2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            R.D. Nicolaisen appeals his convictions and sentences for willful injury and domestic abuse assault. He alleges there was insufficient evidence to convict him of willful injury and the district court abused its discretion in sentencing him. OPINION HOLDS: Upon our review, we find there was substantial evidence to support the jury’s verdict and the district court did not abuse its sentencing discretion. We affirm.

            Appeal from the Iowa District Court for Scott County, Tom Reidel and Jeffrey C. McDaniel, Judges.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (5 pages)

            James Edwin Brown appeals the district court’s order denying his motion to dismiss, arguing the State violated his right to speedy trial, that there was no good cause to delay his trial date past the one-year speedy trial deadline.  OPINION HOLDS: We conclude the district court properly found good cause to delay Brown’s trial.  The district court did not abuse its discretion in denying Brown’s motion to dismiss.  We affirm.

            Appeal from the Iowa District Court for Butler County, Colleen Weiland, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Joe Wedeking appeals a ruling in favor of MSS Capital, LLC on its claim for specific performance and declaratory relief following a contract dispute.  OPINION HOLDS: Because the evidence supports the district court’s determination that the parties manifested mutual intent to the terms of a contract, we affirm.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (11 pages)

            A jury convicted Laquel Carrol of tampering with a witness, in violation of Iowa Code section 720.4 (2023).  Carrol appeals his conviction on two grounds, arguing (1) there is insufficient evidence to support his conviction and (2) the court abused its discretion in denying his motion for a new trial based on an improper jury instruction and the jury’s access to unauthorized information, namely the inclusion of the trial information on the instruction’s cover page.  OPINION HOLDS: Carrol failed to preserve his objection to the instruction cover page that included charging alternatives from the trial information, so we do not consider that challenge.  And because the verdict was supported by substantial evidence, we affirm Carrol’s conviction of tampering with a witness.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            Qiuinyana Jones appeals her sentences for operating a motor vehicle while intoxicated, eluding law enforcement, accessory after the fact, and conspiracy to commit a forcible felony, arguing the district court abused its discretion in considering that a death not resulting from Jones’s conduct occurred and in denying her request for a suspended sentence.  OPINION HOLDS: The district court did not abuse its discretion in considering part of the circumstances giving rise to offenses for which Jones was charged nor in declining her request for a suspended sentence.  We thus affirm the district court.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (4 pages)

            Kazius Childress appeals his sentence for second-degree murder arguing that the district court deprived him of the right of allocution under Iowa Rule of Criminal Procedure 2.23(2)(d)(3).  OPINION HOLDS: Because the district court asked Childress whether he wanted to make a statement of allocution and his attorney declined on his behalf, the court did not deprive Childress of his right of allocution under rule 2.23(2)(d)(3).

            Appeal from the Iowa District Court for Wayne County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J. (5 pages)

            Robert Harold Fleming IV appeals from his sentence for theft in the first degree following his guilty plea, arguing the district court abused its discretion by imposing a period of incarceration and erred in failing to immediately dismiss two other counts as requested by the State.  OPINION HOLDS: Because those two other counts have been dismissed and the district court did not abuse its discretion in ordering a term of incarceration, we affirm. 

            Appeal from the Iowa District Court for Lee (North) County, Joshua P. Schier, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            Joseph Mayorga Jr. appeals the dismissal of his application for postconviction relief, claiming the district court erred in finding his application was time-barred under Iowa Code section 822.3 (2021).  OPINION HOLDS: We affirm the district court’s dismissal of Mayorga’s application.

            Appeal from the Iowa District Court for Warren County, David Faith, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (10 pages)

            Elizabeth Sowers and Ross Turner divorced in 2021.  The parties agreed to joint legal custody and joint physical care of their three children.  But their communication related to the children deteriorated, so each filed for a modification of the decree.  The district court ordered a different parenting schedule and other strategies to facilitate communication but did not change the custodial or physical-care status.  Elizabeth appeals, arguing that she proved a substantial change in circumstances that supported granting her sole legal custody, physical care, and a different parenting schedule to minimize the conflicts.  Both parents request appellate attorney fees.  OPINION HOLDS: We conclude the award of sole legal custody or physical care is not in the children’s best interests and attorney fees are not warranted.  We affirm. 

            Appeal from the Iowa District Court for Linn County, Elizabeth Dupuich, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J. (5 pages)

            Karie McElroy appeals her sentence for serious injury by motor vehicle and operating while intoxicated, arguing the district court abused its discretion by sentencing her to a term of incarceration rather than granting her request for probation.  OPINION HOLDS: Finding no abuse of discretion, we affirm McElroy’s sentence.

            Appeal from the Iowa District Court for Polk County, Patrick D. Smith, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (7 pages)

            Kennith Onstot contends that he paid health insurance premiums for coverage of the parties’ child during a time when he was court-ordered to pay cash medical support payments under Iowa Code chapter 252E.1(3) (2022).  Kennith asked the district court to waive the outstanding cash medical balance.  The district court denied his request, concluding it did not have statutory authority to retroactively waive the cash medical support payments that accrued even though Kennith paid for private health insurance and otherwise would not have been required to maintain cash medical support; Kennith challenges this decision on appeal.  OPINION HOLDS: While sympathetic to Kennith’s concerns, we agree with the district court that our case law and the statutes that govern the cash medical support obligation do not allow us to retroactively change his court-ordered obligations.  We affirm.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (4 pages)

            Michael Beaver appeals his sentences for two counts of indecent exposure.  OPINION HOLDS: The district court did not abuse its discretion in selecting concurrent two-year indeterminate prison sentences rather than rather than sentencing him to time served.