2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (3 pages)

            Charles Brown appeals the denial of postconviction relief from his convictions for intimidation with a dangerous weapon, willful injury causing serious injury, possession of a firearm as a felon, and interference with official acts while armed with a firearm.  Brown argues that he received ineffective assistance of counsel at trial because his counsel twice failed to object to the State calling a witness and failed to cross-examine the witness about allegedly inconsistent prior statements.  OPINION HOLDS: On our de novo review, we agree with the district court that Brown has failed to show that his counsel breached an essential duty and there is a reasonable probability the result of the proceeding would have been different if the witness had not testified.  We thus affirm with a memorandum opinion under Iowa Court Rule 21.26.    

            Appeal from the Iowa District Court for Pocahontas County, Derek Johnson, Judge.  AFFIRMED.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (18 pages)

            Ferguson appeals his convictions of fifty timber violations and one count of theft in the second degree, arguing insufficient evidence existed on the record to show the trees at issue were cut within an appropriate date range and he possessed or appropriated the trees.  He also alleges he was operating under a mistake of fact.  OPINION HOLDS: We find substantial evidence on the record to sustain his convictions.  

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (13 pages)

            Shengyi Ye appeals the decree dissolving his marriage with Zhenzhen Wang.  He challenges the district court’s restriction on his visitation rights requiring his parenting time to take place in the United States and its placement of the children in Zhenzhen’s sole legal custody.  OPINION HOLDS: On our de novo review, we affirm.  Because China is not a party to the Hague Convention, Zhenzhen would have no recourse should Shengyi refuse to return the children to the United States.  And Shengyi has already once unilaterally kept the children in China for more than half a year.  So the restriction on his visitation prohibiting international travel is justified and in the children’s best interests.  As for legal custody, the district court identified a host of factors that overcome the statutory presumption for joint legal custody, including Shengyi’s actions to prevent the children from leaving China, his significant geographic distance, his lack of active parenting, and his prior violence toward Zhenzhen.  We thus agree that sole legal custody best serves the children.

            Appeal from the Iowa District Court for Chickasaw County, Laura Parrish, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (11 pages)

            Williams appeals the denial of his post conviction relief application, arguing his counsel was ineffective for failure to call eight witnesses, which according to Williams, could have provided exculpatory information at trial.  OPINION HOLDS: We find counsel was not ineffective, as counsel either acted within the realm of reasonable trial strategy or Williams failed to show prejudice with witnesses that could have provided general observations.  Finally, we find that Williams failed to show his right to testify was not waived voluntarily, knowingly and intelligently. 

            Appeal from the Iowa District Court for Buchanan County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            Michael Bagby appeals the district court’s remand order entering judgment against First Street Deli II, LLC, Kimberly Harker, and Alexis Brown, and finding Bagby partially waived his right to collect late fees.  Bagby argues the district court (1) exceeded the scope of the remand, (2) erred by ruling on the issue of waiver, and (3) erred by finding a partial waiver.  OPINION HOLDS: We affirm the district court’s remand order in all respects.

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (8 pages)

            A father appeals the termination of his parental rights pursuant to Iowa Code section 600A.8(3)(b) (2023).  He argues that he did not abandon his children because a no-contact order prevented him from contacting the children’s mother and termination is not in the children’s best interests.  OPINION HOLDS: The father abandoned the children within the meaning of section 600A.8(3)(b), and termination is in the children’s best interests.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Meredith Majors appeals the judgment entered on an attorney fee lien that arose from the proceedings to dissolve her marriage.   OPINION HOLDS: Because orders for the division of property under Iowa Code section 598.21 (2024) are exempt from the homestead exemption, the court could enforce an attorney fee lien against those proceeds, which were held in trust following the sale of the marital home.  We decline to award appellate attorney fees.

    Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (11 pages)

    Jimmy Carr appeals the denial of his application for postconviction relief following convictions for robbery, possessing a firearm as a felon, and interference with official acts.  He contends, first, counsel should have moved to sever the felon-in-possession charge or, at a minimum, sought a limiting instruction.  Second, counsel should have moved to suppress his statement that he needed the firearm to protect himself.  Third, he alleges cumulative error from counsel’s omissions.  And fourth, he contends the postconviction court erred in rejecting his belated claim that counsel was ineffective for not raising an intoxication defense.  OPINION HOLDS: After reviewing the postconviction court’s thorough and well-reasoned analysis of Carr’s claims, we affirm the denial of relief.
 

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            Siblings appeal from the denial of their petition for specific performance to compel the sale of real estate by their brother and his spouse.  OPINION HOLDS: We affirm, finding the siblings were returned to the status quo before the petition was filed and therefore are owed no remedy.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the termination of his parental rights to two children under Iowa Code section 600A.8(3)(b) (2022).  OPINION HOLDS: Clear and convincing evidence shows the father abandoned the children.  Although the father tries to blame his lack of contact with the children on external factors, we are unpersuaded.

            Appeal from the Iowa District Court for Audubon County, Craig M. Dreismeier, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (17 pages)

            Alison Brinker appeals the district court decree dissolving her marriage with Jason Owen, arguing the district court (1) undervalued the Owen family acreage, (2) failed to value certain farm equipment separately from the Accu-Steel company valuation, (3) undervalued the Klocke and Klein farms, and (4) wrongly denied her spousal support.  OPINION HOLDS: We affirm the district court’s valuation of Accu-Steel.  We modify the district court’s denial of spousal support to Alison and determine that she shall be awarded $3500 in monthly traditional spousal support consistent with this opinion.  We affirm the district court in all other respects and remand for purposes of calculating child support.

            Appeal from the Iowa District Court for Winneshiek County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Windridge Implements, LLC appeals the district court’s ruling ordering it to pay unpaid contractual damages to BMO Harris Bank, N.A.  OPINION HOLDS: Because the court did not err by enforcing the contractual obligation, we affirm.