2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Sandy, J., and Bower, S.J.  Opinion by Schumacher, P.J.  (8 pages)

            Amarrion Isom appeals his conviction for murder in the first degree.  He challenges the sufficiency of the evidence to support his conviction, arguing the State failed to prove he acted with premeditation.  Isom also appeals the use of a jury instruction permitting an inference of malice from Isom’s use of a dangerous weapon.  OPINION HOLDS: As substantial evidence supported the jury’s finding that Isom acted with premeditation and that the shooting was not an accidental discharge, we find no error in the use of the challenged jury instruction and uphold Isom’s conviction. 

            Appeal from the Iowa District Court for Johnson County, Elizabeth Dupuich, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Buller, J., and Bower, S.J.  Opinion by Buller, J.  (6 pages)

            A criminal defendant appeals his convictions for two counts of sexual abuse in the second degree, asserting the district court erred in admitting statements he claims were inadmissible hearsay.  OPINION HOLDS: We affirm, finding two of the challenged statements were not hearsay and the third was covered by at least one exception and in any event cumulative and harmless.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A criminal defendant appeals his discretionary sentence, claiming the district court abused its discretion in considering a victim impact statement and providing inadequate reasons for running his misdemeanor sentence consecutively to his two felony sentences.  OPINION HOLDS: Because he didn’t object below when the victim impact statement was read by the prosecutor at the sentencing hearing, that claim is not preserved.  Finding no consideration of any improper factor or abuse of discretion in sentencing, we affirm. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (21 pages)

            After he required a below-the-knee amputation of his left leg, Jason McKenney brought a lawsuit alleging negligent care against the defendant medical-care providers.  A jury returned a finding of no negligence, which McKenney appeals.  He argues the district court erred in admitting a copy of the referral to the wound clinic both because it was hearsay and because it was “altered” by someone at the medical facility and, thus, constituted fraud on the court.  McKenney also raises a claim of misconduct and misrepresentations made by counsel for the defendants during trial, which he asserts necessitates a new trial.  OPINION HOLDS:  After review, we reject McKenney’s evidentiary challenges and affirm the denial of the motion for new trial.  

            Appeal from the Iowa District Court for Pottwattamie County, Michael Hooper, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (13 pages)

            LeGear appeals the denial of his fourth PCR petition, claiming the district court erred in granting the State’s motion for summary disposition and his PCR counsel provided ineffective assistance.  OPINION HOLDS:  Because LeGear’s claim does not raise a new issue of fact, his fourth PCR petition is time-barred.  And because his PCR petition was time-barred, LeGear cannot show counsel’s actions were prejudicial.

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (15 pages)

            A father appeals an order modifying the child support provision of the decree dissolving his marriage, claiming the district court erred in calculating his income.  He also challenges the court’s failure to increase his visitation and the court’s orders relating to the guardian ad litem and the award of trial attorney fees.  OPINION HOLDS: Upon our review, we affirm the district court’s modification order and decline an award of appellate attorney fees to either party.

            Appeal from the Iowa District Court for Marion County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (7 pages)

            A jury convicted Luke Langebartels of invasion of privacy and five other sexually based offenses.  He now contends that the district court violated his confrontation rights under the Iowa Constitution by allowing the child victim to testify outside of his presence.  He also challenges the sufficiency of the State’s proof for invasion of privacy under Iowa Code section 709.21 (2022).  OPINION HOLDS: Because Langebartels failed to preserve error on his constitutional claim, it is not properly before us.  And viewing the evidence in the light most favorable to the jury’s verdict, we find substantial evidence to satisfy the elements of section 709.21(1).  So, we affirm his convictions.

            Appeal from the Iowa District Court for Johnson County, David M. Cox, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (10 pages)

            Building tenant Short’s Burger and Shine, LCC (Short’s) appeals from an order and writ of removal and possession in a commercial forcible‑entry‑and‑detainer (FED) action brought by MidWestOne Bank (MWO).  Short’s challenges the effect of a prior FED action and alleged lease violations, whether the lease was modified, and if strict compliance was necessary or equitable.  OPINION HOLDS: We find that MWO never repudiated or violated the clear terms of the lease, the lease wasn’t modified, and equity prohibits relief to Short’s.  We affirm and direct the district court to take any action necessary to issue or enforce the vacated writ of possession.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  APPEAL DISMISSED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            Following entry of a written guilty plea to criminal mischief and attempted burglary, Terrence Williams appeals the district court’s denial of his request for substitute counsel.  OPINION HOLDS: Because Williams failed to establish good cause, we dismiss his appeal.

            Certiorari to the Iowa District Court for Polk County, Kristen Formanek, Judge.  WRIT ANNULLED.  Considered without oral argument by Ahlers, P.J., Langholz, J., and Mullins, S.J.  Opinion by Langholz, J.  (3 pages)

            Joshua Uranga challenges the jurisdiction of the district court to act in his criminal proceeding while his application for discretionary review was pending in the supreme court.  OPINION HOLDS: We treat Uranga’s challenge as a petition for writ of certiorari, grant the writ, and proceed to the merits.  Because an application for discretionary review does not deprive the district court of jurisdiction and Uranga did not seek a stay while the application was pending, the district court had jurisdiction to accept his guilty plea, adjudicate him guilty, and impose a sentence.  We thus annul the writ. 

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            Cade Francis Sinclair challenges the denial of his motion to suppress evidence obtained during an investigatory stop of his vehicle.  OPINION HOLDS: Because the officer had reasonable suspicion of criminal activity to justify the investigatory stop of Sinclair’s vehicle, we affirm the denial of Sinclair’s motion to suppress and affirm his conviction.

            Appeal from the Iowa District Court for Bremer County, Colleen Weiland, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Tabor, C.J.  (4 pages)

            Reed Kahler appeals the district court’s denial of his petition to modify the child custody and physical care provisions of the decree dissolving his marriage to Megan Paulding.  OPINION HOLDS: Because Reed failed to prove a substantial or material change in circumstances and a criminal no-contact order prevents modifying the custody and physical care provisions, we affirm with this memorandum opinion.  See Iowa Ct. R. 21.26(1)(d), (e).  We decline Megan’s request for appellate attorney fees.