2025 Archive | Court of Appeals Court Opinions

    Appeal from the Iowa District Court for Dubuque County, Laura Parrish, Judge.  AFFIRMED.  Considered by Tabor, C.J., Schumacher, J., and Bower, S.J.  Opinion by Bower, S.J.  (11 pages)

    Damien Love appeals the district court’s denial of his application for postconviction relief, raising claims of ineffective assistance of counsel, a sentencing challenge, and a claim of actual innocence.  OPINION HOLDS: Upon our review, we affirm the court’s denial of Love’s application.
 

    Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (2 pages)

    John Berman appeals an order dismissing his lawsuit against Minnesota Lawyers Mutual Insurance Company alleging civil extortion.  OPINION HOLDS: We affirm the dismissal without opinion.  Iowa R. App. P. 6.1203 (a), (d).
 

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered by Buller, P.J., Sandy, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (9 pages)

            A mother convicted for aiding and abetting her son’s flight from the country ten days before trial in his criminal case challenges the sufficiency of the evidence supporting her conviction, in addition to other claims.  OPINION HOLDS:  Substantial evidence supports the jury’s verdict.  We reject Younes’s remaining claims of error as waived, premature, or unpreserved.

    Certiorari to the Iowa District Court for Jasper County, Brad McCall, Judge.  WRIT SUSTAINED.  Considered by Greer, P.J., Chicchelly, J., and Bower, S.J.  Opinion by Bower, S.J.  (6 pages)

    The State petitioned for certiorari, challenging a district court order overturning an administrative law judge’s (ALJ) determination the Iowa Department of Corrections (IDOC) did not improperly deprive inmate Nathan Crow of his property by seizing a nude drawing.  The State claims the district court erred by applying an injunction issued by the Polk County District Court in separate litigation to Crow’s privately created drawing.  OPINION HOLDS: Upon our review, we conclude the district court erred by overturning the ALJ’s determination.  Accordingly, we sustain the writ of certiorari. 
 

    Appeal from the Iowa District Court for Dallas County, Patrick W. Greenwood, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, C.J., Ahlers, J., and Bower, S.J.  Opinion by Tabor, C.J.  (7 pages)

    Susan Schooler and her company, Schooler Medical Professionals, P.C., appeal the district court’s dismissal of her counterclaims to Joseph Coy’s replevin claims.  OPINION HOLDS: Coy waited too long to challenge the misjoinder of Schooler’s counterclaims.  Because we find the district court erroneously dismissed those counterclaims instead of docketing them separately, we reverse and remand for further proceedings.  
 

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Abdalla Elehamir Mousa appeals the denial of his application for postconviction relief, contending his trial counsel were ineffective for failing to investigate and call witnesses to testify, failing to properly cross‑examine a key State witness, and requesting a modified jury instruction.  OPINION HOLDS: Because Mousa did not establish either of his trial counsel were ineffective, we affirm the denial of his application for postconviction relief.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J. (6 pages)

            Montrell Anderson appeals the dismissal of his third application for postconviction relief (PCR) from his 2005 convictions for first-degree burglary and second-degree sexual assault.  OPINION HOLDS: Because Anderson failed to show the existence of new ground of fact that is relevant to his convictions and could not be raised during the period set out in section 822.3 (2021), we affirm the order dismissing his third PCR application.

            Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING WITH DIRECTIONS.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J. (14 pages)

            John Grafton entered into a universal plea agreement with the State to resolve three separate criminal cases pending against him.  Grafton maintains the plea agreement he entered into was an Iowa Rule of Criminal Procedure 2.10(3) plea agreement conditioned on the district court’s concurrence.  At the conclusion of his sentencing hearing, the district court rejected Grafton’s plea agreement and imposed a harsher sentence than the one contemplated by his agreement.  On appeal, Grafton challenges his sentence arguing (1) he should have been given an opportunity to withdraw his plea; (2) the sentence violates double jeopardy; and (3) the district court abused its discretion in sentencing him.  OPINION HOLDS: Because we find Grafton entered into a rule 2.10(3) plea agreement conditioned on the district court’s concurrence and the court rejected his agreement, we conclude the district court should have granted him an opportunity to withdraw his plea.  Accordingly, we vacate his sentences and remand for resentencing.  Because we find Grafton’s rule 2.10(3) claim to be dispositive, we do not address his remaining claims.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, C.J., and Schumacher, Badding, Chicchelly, and Langholz, JJ.  Opinion by Schumacher, J.  (29 pages)

            A defendant appeals a district court ruling that found him liable for hostile housing environment sexual harassment, quid pro quo sexual harassment, and retaliation.  He argues there was not substantial evidence to support the district court’s factual findings.  He also challenges the reasonableness of the punitive damages assessed against him.  OPINION HOLDS: The evidence is sufficient to support the district court’s findings. And we find no legal error in the assessment of punitive damages.  Accordingly, we affirm and remand for a determination by the district court of an award of reasonable appellate attorney fees for Van Gundy. 

            Appeal from the Iowa District Court for Linn County, Elizabeth Dupuich, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            C.G. appeals from a protective order prohibiting contact with T.F.’s child.  OPINION HOLDS: Despite the one‑year protective order expiring while this appeal was pending, we find the case is not moot.  We affirm on the merits.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (15 pages)

            Bill McDonough appeals three financial provisions of the decree dissolving his twenty-eight-year marriage with Rachel McDonough.  He challenges: (1) the amount and duration of Rachel’s traditional-spousal-support award; (2) a restriction on the use of the children’s 529 accounts to meet his obligation to pay for their private primary and secondary schooling; and (3) a purported obligation for him to pay expenses for the parties’ adult children.  OPINION HOLDS: On our de novo review, giving appropriate deference to the district court, we agree that the amount of spousal support is equitable.  We reject Bill’s argument that the award should automatically end when Rachel reaches a specific age or retires—such a change in circumstances must be addressed in a modification proceeding.  But because Rachel agrees the award must end if she remarries, we modify the decree accordingly.  As for the funds in the 529 accounts, we cannot say that preserving them for college expenses is inequitable.  Bill’s challenge to the purported obligation to pay expenses for the parties’ adult children is not preserved for our review.  We thus affirm the decree as modified, assess appellate costs to Bill, award Rachel appellate attorney fees, and remand for decision on a reasonable amount of fees.

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

            Dennis Thompson appeals a jury’s guilty verdict, arguing the district court erred when the court allowed the State to amend the trial information during trial and insufficient evidence underlies the jury’s verdict, as the child complainant’s testimony was uncorroborated.  OPINION HOLDS: Because the amended jury instructions did not change Thompson’s trial strategy, Thompson set forth an incomplete alibi before trial started, we find the court did not err when it allowed an amendment to trial information mid-trial.  Finally, Iowa courts have found a child’s uncorroborated testimony is sufficient to underly a guilty verdict.