2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Boone County, Ashley Beisch, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J. (11 pages)

            Pat Kepner appeals his convictions for indecent exposure, arguing the district court abused its discretion by excluding his eyewitness identification expert’s testimony.  OPINION HOLDS: Because we find the district court’s ruling on the admissibility of Kepner’s expert’s testimony was a reasonable exercise of judicial discretion, we affirm. 

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (4 pages)

            Tyler Goode appeals the sentence imposed following his guilty plea, arguing (1) the district court erred when it declined to follow the sentencing recommendation in the plea agreement and (2) the State’s absence at Goode’s sentencing hearing constitutes a failure to advocate for the sentencing recommendation and thus is a breach of the plea agreement.  Opinion Holds: Goode’s consent to the State’s absence waived his right to challenge such on appeal.  And because Goode failed to show the district court abused its discretion when it imposed a statutorily compliant sentence, we affirm. 

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (20 pages)

            After falling in her home, Joanne Jones was taken by ambulance to Mercy Medical Center, where she was treated by Dr. Jordan Imoehl.  Jones later brought a lawsuit against the medical center and doctor (collectively, Mercy), claiming professional negligence, infliction of emotional distress, breach of contract, and res ipsa loquitur—all based on the theory that she was not timely diagnosed and treated for a stroke she suffered.  After Jones failed to file a certificate of merit, the district court dismissed each of Jones’s claims, concluding expert testimony was necessary for each so the lack of certificate of merit was fatal.  Jones appeals, challenging the dismissal of her claims for infliction of emotional distress, breach of contract, and res ipsa loquitur.  OPINION HOLDS: Jones cannot evade the need for expert testimony and a certificate of merit through artful pleading.  Because expert testimony is necessary to establish each of Jones’s claims against Mercy, we affirm the dismissal of her lawsuit.

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (17 pages)

            A criminal defendant appeals his conviction for second-degree murder, challenging the sufficiency of the evidence, denial of a motion to suppress, an evidentiary issue regarding a rebuttal witness, and denial of his request for a non‑model jury instruction.  OPINION HOLDS: We affirm, finding the preserved errors do not warrant reversal.

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Owen Dejesus Jr. appeals the sentence imposed after he entered an Alford plea to one count of lascivious acts with a child.  OPINION HOLDS: Because the court did not abuse its sentencing discretion, we affirm.

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (8 pages).

            After Helena Dettmer tripped and fell on compacted ice and snow as she was crossing a City of Coralville street, she and her husband sued the city alleging negligence and statutory liability.  They appeal the grant of summary judgment in favor of the city, which concluded that the city is entitled to statutory immunity.  OPINION HOLDS: Because Dettmer tripped in the street and the city complied with its snow-removal policy, the city is entitled to statutory immunity under Iowa Code section 668.10(1)(b) (2023) and the district court correctly granted summary judgment in favor of the city.

            Appeal from the Iowa District Court for Clayton County, Laura Parrish, Judge.  APPEAL DISMISSED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Thaddeus Dylan Usher appeals the sentence imposed by the district court after pleading guilty to stalking and first‑degree harassment.  OPINION HOLDS: Because Usher failed to establish “good cause” to pursue an appeal, we must dismiss.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (3 pages)

            Charles Brown appeals the denial of postconviction relief from his convictions for intimidation with a dangerous weapon, willful injury causing serious injury, possession of a firearm as a felon, and interference with official acts while armed with a firearm.  Brown argues that he received ineffective assistance of counsel at trial because his counsel twice failed to object to the State calling a witness and failed to cross-examine the witness about allegedly inconsistent prior statements.  OPINION HOLDS: On our de novo review, we agree with the district court that Brown has failed to show that his counsel breached an essential duty and there is a reasonable probability the result of the proceeding would have been different if the witness had not testified.  We thus affirm with a memorandum opinion under Iowa Court Rule 21.26.    

            Appeal from the Iowa District Court for Pocahontas County, Derek Johnson, Judge.  AFFIRMED.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (18 pages)

            Ferguson appeals his convictions of fifty timber violations and one count of theft in the second degree, arguing insufficient evidence existed on the record to show the trees at issue were cut within an appropriate date range and he possessed or appropriated the trees.  He also alleges he was operating under a mistake of fact.  OPINION HOLDS: We find substantial evidence on the record to sustain his convictions.  

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (13 pages)

            Shengyi Ye appeals the decree dissolving his marriage with Zhenzhen Wang.  He challenges the district court’s restriction on his visitation rights requiring his parenting time to take place in the United States and its placement of the children in Zhenzhen’s sole legal custody.  OPINION HOLDS: On our de novo review, we affirm.  Because China is not a party to the Hague Convention, Zhenzhen would have no recourse should Shengyi refuse to return the children to the United States.  And Shengyi has already once unilaterally kept the children in China for more than half a year.  So the restriction on his visitation prohibiting international travel is justified and in the children’s best interests.  As for legal custody, the district court identified a host of factors that overcome the statutory presumption for joint legal custody, including Shengyi’s actions to prevent the children from leaving China, his significant geographic distance, his lack of active parenting, and his prior violence toward Zhenzhen.  We thus agree that sole legal custody best serves the children.

            Appeal from the Iowa District Court for Chickasaw County, Laura Parrish, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (11 pages)

            Williams appeals the denial of his post conviction relief application, arguing his counsel was ineffective for failure to call eight witnesses, which according to Williams, could have provided exculpatory information at trial.  OPINION HOLDS: We find counsel was not ineffective, as counsel either acted within the realm of reasonable trial strategy or Williams failed to show prejudice with witnesses that could have provided general observations.  Finally, we find that Williams failed to show his right to testify was not waived voluntarily, knowingly and intelligently. 

            Appeal from the Iowa District Court for Buchanan County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            Michael Bagby appeals the district court’s remand order entering judgment against First Street Deli II, LLC, Kimberly Harker, and Alexis Brown, and finding Bagby partially waived his right to collect late fees.  Bagby argues the district court (1) exceeded the scope of the remand, (2) erred by ruling on the issue of waiver, and (3) erred by finding a partial waiver.  OPINION HOLDS: We affirm the district court’s remand order in all respects.