2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dallas County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A plaintiff appeals the dismissal of her petition to set aside a will.  OPINION HOLDS: Based on the undisputed facts deemed admitted under the Iowa Rules of Civil Procedure, we affirm.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (29 pages)

            Austin Nelson appeals, and Kimberly Nelson cross-appeals, the decree dissolving their marriage.  Austin claims the district court erred in its award of sole legal custody of the parties’ two younger children to Kimberly, in its valuation of the parties’ closely held business, in its award of the business to Kimberly, and in its denial of his discovery requests of Kimberly’s work-related emails.  Kimberly claims the court erred by failing to award her retroactive child support, by failing to order Austin to provide a “new in box” iPhone for the two younger children, by failing to order Austin to reimburse her for the children’s expenses within thirty days, by declining to credit her for fifty percent of Austin’s “undisclosed” income, and by failing to order Austin to pay all expenses “required to complete the tax filings for 2022 forward.”  OPINION HOLDS: Upon review, we affirm on appeal and affirm on cross-appeal. We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Candelario Leon was charged with two counts of lascivious acts with a child.  The jury found him guilty on Count 2 and not guilty on Count 1.  Leon appeals claiming the verdicts are factually inconsistent.  OPINION HOLDS: Finding no inconsistency between the verdicts and no merit to Leon’s arguments, we affirm.

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Justin Mayo appeals the denial of his application for postconviction relief (PCR) from his conviction for second-degree theft.  OPINION HOLDS: Because Mayo raises a different argument on appeal than he raised in his PCR application, he failed to preserve error for our review.

            Appeal from the Iowa District Court for Henry County, Clinton R. Boddicker, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J. (6 pages)

            James Corron appeals from a conviction for delivery of less than five grams of methamphetamine as a habitual offender.  Corron contends that the district court improperly denied his mid-trial request for substitution of counsel because of a “complete breakdown in the attorney-client relationship,” giving rise to a “personal conflict of interest” with his defense counsel.  OPINION HOLDS: Upon review, we affirm.     

            Appeal from the Iowa District Court for Woodbury County, James N, Daane, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Carr, S.J.  Opinion by Greer, P.J.  Special Concurrence by Carr, S.J.  (14 pages)

            A jury found Bret Meyer guilty of first-degree burglary, willful injury causing bodily injury, and going armed with intent.  On appeal, Meyer challenges the district court’s denial of his motion for mistrial based on alleged prosecutorial misconduct during closing arguments.  He also contends there is insufficient evidence to support his convictions, arguing there was not substantial evidence he was the person who invaded his ex-girlfriend’s home and stabbed her new boyfriend.  OPINION HOLDS: Substantial evidence supports the jury’s determination that Meyer was the person who invaded Alisha’s home and stabbed her new boyfriend.  And we agree with the district court that Meyer failed to establish a due process violation based on prosecutorial misconduct.  We affirm the denial of Meyer’s motion for mistrial and his convictions.  SPECIAL CONCURRENCE ASSERTS: I depart from the majority’s conclusion that the prosecutor committed no misconduct but would find that no prejudice resulted from the misconduct.  I therefore concur in the result.

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            Tracy Buchholz appeals sentences imposed after he entered a guilty plea to two counts of assault with intent to commit sexual abuse.  OPINION HOLDS: Because we determine Buchholz failed to affirmatively demonstrate the district court relied on impermissible sentencing factors when imposing a sentence that fell within the statutory limitations, we affirm. 

            Appeal from the Iowa District Court for Humboldt County, Kurt J. Stoebe, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            Andrew Zinnel appeals the denial of his pre-answer motions to dismiss for untimely service.  OPINION HOLDS: As we conclude that good cause does not exist for failing to timely serve the defendant, we reverse and remand for the entry of an order granting Zinnel’s motions to dismiss. 

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (9 pages)

            Nicholas Ford appeals the district court’s denial of his application for postconviction relief.  On appeal, he asserts (1) he received ineffective assistance of counsel because during the plea-bargaining process his counsel failed to investigate his case; and (2) he is actually innocent.  OPINION HOLDS: Upon our de novo review of the record, we affirm. 

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (14 pages)

            Health Enterprises of Iowa, a nonprofit corporation organized by Iowa hospitals, seeks judicial review of the Iowa Department of Revenue’s denial of tax refund claims.  Health Enterprises argues its members’ eligibility for tax exemptions under Iowa Code section 423.3(27) should “flow through” to Health Enterprises.  OPINION HOLDS: Reviewing for legal error, we find the statute unambiguously requires a taxpayer to be “a nonprofit hospital licensed pursuant to chapter 135B” to qualify for exemption under section 423.3(27).  We decline Health Enterprises’ invitation to resolve additional questions of fact not addressed by the Director or otherwise preserved for review.  The Director’s final order is affirmed.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (14 pages)

            Octavio Lopez Sanchez appeals his sentences, arguing the district court abused its discretion by imposing consecutive sentences.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Schumacher, C.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (12 pages)

            The State appeals from the district court’s grant of postconviction relief to the petitioner.  OPINION HOLDS: Upon our de novo review of the record, there is overwhelming evidence of Mathews’ guilt, and he cannot satisfy the prejudice prong of the Strickland test.  We remand for the district court to consider the remaining ineffective-assistance claims it did not previously address.