2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Emmet County, Ann M. Gales, Judge.  AFFIRMED ON BOTH APPEALS.  Considered without oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            A mother and father separately appeal the termination of their respective parental rights to their three children.  The father claims (1) the State failed to establish a statutory ground for termination, in part because the Iowa Department of Health and Human Services did not make reasonable efforts toward reunification, (2) his bonds with the children should have precluded termination, and (3) the juvenile court should have given him additional time to work toward reunification.  The mother only challenges whether termination is in the children’s best interests.  OPINION HOLDS: The State established a statutory ground for termination, and the father waived his reasonable-efforts challenge.  The father’s bonds with the children are not of such magnitude to warrant application of a permissive exception to forgo termination, and we do not grant him any additional time to work toward reunification.  Termination of the mother’s parental rights is in the children’s best interests.

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., Buller, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            James Horace Jr. appeals his conviction for second-degree sexual abuse, challenging the sufficiency of the evidence.  He argues the record fails to support the district court’s finding that the abuse took place in Black Hawk County.  He also challenges the court’s decision to credit the victim’s version of events.  OPINION HOLDS: Even if venue were an essential element of Horace’s crime, we would find the State met its burden to establish the offense occurred in Black Hawk County.  Furthermore, because it was the district court’s prerogative to credit the victim’s testimony over Horace’s, we find substantial evidence supports the verdict.  We therefore affirm Horace’s conviction.

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered en banc without oral argument.  Telleen, S.J., takes no part.  Opinion by Buller, J.  Sandy, J., specially concurs; Tabor, C.J., specially concurs with Schumacher, Ahlers, and Badding, JJ. joining.  (25 pages)

            A criminal defendant appeals his convictions on three counts of sexual abuse in the second degree, and the State asks this court to overrule State v. Smith, 508 N.W.2d 101 (Iowa Ct. App. 1993).  OPINION HOLDS: We expressly overrule Smith, finding this court misapplied the standards of appellate review.  And we affirm Lang’s convictions as supported by substantial evidence.  SANDY SPECIAL CONCURRENCE ASSERTS: I write separately to clarify that I would narrow the scope of the majority’s reasoning in overruling Smith.  TABOR SPECIAL CONCURRENCE ASSERTS: I agree with the result reached by the main decision because the testimony of Z.S. provided substantial evidence to support the district court’s findings of fact and conclusions of law.  But I disagree with the extra step of overruling a three-decades-old outlier case.  Overruling State v. Smith, 508 N.W.2d 101 (Iowa Ct. App. 1993), is unnecessary to resolve Lang’s appeal.  And doing so undermines the due-process review required by Jackson v. Virginia, 443 U.S. 307, 316 (1979).  Honoring the principle of judicial restraint, I would reject the State’s request to overrule Smith.

            Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge.  AFFIRMED.  Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Opinion by Tabor, C.J.  (11 pages)

            Wardlow appeals the denial of her motion for new trial for her medical malpractice suit.  She alleges various court rulings over expert testimony and evidentiary issues materially affected her substantial rights.  OPINION HOLDS: Because we find she failed to prove how her substantial rights were affected and because many alleged errors were harmless, we affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED AS MODIFIED.  Considered without oral argument by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            Kiranmai Yarlagadda appeals the decree dissolving her marriage with Venkata Yarlagadda.  She argues that the property division was inequitable and that she should have been awarded traditional spousal support rather than only five years of rehabilitative spousal support.  OPINION HOLDS: On our de novo review, we agree that the district court equitably divided the marital property.  But given the parties’ twenty-two year marriage, disparity in their incomes, Kiranmai’s limited earning capacity and long-standing financial dependence on Venkata, and Kiranmai’s sacrifice of her medical career to be with Venkata, a traditional-spousal-support award is required to do equity between the parties.  We thus affirm the decree as modified.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED AND REMANDED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            Robert and Alisha Orton appeal the terms of their dissolution decree.  Robert appeals the calculation of his annual income and the spousal support awarded to Alisha.  Alisha cross-appeals, arguing the district court should have awarded a property equalization payment or otherwise asks us to find the premarital agreement unenforceable.  Alisha further requests appellate attorney fees.  OPINION HOLDS: Upon our review, we affirm the district court and remand for a determination of appellate attorney fees.

            Certiorari from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  WRIT ANNULLED.  Considered without oral argument by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            Christine Luna, through writ of certiorari, appeals the amount of restitution ordered by the district court.  Luna claims that the district court erred because the amount of restitution it ordered was not supported by substantial evidence.  OPINION HOLDS: There was substantial evidence for the district court to order $15,117 in restitution.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Greer, J., and Doyle, S.J.  Buller, J., takes no part.  Opinion by Greer, J.  (10 pages)

            Jamodd Sallis appeals his conviction of sexual abuse in the third degree, enhanced as a habitual offender.  He claims the district court erred by denying him the right to counsel by failing to appoint him new counsel or inquire into the breakdown in his attorney-client relationship.  OPINION HOLDS: Because the district court dedicated significant time inquiring into the relationship breakdown and Sallis never requested substitute counsel, we affirm.  

            Appeal from the Iowa District Court for Polk County, Katie Ranes, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (14 pages)

            A decedent’s spouse appeals a declaratory judgment ruling denying her spousal share claim to assets in a Panamanian private interest foundation (PIF) established by the decedent before his death.  OPINION HOLDS: We affirm because a Panamanian PIF is not a revocable trust and thus is not in the list assets under Iowa Code section 633.238(1).

            Appeal from the Iowa District Court for Buchanan County, Stephanie C. Rattenborg, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (3 pages)

            Traci Chamberlain seeks discretionary review of the district court’s ruling affirming both her simple misdemeanor convictions for violations of a no-contact order.  She claims the district court could not have conducted a full and fair review of the record because the magistrate failed to forward the necessary parts of the record required by Iowa Rule of Criminal Procedure 2.72(3).  OPINION HOLDS: We affirm because Chamberlain failed to show that the district court did not have the applicable record available to it.  And even if the district court did not have the applicable record, Chamberlain failed to preserve error on the issue.

            Appeal from the Iowa District Court for Decatur County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Ahlers, P.J. (4 pages)

            Trenton Barnett challenges the sufficiency of the evidence supporting his convictions for criminal mischief in the third degree and trespass causing damage.  OPINION HOLDS: Barnett’s convictions are supported by substantial evidence.

            Appeal from the Iowa District Court for Wright County, Christopher Foy, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Tabor, C.J.  (5 pages)

            Jesus Hernandez appeals his conviction of attempted murder.  Hernandez contends the district court should have suppressed the self-inculpatory statement he made to law enforcement because he was not given a Miranda warning, violating his Fifth Amendment right against self-incrimination.  OPINION HOLDS: Finding no basis for suppressing the challenged statement, we affirm.