2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (4 pages)

            An inmate appeals the district court’s decision on judicial review to uphold denial of his release on parole, challenging the constitutionality of the Board of Parole’s “boilerplate” decision and the adequacy of the cited grounds for denial.  OPINION HOLDS:  We find no due process violation here.  And the seriousness of Yancey’s offense was a reasonable factor for the Board to consider in denying Yancey’s release.  Therefore, we affirm.

    Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J. (6 pages)

    Joshua Hubler appeals his prison sentence for possession of methamphetamine with intent to deliver, contending that the district court abused its discretion by imposing incarceration based on its “mistaken belief that [he] had received treatment” before in the community without any benefit.  OPINION HOLDS: Nothing in the record shows that Hubler had been offered or participated in substance-use treatment in the community.  Because the court’s incarceration decision was driven by its misreading of the record, we vacate Hubler’s sentence and remand for resentencing before a different judge.
 

            Appeal from the Iowa District Court for Marshall County, Ashley Sparks, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (4 pages)

            J. Jesus Gonzalez Rodriguez appeals the district court’s order modifying the 2019 order establishing child support, arguing insufficient evidence supported the district court’s finding that his income is $107,297.24.  OPINION HOLDS: We modify the district court’s order, finding that Jesus’s annual income is $79,586.50.  We affirm the order in all other respects and remand to the district court for recalculation of child support.

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Buller, J., takes no part.  Opinion by Greer, P.J.  (6 pages)

            Rochelle Ogden Sziber challenges the district court’s denial of her motion in arrest of judgment and request to withdraw her guilty plea.  OPINION HOLDS: Sziber does not have good cause for this appeal, and we decline to grant discretionary review.  So, we lack jurisdiction to reach the merits of her claim; we dismiss the appeal.

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (4 pages)

            Christian Vorland appeals his sentences for two counts of distributing drugs to a minor within 1000 feet of a school, three counts of third-degree sexual abuse, and one count of domestic abuse assault causing bodily injury or mental illness.  OPINION HOLDS: The district court did not abuse its discretion in imposing consecutive sentences totaling eighty years in prison rather suspended sentences.   

            Appeal from the Iowa District Court for Davis County, Greg Milani, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (8 pages)

            Matthew Wettstein appeals his sentence as imposed by the district court, arguing the court relied on unproven or unprosecuted facts in victim impact statements when imposing sentence.  OPINION HOLDS: Because we find Wettstein failed to make a showing of affirmative evidence the district court relied on unproven or unprosecuted facts, we affirm his sentence. 

            Appeal from the Iowa District Court for Howard County, Richard D. Stochl, Judge.  APPEAL DISMISSED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (4 pages)

            The State appeals the district court’s dismissal without prejudice of D.H.’s petition for relief from firearms disability.  The State argues dismissal without prejudice was improper because an evidentiary hearing on the petition’s merits was held and thus required the district court to deny the petition, which would subject D.H. to the statutory two-year time bar on refiling his petition.  OPINION HOLDS: Because we do not have jurisdiction to rule on the applicability of the statutory time bar and any remaining claim is moot, we dismiss the State’s appeal.

            Appeal from the Iowa District Court for Black Hawk County, Alan Heavens, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Amanda Gabel appeals the district court’s child‑custody determination, which placed the parties’ child in Brad Pieper’s physical care.  OPINION HOLDS: Because Pieper having physical care is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Wayne County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Dissent by Buller, J.  (7 pages)

            Jesse Willey appeals a judgment and sentence following his written guilty plea to operating a motor vehicle without the owner’s consent.  OPINION HOLDS: We deny the State’s motion to dismiss, finding Willey has good cause to appeal.  But we reject Willey’s claimed errors and affirm the district court’s judgment and sentence.  DISSENT ASSERTS: Because I would dismiss this frivolous guilty-plea appeal in compliance with Iowa Code section 814.6(1)(a)(3) (2023) rather than spend six pages to say we cannot provide relief, I dissent.

Appeal from the Iowa District Court for Marshall County, Ashley Sparks, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (9 pages)

Tiffany Dineen appeals her sentences following her guilty pleas.  She contends the district court abused its discretion by rejecting her request for a deferred judgment because (1) it used boilerplate language in giving its reasoning for her sentences and (2) it improperly considered only the nature of the offenses in reaching a sentencing determination.  OPINION HOLDS: Discerning no abuse of discretion, we affirm. 

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (8 pages)

            Chad LaGrange appeals the sentence imposed following his guilty plea to possession of a controlled substance with intent to deliver (methamphetamine), arguing the sentencing court failed to consider mitigating factors and denied him the best opportunity for rehabilitation.  Additionally, LaGrange argues he received ineffective assistance of counsel claiming his counsel allowed him to plead guilty without establishing a sufficient factual basis.  OPINION FINDS: Because this court lacks authority to consider LaGrange’s ineffective-assistance claim on direct appeal, we do not reach the merits.  The sentencing court did not abuse its discretion, so we affirm LaGrange’s sentence.

            Appeal from the Iowa District Court for Sac County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (16 pages)

            Plaintiffs appeal a grant of summary judgment, arguing the settlement agreement underlying the district court order was unenforceable under the doctrine of mutual mistake.  Opinion holds: Because we conclude the district court properly determined plaintiffs bore the risk of a mistake by executing the agreement on behalf of Pudenz Farm Company, Inc. (PFC), PFC ratified the agreement, and the agreement was supported by adequate consideration, we affirm.