iowa Department of Human Services, Child Support Services (“CSS”) appeals the district court’s modification of the child support provisions of the dissolution decree, arguing it was a party to the decree and should have received notice and an opportunity to be heard on the issue of modification of child support.  OPINION HOLDS: After our careful review of the record, we affirm the district court’s denial of Matthew’s request for joint physical care.  We conclude joint physical care is not in the children’s best interests.  However, we vacate the district court’s modification of the child support provisions.  Because CSS was providing support services prior to the start of the modification action, it was a party to the decree and should have been given notice and an opportunity to be heard.  Accordingly, we remand for a hearing on the issue of modification of the child support provisions of the decree. 

            Appeal from the Iowa District Court for Linn County, Christopher Bruns, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Langholz, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (9 pages)

            Alivonta Deneil Turner appeals the district court’s custody order granting Ariana Elizabeth Garrels physical care and sole legal custody to their child.  In addition to arguments regarding the custody and physical care issues, Turner argues that Iowa Code section 610.1 (2022), which provides the fee for ordering the transcript of the district court proceedings cannot be deferred, is unconstitutional and that requiring him to pay the transcript fee violates his constitutional rights.  OPINION HOLDS: Because all of Turner’s arguments are waived or meritless to the extent they are properly raised, we affirm the district court’s decree.

            Appeal from the Iowa District Court for Buchanan County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (5 pages)

            John Coleman appeals his sentence, arguing that the district court imposed an illegal sentence by placing him on probation for three years following his guilty plea to a felony and a misdemeanor.  Coleman argues that, because his sentence includes a misdemeanor offense, his probation must be limited to a maximum of two years.  OPINION HOLDS: The sentence imposed is not illegal.  Coleman’s sentences were run consecutively, which Iowa Code section 901.8 (2024) requires to be treated as a single sentence.  Because that sentence included a felony, the district was required to place Coleman on probation for a period of two to five years.  The ordered three-year term of probation is within that range and not illegal.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            The plaintiffs in a medical malpractice action appeal the order dismissing their claims with prejudice for failing to substantially comply with the requirements for a certificate of merit under Iowa Code section 147.140 (2020).  OPINION HOLDS: Because the district court’s ruling complies with recent Iowa Supreme Court precedent, we affirm.

            Appeal from the Iowa District Court for Fayette County, John J. Sullivan, Judge.  AFFIRMED.  Considered without oral arguments by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Jason Barksley appeals the denial of his application for postconviction relief (PCR) concerning his conviction for sexual abuse in the second degree.  He alleges ineffective assistance of trial counsel and that the district court abused its discretion by accepting a written guilty plea.  OPINION HOLDS: We affirm the district court’s denial of the application for postconviction relief because Barksley fails to establish his counsel was ineffective and the district court’s acceptance of the written guilty plea was proper.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (8 pages)

            The City of Burlington appeals the district court’s denial of its petition to take title of the property of John and Michelle Schoof.  The City contends (1) the district court erred in refusing to consider the City’s proposed exhibits that were not offered or admitted into evidence; (2) the district court erred in finding that the Schoofs could not be trespassers on their own property; and (3) the district court’s ruling undermines the “valuable tool” in Iowa Code section 657A.10B(4) (2023) meant to discourage owners from abandoning  properties in a deteriorated and dangerous condition.  OPINION HOLDS: The district court did not err in declining to consider proposed exhibits the City did not offer into evidence, and the Schoofs did not waive any objection to their admission.  And to prove trespass and abandonment, the City cites an inspection report it never offered into evidence and that is not available to us on appeal.  The City did not carry its burden, so we affirm. 

            Appeal from the Iowa District Court for Mahaska County, Michael O. Carpenter, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

            Brandon Lautenbach challenges the sufficiency of evidence supporting his conviction for second-degree sexual abuse.  OPINION HOLDS: When viewed in the light most favorable to the State, the evidence was sufficient for a rational factfinder to conclude that Lautenbach used force creating a substantial risk of death or serious injury.  Accordingly, we affirm his conviction for second-degree sexual abuse.

            Appeal from the Iowa District Court for Mills County, Jennifer Benson Bahr, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            David Nuno appeals the denial of his application for postconviction relief (PCR) concerning his conviction for sexual abuse in the second degree. He alleges his trial and appellate counsel were ineffective. OPINION HOLDS: We affirm the denial of the application for PCR because Nuno cannot establish either his trial or appellate counsel failed to perform an essential duty.