2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Benton County, Valerie L. Clay, Judge.  REVERSED AND REMANDED.  Considered without oral argument by Tabor, C.J., and Schumacher and Badding, JJ.  Opinion by Tabor, C.J.  (8 pages)

            A homeowners association appeals the dismissal of its claim against an estate as time barred.  It asserts equitable relief from that deadline based on “peculiar circumstances” under Iowa Code section 633.410(3) (2023).  OPINION HOLDS: The probate court erred in applying an abandoned test to demonstrate peculiar circumstances under that code section.  We find that “good conscience and fair dealing” require that the association have a hearing on the merits.  So we reverse and remand to the probate court.

            Appeal from the Iowa District Court for Johnson County, Lar G. Anderson and Chad Kepros, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (16 pages)

            Unbridled Spirits Thoroughbred Retirement Ranch, Inc. (Unbridled) appeals the district court ruling dismissing its claims brought against Carl and Elizabeth Riechers for failure to obtain counsel.  On appeal, Unbridled argues the district court incorrectly concluded that a nonprofit corporation cannot be represented by a non-attorney employee in a civil action.  Thus, it argues its claims were properly dismissed.  Additionally, Unbridled contends the district court erred by dismissing its claims with prejudice.  OPINION HOLDS: Upon our review of the record, we affirm the district court’s ruling dismissing Unbridled claims for failure to obtain counsel.  However, we conclude the district court erred by dismissing Unbridled’s claims with prejudice. 

            Appeal from the Iowa District Court for Boone County, Angela L. Doyle, Judge.  AFFIRMED.  Considered without oral argument by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            The plaintiffs appeal the judgment entered for the defendant on claims for damages arising from a motor vehicle collision.  OPINION HOLDS: Because the plaintiffs failed to disclose the information required under Iowa Rule of Civil Procedure 1.500(2)(c) for treating physicians testifying as expert witnesses, the district court properly limited their testimony.

            Appeal from the Iowa District Court for Osceola County, Shayne Mayer, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (12 pages)

            A jury found Francisco Javier Lopez Escoto Jr. guilty of second-degree sexual abuse.  On appeal, he argues (1) the evidence was insufficient to support the conviction; (2) the district court abused its discretion in denying his motion for a new trial based on an alleged error on the verdict form; and (3) the exclusion of certain evidence violated his constitutional right to present a defense.  OPINION HOLDS: Substantial evidence supports Lopez Escoto’s conviction for second-degree sexual abuse.  The district court did not abuse its discretion in denying his motion for a new trial based on the verdict form.  Nor did the court abuse its discretion or violate his constitutional right by excluding evidence that third parties had access to the child.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            A defendant challenges the sufficiency of the evidence supporting his conviction for criminal mischief.  OPINION HOLDS: Substantial evidence supports the conviction, and we affirm.

            Appeal from the Iowa District Court for Washington County, Shawn Showers, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (5 pages)

            On appeal, a husband argues that the district court erred by setting temporary child support without making a finding as to his income.  He also contends the district court should have ordered the wife to pay temporary spousal support.  The wife asks us to affirm the district court’s ruling and requests an award of appellate attorney fees.  OPINION HOLDS: We reverse and remand for further proceedings to resolve the dispute over the husband’s income and, after making written findings, to recalculate the temporary child support obligation.  We affirm the district court’s denial of the husband’s request for temporary spousal support and deny the wife’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (4 pages)

            Nearly forty years after procedendo issued on his two convictions for first-degree murder, Jack Losee filed his sixth application for postconviction relief (PCR).  The district court dismissed Losee’s application as time-barred, which Losee challenges on appeal.  OPINION HOLDS: We affirm the summary dismissal of Losee’s sixth PCR application. 

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Brannon Johnson appeals his conviction for second-degree murder.  He claims that the district court (1) abused its discretion when it denied his motion for new trial based on the weight of the evidence, (2) abused its discretion by not permitting him to introduce certain impeachment evidence, and (3) abused its discretion by denying his motion for mistrial after the prosecutor accidentally published an autopsy photo for a moment.  OPINION HOLDS: The district court applied the correct standard when considering Johnson’s motion for new trial and did not abuse its discretion when it denied the motion.  The district court did not abuse its discretion when it did not admit the impeachment evidence without proper foundation.  And the district court did not abuse its discretion when it denied the motion for mistrial.  Accordingly, we affirm Johnson’s conviction for second-degree murder.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  (6 pages)

            Olen Brown appeals his convictions and sentences for assault on a peace officer causing bodily injury and interference with official acts causing bodily injury, challenging the sufficiency of the evidence and that he was deprived of a fair and impartial jury.  OPINION HOLDS: We affirm, finding substantial evidence supports his verdicts and his juror challenge was not preserved.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL; WRIT ANNULLED.  Considered without oral argument by Greer, P.J., Ahlers, J., and Bower, S.J.  Opinion by Bower, S.J.  (14 pages)

            Jay Breuer appeals an order modifying the legal-custody provisions of the decree dissolving his marriage to Angela Breuer.  He claims the district court erred in granting Angela’s request for sole legal custody of the parties’ children.  Angela cross-appeals, challenging the court’s finding her in contempt of certain portions of the decree.  Both parties contest the court’s awards of trial attorney fees and request appellate attorney fees.  OPINION HOLDS: Upon our review, we affirm on appeal and cross-appeal, annul the writ of certiorari, and decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Osceola County, Charles Borth, Judge.  AFFIRMED.  Considered without oral argument by Badding, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Chicchelly, J.  (12 pages)

            Mitchel Harris Duskin appeals his convictions for sexual abuse, contending the court erred in its evidentiary and proposed‑jury‑instruction rulings and challenging the sufficiency and weight of the evidence supporting his convictions.  OPINION HOLDS: Because the court neither erred nor abused its discretion and there is sufficient evidence supporting the verdicts, we affirm Duskin’s convictions.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (11 pages)

            Trevon Lucas filed a petition for postconviction relief, alleging that his criminal trial counsel was ineffective and that he was actually innocent.  OPINION HOLDS: Because we find trial counsel performed competently and the evidence on the record does not supply clear proof that Lucas is actually innocent, we affirm his convictions.