2025 Archive | Court of Appeals Court Opinions

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

            Joseph Sobolik appeals the summary dismissal of his application for postconviction relief (PCR), claiming the court erred in denying his claim that “the State’s destruction of [DNA] evidence was done by bad faith and required a new trial.”  OPINION HOLDS: We affirm the dismissal of Sobolik’s PCR application.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            David Powell Jr. appeals the district court’s denial of his application for postconviction relief (PCR).  He argues the court erred in rejecting his claim that he received ineffective assistance of counsel during his probation-revocation hearing.  Alternatively, if this court agrees with the district court, Powell contends that his failure was due to ineffective assistance from his PCR trial counsel.  OPINION HOLDS: Powell has not met the burden of showing prejudice resulting from the probation-revocation counsel’s performance.  We affirm the denial of Powell’s PCR application.  We decline to consider his claim of ineffective assistance of PCR counsel.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            Central Iowa Investors, L.C. (CII) appeals the judgment for damages stemming from a lease dispute with Brookstone Specialty Services, Inc.  OPINION HOLDS: The district court awarded damages that fall within the permissible range of evidence in the record.  Because substantial evidence supports the amount of damages awarded on CII’s breach-of-contract claim, we affirm in part.  But the district court erred by denying CII attorney fees and costs based on its nominal recovery of damages.  The contract expressly provides that CII may recuperate attorney fees and costs related to recovery of unpaid rent and regaining possession of the premises.  We reverse the district court’s denial of attorney fees and costs, and remand to the district court for further proceedings to determine an appropriate award.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  Dissent by Tabor, C.J.  (7 pages)

            Cody Smith appeals the dismissal of his application for postconviction relief challenging his 2022 conviction for aggravated assault.  OPINION HOLDS: The district court did not err by granting summary disposition in favor of the State under Iowa Code section 822.6(3) (2023).  Because Smith never raised the court’s failure to rule on a claim of actual innocence in a motion to enlarge under Iowa Rule of Civil Procedure 1.904(2), his claim of error is not preserved for appeal.  DISSENT ASSERTS: My reading of the record does not support the majority’s finding that Smith was given notice of the motion and an opportunity to respond.  I would reverse the ruling granting summary disposition and remand for further proceedings to allow Smith an opportunity to respond to the State’s motion. 

            Appeal from the Iowa District Court for Kossuth County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (8 pages)

            A jury convicted Kyle Ricke of first-degree murder for shooting Officer Kevin Cram of the Algona Police Department eight times, resulting in his death.  Ricke appeals, contending that the State failed to prove he acted with deliberation and premeditation.  He asks that we vacate his conviction.  OPINION HOLDS: Finding substantial evidence showing Ricke’s conduct was deliberate and premeditated, we affirm.

            Appeal from the Iowa District Court for Sac County, Ashley Sparks, Judge.  AFFIRMED AS MODIFIED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (15 pages)

            Stacey Ernst appeals her award of spousal support, arguing the award did not consider the total income of her former spouse, Todd, and calculated her income with overtime, which was inappropriate.  Both spouses ask for attorney fees.  OPINION HOLDS: Because the district court’s method of determining spousal support was unorthodox and erroneous, we amend the spousal support payment and award attorney fees to Stacey. 

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt (dismissal of § 1983 claim and reconsideration of initial dismissal order) and Colleen Weiland (dismissal of other claims), Judges.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (4 pages)

            Scott Luke appeals the district court’s orders dismissing his claims under the statute of limitations and for lack of standing.  OPINION HOLDS: Because Luke was not the administrator of his son’s estate, no provision tolled the two-year limitations period for his § 1983 and loss-of-consortium claims, and Luke failed to properly exhaust his tort claims against the State, the district court properly dismissed his suit.  And we remind self-represented litigants and attorneys alike that they have a duty to independently verify the accuracy of all sources and assertions when relying on artificial intelligence tools to assist with drafting trial or appellate court filings. 

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J. (4 pages)

            Philip Oxendine pleaded guilty to four offenses.  The district court imposed the maximum sentence for each offense and ordered the sentences to run consecutively.  On appeal, Oxendine argues that the district court abused its discretion by applying a fixed sentencing policy.  OPINION HOLDS: The district court neither relied on a single factor nor followed a fixed sentencing policy in deciding to impose consecutive sentences.  We find no abuse of discretion by the district court and affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (3 pages)

            David Nestler appeals the district court’s summary judgment order dismissing his petition for injunctive relief and denying his request for attorney fees.  OPINION HOLDS: None of Nestler’s claims are preserved for our review.  We therefore affirm the order of the district court without reaching the merits.

            Appeal from the Iowa District Court for Buena Vista County, Shayne Mayer, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J. (5 pages)

            Tammy Steiner appeals her sentence following a guilty plea, claiming that the district court relied on an improper sentencing factor.  OPINION HOLDS: Finding no abuse of the court’s discretion, we affirm.

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

            Amanda Felten appeals her conviction for third-degree burglary, arguing the conviction is not supported by substantial evidence.  OPINION HOLDS: Because substantial evidence supported the jury verdict, we affirm Felten’s conviction. 

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

            Kristine Eckhardt appeals the sentence imposed following her guilty plea for theft.  OPINION HOLDS: We find that the district court considered the sentencing options listed in Iowa Code section 901.5 (2023) and affirm Eckhardt’s sentence.