2025 Archive | Court of Appeals Court Opinions

    Appeal from the Iowa District Court for Marshall County, Amy M. Moore and James C. Ellefson, Judges.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (9 pages)

    Blessing Toe pleaded guilty to extortion and assault with intent to inflict serious injury.  For these crimes, Toe received a sentence of up to seven years in prison.  On appeal, Toe challenges his written guilty plea and asks for resentencing.  OPINION HOLDS: We find good cause for Toe to appeal his plea but cannot grant the relief he seeks.  Iowa Code section 814.29 (2023) precludes us from vacating his guilty pleas.  And the district court did not abuse its discretion in imposing the parties’ agreed-to consecutive prison terms.  So, we affirm.
 

            Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Judge.  AFFIRMED AND REMANDED TO DETERMINE ATTORNEY FEES.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. Concurrence in part and dissent in part by Schumacher, P.J.  (11 pages)

            A father, Shawn, appeals the provisions of a decree dissolving his marriage granting the mother, Emma, sole legal custody and physical care of their minor child.  The mother requests appellate attorney fees.  OPINION HOLDS: We agree with the district court’s custody and physical care determination; we affirm and remand to determine appellate attorney fees in a reasonable amount not to exceed $7500.  PARTIAL DISSENT ASSERTS: I am pleased to join in the well-reasoned majority opinion concerning the award of legal custody and physical care.  I dissent only as to the majority’s determination that Shawn should contribute to Emma’s appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Mark Steinhelper appeals his convictions on two counts of lascivious conduct with a minor.  OPINION HOLDS: Based on the plain language and clear meaning of Iowa Code section 709.14(1) (2023), a person commits lascivious conduct with a minor by removing or forcing the removal of a minor’s clothing.   Applying that interpretation to the facts, viewed in the light most favorable to the State, substantial evidence shows Steinhelper committed two counts of lascivious conduct with a child.

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            An estate appeals the district court’s dismissal of its wrongful‑death action against a healthcare entity, contending that its claims were improperly dismissed.  OPINION HOLDS: Because the estate’s claims required a certificate of merit affidavit, and because the estate failed to file one, the claims were properly dismissed.

    Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (9 pages)

    A father appeals an order modifying his former wife’s visitation schedule with their now ten-year-old daughter.  He contends that his former wife did not show a material change in circumstances justifying the modification.  He also argues that the expanded visitation is not in their daughter’s best interests.  OPINION HOLDS: Because the record belies both points, we affirm the modification order.  And we decline both parties’ requests for attorney fees.
 

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (22 pages)

            Patti Englehart appeals a jury verdict against her claim of wrongful termination on several evidentiary grounds.  She contests the admission of ten exhibits and testimony from Dan Serra, her former employer, on hearsay or relevance grounds.  OPINION HOLDS: Because we find that each piece of evidence was either properly admitted or admitted without prejudice, we affirm the decisions of the district court. 

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Telleen, S.J.  Opinion by Schumacher, P.J. (3 pages)

            Gita Thomas appeals her conviction for driving while barred, challenging the denial of her motion to dismiss for an alleged speedy-indictment violation.  OPINION HOLDS: Because the State charged Thomas by trial information within forty-five days of her initial appearance, no speedy-indictment violation occurred and the district court properly denied Thomas’s motion.  We affirm.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Eric Isaiah McIntyre appeals the sentences imposed by the district court after entering pleas for several offenses.  OPINION HOLDS: Because the district court did not abuse its discretion when sentencing McIntyre, we affirm his sentences.

    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 Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            Stephanie Young appeals the district court’s entry of summary judgment on her legal malpractice claim for failure to designate a qualified standard-of-care expert.  OPINION HOLDS: Because Young failed to designate a qualified expert, and the district court did not abuse its discretion in denying her post-judgment request for an extension, summary judgment was proper.

            Appeal from the Iowa District Court for Monona County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (8 pages)

            Corey Johnson challenges the dissolution decree placing his children in the physical care of their mother, Celina Johnson.  He advocates joint physical care of the children.  Corey also disputes the child and spousal support awards, claiming the court erred in not imputing income to Celina despite a longstanding agreement that she would homeschool the children until they reach the eighth grade.  OPINION HOLDS: We affirm the district court’s decision to grant Celina physical care of the children, as well as its refusal to impute income to her in their child-support and spousal-support determinations.

    Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (2 pages)

    Christopher Mosset appeals his conviction for driving while barred and contends the district court abused its discretion at sentencing.  OPINION HOLDS: Substantial evidence supports the conviction, and Mosset states no reason why the court abused its discretion.  We affirm by memorandum opinion.  See Iowa R. App. P. 21.26(1)(b), (e).