2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Worth County, Rustin Davenport, Judge.  WRIT ANNULLED.  Considered without oral argument by Ahlers, P.J., Sandy, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Tyrone Washington brings this certiorari action contesting the district court’s denial of his challenge to his restitution plan set by the Iowa Department of Corrections.  He argues he did not receive a pre-deprivation notice informing him of his restitution plan.  OPINION HOLDS: Finding Washington received a pre-deprivation notice, as well as copies of his restitution plans, and never objected to the same, we annul his writ. 

    Appeal from the Iowa District Court for Buchanan County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Chicchelly, J., and Bower, S.J.  Opinion by Bower, S.J.  (10 pages)

    Scott Brown appeals his convictions for sexual abuse in the second degree, challenging the introduction of evidence, improper sentencing considerations, and the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Aaron Paul Woodman appeals the sentences imposed by the district court after pleading guilty to two counts of forgery.  OPINION HOLDS: Because the court did not abuse its discretion when sentencing him, we affirm Woodman’s sentences.

    Appeal from the Iowa District Court for Calhoun County, DeDra Schroeder, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., Chicchelly, J., and Bower, S.J.  Opinion by Bower, S.J.  (5 pages)

    Corey Trott appeals the district court’s dismissal of his second application for postconviction relief as untimely.  OPINION HOLDS: Upon our review, we affirm.  
 

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J. (17 pages)

            Sherica Smiley challenges her convictions for two counts of possession of a controlled substance, one count each for methamphetamine and cannabis.  Smiley argues the district court improperly allowed use of her prior misdemeanor conviction to impeach; the jury verdict was not supported by substantial evidence; the district court applied the wrong standard when ruling on her motion for new trial and, alternatively, erred in denying a new trial; and the district court committed reversible error in imposing a fine on the possession-of-cannabis conviction.  OPINION HOLDS: Because Smiley agreed to the district court reading a stipulation to the jury, error is unpreserved on the evidentiary issue.  Substantial evidence supported the jury verdict on both convictions.  The district court did not abuse its discretion in denying Smiley’s motion for a new trial.  But as the State concedes, the record indicates the district court failed to properly exercise its discretion concerning the fine on the possession-of-cannabis conviction. So, we vacate that portion of the sentence imposed and remand for the limited purpose of resentencing on that count. 

            Appeal from the Iowa District Court for Ida County, Jeffrey A. Neary, Judge.  VACATED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered without oral argument by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (11 pages)

            A party appeals from a partition ruling following an heirs-property dispute.  OPINION HOLDS: Because the district court did not have the benefit of our relevant statutory interpretation on heirs property partitions, we vacate and remand for the court to reconsider in light of our decision in Muhr v. Willenborg, 6 N.W.3d 752 (Iowa Ct. App. 2024).

            Appeal from the Iowa District Court for Wapello County, Michael Carpenter, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (8 pages)

            Maria Guadalupe Espinoza Sotelo appeals the district court’s grant of River Hills Community Health Center’s motion for summary judgment and denial of her motion to reconsider, arguing the district court erred in concluding that there were not disputed material facts relating to both her claims of negligence and negligent hiring, supervision, and retention against River Hills.  OPINION HOLDS: Finding no errors of law, we affirm.

            Appeal from the Iowa District Court for Clarke County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J. (5 pages)

            Brittany Jo Ann Bailey appeals the sentences imposed by the district court after her convictions.  OPINION HOLDS:  Because the court did not abuse its discretion when sentencing her, we affirm.

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            Devin Waters appeals his conviction and sentence for domestic abuse assault causing bodily injury, in violation of Iowa Code section 708.2A(1) and 708.2A(2)(b) (2023).  He argues the State presented insufficient evidence to convict him, and the district court abused its discretion in denying his request for a deferred judgment.  OPINION HOLDS: Since substantial evidence supports his conviction and the district court did not abuse its sentencing discretion, we affirm.

            Appeal from the Iowa District Court for ant County, Patrick R. Grady, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (2 pages)

            An applicant appeals the denial of his application for postconviction relief.  OPINION HOLDS: Hatchett failed to preserve error on his claims, so we affirm. 

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED AND REMANDED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A father appeals the district court’s denial of his petition to modify the physical-care provisions of a custodial decree.  OPINION HOLDS: Although the father established a material change in circumstances, he failed to establish he is better suited to minister to the child’s needs than the child’s mother.  We affirm the district court’s decision to deny the father’s petition.  We award the mother appellate attorney fees and remand to the district court to determine the amount of the award not to exceed $6000.

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

            Brian Brandel appeals the revocation of his deferred judgment and sentence.  OPINION HOLDS: The district court did not abuse its discretion in revoking Brandel’s deferred judgment for first-degree fraudulent practices and imposing a prison sentence after the court found that Brandel had “outright lied” about a pecuniary damages payment.