Court of Appeals Opinions

            Appeal from the Iowa District Court for Marshall County, The Honorable John J. Haney, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Badding and Sandy, JJ. Opinion by Sandy, J. (7 pages)

            Following his felony convictions for lascivious acts with a child and misdemeanor conviction for indecent contact with a child, Kenneth Burke appeals the sentence imposed, asserting that the district court abused its discretion. OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Allamakee County, The Honorable Alan T. Heavens, Judge. REVERSED AND REMANDED. Heard at oral argument by Greer, P.J., and Schumacher and Chicchelly, JJ. Opinion by Schumacher, J. (17 pages)

            Tony and Rebecca Seitz appeal an order recognizing an easement on their property for ingress and egress to Ryan Lutze’s neighboring property. OPINION HOLDS: Because an easement was neither continuously and obviously used nor reasonably necessary at the time the parties’ properties were separated, the district court erred in granting Lutze’s claim for an easement by implication and Lutze’s claim for an easement by necessity also fails. Accordingly, we reverse and remand to the district court for further proceedings.

            Appeal from the Iowa District Court for O’Brien County, The Honorable Shayne Mayer, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ. Opinion by Langholz, J. (8 pages)

            Tayten Darnell appeals the custody and child-support order under Iowa Code chapter 600B (2024) that placed his daughter in the physical care of her mother, Emily Mairose. OPINION HOLDS: Considering which placement would best provide stability for the daughter and foster her relationships with both parents, we modify the decree to place the daughter in Tayten’s physical care. We also remand the case to the district court to establish a visitation schedule for Emily and calculate an appropriate child-support award. And we decline Emily’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, The Honorable Robert J. Richter, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (5 pages).

            Sara Krausman appeals the sentences imposed by the district court following a global plea agreement. She asserts the district court failed to indicate whether her sentences would run concurrently or consecutively and only indicated that in the event her probation was revoked, the sentences for certain counts would run consecutively. She argues the imposed sentence was illegal, and that her sentences should be presumed to run concurrently. OPINION HOLDS: Upon our review, we affirm the district court.

            Appeal from the Iowa District Court for Hardin County, The Honorable Christopher C. Polking, Judge.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Chicchelly, P.J.  (6 pages)

            Harold and Jody Johnson (the Johnsons) appeal the district court’s ruling granting summary judgement for Farmers Mutual Hail Insurance Company of Iowa (Farmers).  The Johnsons allege Farmers should be equitably estopped from claiming the contractual limitations period had expired.  OPINION HOLDS: Because the two-year contractual limitations period had run and the Johnsons have not shown that they requested their insurance policy from Farmers who refused to provide it, we affirm the district court’s grant of summary judgment.

            Appeal from the Iowa District Court for Clay County, The Honorable Shayne Mayer, Judge. AFFIRMED. Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ. Opinion by Chicchelly, P.J. (6 pages)

            Jessica Ries appeals the district court's order denying her motion to suppress.  She argues law enforcement’s search and seizure of her person lacked probable cause.  OPINION HOLDS: Because Ries consented to the search of her person, we affirm the district court’s denial of Ries’ motion to suppress. 

            Appeal from the Iowa District Court for Dubuque County, The Honorable Robert J. Richter, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Opinion by Badding, J.  (5 pages)

            Brian Bennett appeals his sentences after pleading guilty to third-degree burglary and domestic abuse assault.  He argues the court abused its discretion by relying predominantly on his criminal history in determining his sentences.  OPINION HOLDS: Simply because the district court weighed Bennett’s criminal history more heavily than the mitigating factors does not mean the court abused its sentencing discretion.  We affirm Bennett’s sentences.

            Appeal from the Iowa District Court for Black Hawk County, The Honorable Linda M. Fangman, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Badding and Sandy, JJ. Opinion by Sandy, J. (5 pages)

            Janackery Winston argues the district court abused its discretion by imposing incarceration rather than a suspended sentence, asserting the court failed to adequately credit his mental-health history, remorse, and prospects for rehabilitation. OPINION HOLDS: Because the sentence was authorized by statute and grounded in a reasoned assessment of the relevant factors, Winston has not overcome the strong presumption in favor of the district court’s sentencing decision, and we thus affirm.

            Appeal from the Iowa District Court for Polk County, The Honorable Gregory D. Brandt, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., Langholz, J., and Bower, S.J. Opinion by Langholz, J. (7 pages)

            Alfredo Lorenzo Pena appeals his two-year indeterminate prison sentence after pleading guilty to operating while intoxicated, second offense. He argues that the district court improperly considered unproven conduct and failed to comply with Iowa Rule of Criminal Procedure 2.23(2)(b) and Iowa Code section 901.5(7). OPINION HOLDS: The court’s reliance on defense counsel’s statements about the probation officer’s recommendation against probation and Lorenzo Pena’s conduct while on probation was not improper. The court’s question to Lorenzo Pena before imposing sentence substantially complied with rule 2.23(2)(b). And assuming that the court was required to inform Lorenzo Pena he had already served the mandatory minimum, that omission does not invalidate his sentencing. We thus affirm Lorenzo Pena’s sentence.

              Appeal from the Iowa District Court for Black Hawk County, The Honorable David F. Staudt, Judge. AFFIRMED. Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ. Opinion by Sandy, J. (5 pages)

              Bradley Jaquith appeals from the district court’s final domestic abuse protective order. The district court found Bradley committed domestic abuse against his wife, Abbey Jaquith. Bradley argues insufficient evidence supports such a finding. OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Grundy County, The Honorable Kellyann M. Lekar, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Opinion by Badding, J.  (3 pages)

            Scafferi Enterprises, LLC appeals from a jury verdict in favor of Justin Wise, challenging the sufficiency of the evidence showing Scafferi was obligated to complete the reconstruction of Wise’s fire-damaged home.  OPINION HOLDS: Our review in this case is for correction of errors at law.  Because Scafferi never moved for a directed verdict, it failed to preserve any claim of legal error related to the sufficiency of the evidence.  Accordingly, we decline to consider this appeal.

            Appeal from the Iowa District Court for Polk County, The Honorable Scott D. Rosenberg, Judge. APPEAL DISMISSED. Considered without oral argument by Ahlers, P.J., and Buller and Sandy, JJ. Opinion by Ahlers, P.J. (3 pages)

            Stephanie Beveridge appeals her sentence following entry of a guilty plea. OPINION HOLDS: Because Beveridge received the sentence agreed upon by the parties in the plea agreement, she cannot establish good cause to appeal.  Because she cannot establish good cause to appeal, we do not have jurisdiction and dismiss the appeal.