2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, C.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            Kevin Kelley appeals his conviction for operating while intoxicated, second offense, arguing it is not supported by substantial evidence.  OPINION HOLDS: Considering Kelley’s admission at the scene regarding his use of methamphetamine and marijuana, the pipe in his vehicle that appeared to have burnt methamphetamine, his performance on field sobriety tests, the heat bumps on his tongue, and his refusal to give a urine sample to be tested for illegal substances after drinking large quantities of water, substantial evidence supports the jury’s determination that Kelley was “under the influence.” 

            Appeal from the Iowa District Court for Delaware County, William Patrick Wegman and Monica Zrinyi Ackley, Judges.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            A jury convicted Frank Berwanger of criminal mischief, interference with official acts, and eluding.  Berwanger challenges a ruling on his motion to suppress claiming the initial traffic stop was unlawful, argues the State failed to present sufficient evidence to support his criminal mischief conviction, and claims the district court erred by refusing to submit a self-defense instruction to the jury.  OPINION HOLDS: The district court committed no errors in finding there was substantial evidence supporting Berwanger’s conviction for criminal mischief, that the motion to suppress was without merit, and that Berwanger was not entitled to a justification jury instruction.  We affirm.

            Appeal from the Iowa District Court for Mills County, Jennifer Benson Bahr, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. (3 pages)

            A criminal defendant appeals his sentence as a habitual offender.  OPINION HOLDS: We conclude the defendant’s risk‑assessment challenge was not preserved, but the fine should not have been imposed.  We affirm in part, reverse in part, and remand with directions to enter a corrected sentencing order.

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (6 pages)

            Bonita Harland and her children, Amanda Lovig, Travis Harland, and Ethan Harland, appeal the district court’s dismissal of their petition contesting the will of Arlene Kae Severidt, Bonita’s sister.  OPINION HOLDS: Because Bonita and her children were not entitled to notice of the admission of Severidt’s will to probate, their petition is barred by the statute of limitations.  We affirm.

    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.