Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Harrison County, Greg W. Steensland, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J. (11 pages)

            A criminal defendant appeals his first-degree murder conviction, asserting the State’s evidence at trial was insufficient to overcome his alleged justification and intoxication.  OPINION HOLDS: Because the State offered substantial evidence of the defendant’s guilt despite the defendant’s proffered defenses, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (14 pages)

            A former wife argues that the trial court failed to include in the calculation of marital assets the former husband’s “cash bankroll” he kept in the house safe for gambling purposes; that the court failed to find the husband dissipated assets after the wife filed the dissolution petition by his continued gambling as well as excessive spending as shown by his credit card use; and that the court failed to award the wife transitional spousal support.  OPINION HOLDS: We affirm the district court as to the “cash bankroll,” dissipation of assets by excessive credit card spending, and denial of transitional spousal support, but we modify the decree as to the dissipation of assets by the husband’s gambling.  We deny the husband’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Blane, S.J.  Opinion by Tabor, P.J.  (10 pages)

            A jury convicted Brett Gilden of willful injury causing bodily injury, going armed with intent, and assault while displaying a dangerous weapon.  The district court denied his application for postconviction relief (PCR).  On appeal, he contends the PCR court should have found that his trial attorney was ineffective by (1) allowing the jury to hear that he served time in jail and (2) not requesting a jury instruction to clarify when justification was an available defense.  He also seeks a retrial based on newly discovered evidence that the stabbing victim partially recanted his trial testimony.  OPINION HOLDS: On the ineffective-assistance-of-counsel claims, Gilden falls short in proving prejudice stemming from his trial attorney’s inaction.  As for his claim of newly discovered evidence, we share the PCR court’s view that the recantation was neither credible nor persuasive.  Thus, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge.  WRIT ANNULLED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (8 pages)

            A criminal defendant petitions for a writ of certiorari surrounding his simple misdemeanor conviction.  OPINION HOLDS: We find that, on the peculiar facts of this record, we need not answer whether the defendant was entitled to a simple-misdemeanor jury trial, and we annul the writ of certiorari because the district judge did not act illegally when adjudicating the simple misdemeanor.

            Appeal from the Iowa District Court for Adair County, Stacy Ritchie, Judge.  CONVICTION AND SENTENCE CONDITIONALLY AFFIRMED, RULING VACATED AND REMANDED.  Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Stephen Johnson Wilson appeals his conviction of disarming a peace officer, arguing the evidence is insufficient and the conviction is contrary to the weight of the evidence.  OPINION HOLDS: Because substantial evidence supports the verdict, we affirm conditionally.  But because the trial court applied the incorrect standard in ruling on his motion for new trial, we reverse and remand for the trial court to consider the motion applying the correct standard.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Jonathan Johnson appeals after pleading guilty to stalking and criminal mischief in the third degree.  He argues the State breached the plea agreement by recommending a harsher sentence than that provided in the agreement.  OPINION HOLDS: Because the plea agreement allowed the State to withdraw upon reasonable cause to believe Johnson violated a court order, and because the State provided proof of such violations, the State did not breach the plea agreement when it recommended a harsher sentence. 

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Heard by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Badding, J.  (14 pages)

            Christopher King appeals the denial of his application for postconviction relief from his convictions for various sex crimes.  King contends the district court erred in rejecting his claims that trial counsel was ineffective for (1) failing to renew a motion for change of venue; (2) failing “to preserve error when his motion[s] to strike problematic jurors were wrongly denied,” and (3) eliciting inadmissible vouching testimony.  OPINION HOLDS: We affirm the denial of King’s application for postconviction relief, concluding he failed to meet his burden to prove ineffective assistance of counsel.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (6 pages)

            Quantrell McDaniel appeals the denial of his application for postconviction relief, arguing the district court erred in denying his claim of ineffective assistance of trial counsel.  OPINION HOLDS: We agree with the district court that McDaniel did not prove his attorneys breached an essential duty and therefore affirm. 

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge. AFFIRMED.  Considered by Bower, C.J., and Greer and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Jeffery Wanninger appeals his convictions for sexual abuse in the second degree and sexual abuse in the third degree, arguing the convictions were not supported by sufficient evidence.  OPINION HOLDS: Because substantial evidence exists to support Wanninger’s convictions, we affirm.

            Appeal from the Iowa District Court for O'Brien County, Don E. Courtney, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A defendant appeals his conviction for second-degree theft for taking a motor vehicle, contending that he did not intend to permanently deprive the owner of the vehicle.  OPINION HOLDS: Because the State did not prove that element beyond a reasonable doubt, we reverse the defendant’s theft conviction and remand for entry of judgment of acquittal. 

            Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  Dissent by Buller, J.  (21 pages)

            Albert Cruz appeals the invalidation of a quitclaim deed from Janice Geerdes because of undue influence and lack of mental capacity to execute the deed.  OPINION HOLDS: Considering the heightened mental capacity required for an inter vivos transfer and the record as a whole—especially Geerdes’s mental state in the months before and after signing the deed—we agree the conservator carried her burden to prove Geerdes lacked the mental capacity to execute the deed.  DISSENT ASSERTS: Based on my review of the record and precedent, I cannot join the majority in finding the district court’s mental-capacity analysis is supported by clear and convincing evidence such that we can invalidate Geerdes’s property rights.  I would instead reverse the district court.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Langholz, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (16 pages)

            The Estate of Sabrina Harris, Willie Harris, and Breanna Harris appeal the district court striking one of their expert witnesses and granting summary judgment and dismissing their claims against Select Specialty Hospital–Quad Cities, Inc., Select Specialty Hospital–Eastern Iowa, Inc., and Select Medical Corporation.  OPINION HOLDS: Finding the Harrises failed to establish a prima facie case of medical negligence, we affirm.

            Appeal from the Iowa District Court for Story County, John R. Flynn, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (10 pages)

            Michael McPeek appeals his convictions for second-degree arson and first-degree criminal mischief.  OPINION HOLDS: Because there is substantial evidence for his convictions, the district court did not abuse its discretion in denying his motion for new trial, and his convictions do not merge, we affirm McPeek’s convictions and sentences.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin and Coleman McAllister, Judges.  APPEAL DISMISSED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (12 pages)

            The State appeals the district court’s order setting aside a forfeiture judgment.  OPINION HOLDS: Because the order setting aside the in rem judgment was a final order, the State’s appeal was untimely.  And since the State filed its appeal after the thirty-day deadline pursuant to Iowa Rule of Appellate Procedure 6.101(1)(b), we lack jurisdiction to hear the case and dismiss the appeal.

            Appeal from the Iowa District Court for Marshall County, Adria Kester, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (4 pages)

            Thrace Young-McDade appeals the district court’s imposition of consecutive sentences, claiming it violated the “terms or spirit” of his plea agreement with the State.  OPINION HOLDS: Because we find Young-McDade received the agreed-upon sentences under his plea agreement, he has not established good cause to appeal.  Therefore, we dismiss the appeal.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (3 pages)

            Jayvon Grubbs appeals the sentence imposed after pleading guilty to the charge of felon in possession of a firearm.  OPINION HOLDS: Because Grubbs fails to show the district court abused its discretion by relying on an improper sentencing factor, we affirm.

            Appeal from the Iowa District Court for Jasper County, Stacy Ritchie, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

            U.S. Bank appeals a district court ruling dismissing its petition with prejudice for lack of subject matter jurisdiction.  OPINION HOLDS: The district court erred in applying Iowa Rule of Civil Procedure 1.943 to an involuntary dismissal and acted without subject matter jurisdiction in determining no signed homestead exception existed.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Chicchelly, J.  Partial Dissent by Ahlers, J. (9 pages)

            Jonathan Laue appeals the sentence and fine imposed by the district court following his guilty plea to driving while barred.  OPINION HOLDS: The district court properly exercised its discretion in sentencing Laue to two years in prison.  Because the written sentencing order incorrectly imposes a fine rather than suspending it as pronounced from the bench, we remand to the district court for issuance of an order nunc pro tunc to correct the clerical error. PARTIAL DISSENT ASSERTS: While I concur with the majority’s determination that the oral pronouncement of judgment controls over the written judgment, I dissent from its decision to remand with direction to issue an order nunc pro tunc to make the written judgment consistent with the oral pronouncement because the oral pronouncement imposed an illegal sentence.  Instead, I would vacate the sentence and remand for resentencing.

            Appeal from the Iowa District Court for Taylor County, Elisabeth Reynoldson, Judge.  WRIT ANNULLED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            John Fraley challenges a restitution order.  He claims the State failed to establish a utility company was entitled to restitution to replace a utility pole that caught fire after Fraley started a fire in a nearby burn barrel and left it unattended.  OPINION HOLDS: The State established causation between Fraley’s conduct and the damage to the utility pole; therefore, the utility company was entitled to restitution to cover the cost of replacing the utility pole.

