2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (18 pages)

            Kathryn Jondle appeals from a split verdict in an undue-influence action challenging her mother’s will, trust, and inter vivos land transfer.  Jondle contends the district court erred when instructing the jury on the burden of proof applicable to her trust contest.  Margaret Gillespie cross-appeals, arguing the evidence was insufficient to support the jury’s findings on Jondle’s successful claims.  OPINION HOLDS: Because the trust amendment at issue in Jondle’s appeal was of a testamentary nature, we conclude the district court did not err in rejecting the requested burden-shifting instruction.  As for Gillespie’s sufficiency challenge, we find substantial evidence supports the jury’s verdict.  We therefore affirm on appeal and cross appeal.

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  AFFIRMED.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J. (23 pages)

            Thomas Jesse appeals his forty convictions for second-degree sexual abuse, challenging the district court’s denial of his motion to suppress.  He argues that the warrantless search of his room in his parents’ house and the warrantless seizure of his laptop found in that room violated the Fourth Amendment and article 1, section 8 of the Iowa Constitution.  He also argues that the warrants to continue to seize the laptop and search its electronic contents did not satisfy the particularity requirement of those constitutional provisions.  And he argues that the warrant authorizing the search of the entire residence lacks probable cause after excising the evidence obtained by these constitutional violations.  OPINION HOLDS: On our de novo review, we agree with the district court that Jesse’s state and federal constitutional rights were not violated.  The deputy’s warrantless search of Jesse’s bedroom was reasonable because his mother consented to it.  The short seizure of the laptop was also reasonable because it was supported by probable cause and exigent circumstances.  The two warrants sufficiently described the laptop to satisfy the particularity requirement even though they contained typos in the laptop’s serial number.  And because Jesse’s challenge to the final warrant rests on the contrary assumptions that the search and seizure of the laptop were illegal, it fails too.  We thus affirm Jesse’s conviction.

    Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J. (9 pages)

    A jury convicted Matthew Buford of two counts of first-degree murder and flight to avoid prosecution.  Buford challenges the district court’s admission of out-of-court statements by one of the victims over his hearsay objection.  OPINION HOLDS: Finding any hearsay violation harmless, we affirm Buford’s convictions.
 

            Appeal from the Iowa District Court for Worth County, Chris Foy, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (4 pages)

            A driver’s insurer appeals from a ruling on a petition for declaratory judgment disputing whether the vehicle’s insurer had a duty to defend the driver.  OPINION HOLDS: Because the driver’s guilty plea to operation without the owner’s consent has preclusive effect, the owner’s insurer had no duty to defend the driver in a subsequent civil suit.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED AS MODIFIED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (14 pages)

            Abigail Foster, now known as Abigail Fiedler, appeals from a dissolution decree, challenging the district court’s property division, spousal support award, and assessment of attorney and expert witness fees.  OPINION HOLDS: We affirm the district court’s property division as modified and decrease Abigail’s property settlement payment accordingly.  We deny Abigail’s request for a hybrid award of spousal support, affirm the district court’s assessment of trial attorney fees and denial of Abigail’s expert witness fees, and order each party to be responsible for their own appellate attorney fees.

            Appeal from the Iowa District Court for Dallas County, Patrick Greenwood, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Brendan McGuinness appeals the district court’s dismissal of his postconviction relief (PCR) application as untimely, arguing we should adopt equitable tolling.  OPINION HOLDS: Because equitable tolling does not apply under Iowa Code section 822.3 (2023) and, even it did, McGuinness has not shown that he otherwise diligently pursued his rights, we affirm the district court’s dismissal of his PCR application.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (17 pages)

            A criminal defendant appeals his conviction for first‑degree murder, challenging the denial of a Batson challenge, sufficiency of malice and intent evidence, and evidentiary rulings.  OPINION HOLDS: We affirm on all claims.

            Appeal from the Iowa District Court for Kossuth County, John M. Sandy, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Sandy, J., takes no part.  Opinion by Ahlers, J.  (9 pages)

            Christopher Weydert appeals the property provisions of the decree dissolving his marriage to Amber Weydert.  He claims that Amber dissipated marital assets, district court should not have awarded Amber a portion of land because the land was gifted to him, and the court over-valued a dividend.  OPINION HOLDS: Christopher failed to preserve error on his dissipation claim.  The particular facts of this case justified awarding Amber a portion of the land even though it was gifted to Christopher.  And the record supports the district court’s valuation of the dividend.

    Appeal from the Iowa District Court for Linn County, Nicholas L. Scott, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Sandy, J., and Bower, S.J.  Opinion by Bower, S.J.  (13 pages)

    Robert Thompson appeals his convictions for operating while intoxicated, second offense, and carrying a dangerous weapon while under the influence.  OPINION HOLDS: We affirm Thompson’s convictions and sentence.
 

            Appeal from the Iowa District Court for Polk County, Patrick D. Smith, Judge.  REVERSED AND REMANDED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ., but decided en banc.  Opinion by Ahlers, J.  Dissent by Greer, J.  (15 pages)

            Linda Betz filed suit against four employees of her previous workplace for defamation, claiming that statements made in internal documents and meetings harmed her reputation and led to her termination.  The district court granted the defendants’ motion to dismiss because the petition was filed after the two-year statute of limitations ran.  On appeal, Betz argues the district court erred in dismissing her suit.  OPINION HOLDS: Because the alleged defamatory statements were made internally, Betz would have had limited opportunity to become aware of them.  We conclude the discovery rule should be applied in this situation.  The question of when she became aware of the statements is a question of fact that must be determined to decide the statute of limitations.  We reverse the district court’s dismissal and remand the case for further proceedings as if the motion had been denied.  DISSENT ASSERTS: I do not think Betz’s case was dismissed prematurely.  Because she was on inquiry notice when she filed her November 2020 lawsuit, I would conclude her March 2023 defamation claim was barred by the applicable statute of limitations and affirm the district court. 

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            Clarence Tejan appeals the district court’s denial of his application for postconviction relief, raising claims of ineffective assistance of counsel relating to counsel’s failure to call character witnesses at sentencing and counsel’s “previous ethical violations.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Jeffrey Bert, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (8 pages)

            Ron Millbrook appeals the dismissal of his postconviction-relief petition, arguing his trial counsel was ineffective because counsel failed to impeach Vincent Harris, Millbrook’s own witness, with his prior inconsistent statements.  OPINION HOLDS: We find counsel’s decision not to impeach was a tactical one and did not constitute ineffective assistance.