            Appeal from the Iowa District Court for Kossuth County, Andrew Smith, District Associate Judge.  EXTENSION OF NO-CONTACT ORDER REVERSED; SENTENCE VACATED IN PART AND REMANDED FOR ENTRY OF CORRECTED SENTENCE.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (8 pages)

            A defendant appeals the extension of a no-contact order under Iowa Code section 664A.8 (2022).  OPINION HOLDS: Because we find issue preclusion did not apply to the determination of whether the defendant no longer posed a threat to the protected party, we reverse the district court’s grant of summary judgment to the State and remand for cancellation of the extension order.  But because the original no-contact order contained in the original sentencing order was illegally short, we vacate that part of the sentence and remand for entry of a corrected sentence to include a five-year no-contact order beginning at the time of original sentencing.

            Appeal from the Iowa District Court for Polk County, Jesse Ramirez, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Mason Daniel Hampton appeals his conviction of operating while intoxicated, challenging the district court’s denial of his motion to suppress evidence obtained as a result of a traffic stop.  OPINION HOLDS: Because the officer did not violate Hampton’s federal constitutional rights to be free from unreasonable searches and seizures and we decline to adopt a more stringent interpretation under the Iowa Constitution, we affirm the district court’s denial of his motion to suppress.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Trivansky Swington appeals the fines imposed by the district court after he pled guilty to forgery and theft in the second-degree.  Swington argues he agreed to the statutory minimum fine. OPINION HOLDS: Finding no evidence of an abuse of discretion or clerical error in the sentence, we affirm.

            Appeal from the Iowa District Court for O’Brien County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (11 pages)

            Tyler McDonald appeals from the order that modified the decree dissolving his marriage to Cheri McDonald, which granted her physical care of the parties’ only child together and awarded her partial attorney fees.  OPINION HOLDS: Giving the district court’s factual findings the weight they deserve, we agree that placing the child with Cheri is in the child’s best interests—particularly his interest in being supported to have a relationship with both parents—even considering the general presumption in favor of placing half-siblings together or other concerns.  The district court did not abuse its discretion in awarding Cheri $5000 of her attorney fees.

            Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Stephen Prentice Potter appeals the sentences imposed by the district court, contending the district court abused its discretion by failing to properly weigh opportunities for rehabilitation and the State breached the plea agreement.  OPINION HOLDS: Because we find the district court did not abuse its discretion and the State did not breach the plea agreement, we affirm the sentences.

            Appeal from the Iowa District Court for Guthrie County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Badding, P.J., and Chicchelly and Langholz, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Paul Timothy Wonser appeals the denial of his request to modify physical care of the children he shares with Molly Ruth Gibson.  Paul argues a substantial change in circumstances occurred since the initial determination and it is in the best interests of the children for him to have physical care.  OPINION HOLDS: While Paul has met his burden in establishing that a substantial change in circumstances occurred, we find Molly is better suited to acting as the physical caretaker and that the children’s best interests are served by them being in her care.  We affirm the district court’s denial of Paul’s petition to modify physical care.

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Buller, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to two children, L.S., born in 2019, and V.S., born in 2019.  She contends the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the best interests of the children, and her parental rights should not be terminated due to the closeness of the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Dickinson County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            A father appeals the private termination of his parental rights to his three children.  OPINION HOLDS: The mother proved that the father abandoned the children as defined by Iowa Code section 600A.8(3) (2022) and that termination of his parental rights is in the children’s best interests.

            Appeal from the Iowa District Court for Cass County, Justin R. Wyatt, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Buller, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother appeals the termination of her parental rights.  She contends the State failed to prove the grounds for termination cited by the juvenile court, the Iowa Department of Health and Human Services failed to make reasonable efforts toward reunification, and termination is not in the best interests of the children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A father appeals the termination of his parental rights to three daughters.  He challenges the statutory grounds for termination and argues that termination was not in their best interests.  OPINION HOLDS: The State showed that the children could not be safely returned to their father at the present time.  And termination is in the girls’ best interests.  We affirm. 

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (5 pages)

            The father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because neither delaying permanency for an additional six months nor establishing a guardianship in lieu of termination are in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother and father separately appeal the termination of their respective parental rights.  The father only challenges whether termination is in the child’s best interests and makes reference to his bond with the child.  The mother challenges one of the two grounds the juvenile court found satisfied to authorize termination and whether termination is in the child’s best interests.  OPINION HOLDS: Because the mother only challenged one of the two statutory grounds for termination, she has waived any challenge to the unchallenged ground for termination.  Termination of both parents’ rights is in the child’s best interests.  And to the extent either parent tries to invoke a permissive exception to termination, we find neither parent has met the parent’s burden to warrant application of a permissive exception.