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Most Recent Court of Appeals Summaries

For summaries from opinions prior to August, 2018, view PDF versions here

Opinion Summaries

Case No. 21-0890:  State of Iowa v. Raymond Duke Birden

Filed Feb 08, 2023

View Opinion No. 21-0890

            Appeal from the Iowa District Court for Black Hawk County, Linda Fangman, Judge.  CONVICTION CONDITIONALLY AFFIRMED, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Bower, C.J., Tabor, J., and Gamble, S.J.  Opinion by Bower, C.J.  (20 pages)

            Raymond Duke Birden appeals his conviction for first-degree murder, asserting the court erred in not submitting to the jury the question of whether DeQundes Glasper was an accomplice whose incriminating testimony requires corroboration.  Birden also contends the trial court erred in denying his motion for new trial based on the weight of the evidence.  OPINION HOLDS: We find no error in the court’s ruling that Birden failed to meet his threshold burden to prove by a preponderance of the evidence Glasper was an accomplice.  We conditionally affirm Birden’s conviction, but we remand for the district court to consider the motion for new trial employing the appropriate standard.

Case No. 21-1002:  State of Iowa v. Brendan Michael Schurman

Filed Feb 08, 2023

View Opinion No. 21-1002

            Appeal from the Iowa District Court for Sioux County, Daniel Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Brendan Schurman appeals from his conviction for domestic abuse assault causing bodily injury, arguing the evidence is insufficient to find he committed assault.  OPINION HOLDS: The testimony and photographs admitted at trial comprise substantial evidence to conclude Schurman had the specific intent to commit assault.

Case No. 21-1018:  Walmart, Inc. v Board of Review

Filed Feb 08, 2023

View Opinion No. 21-1018

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (14 pages)

            The City of Davenport Board of Review (Board) appeals the district court decision finding the appraisal of two Walmart stores and a Sam’s Club were excessive.  The court found the businesses met their burden to present competent evidence to show the appraisals of the properties for property tax purposes were excessive.  The court then determined the Board did not meet its burden to uphold the appraisals.  OPINION HOLDS: We affirm the district court’s decision.

Case No. 21-1062:  State of Iowa v. Brian Joseph Lavenz

Filed Feb 08, 2023

View Opinion No. 21-1062

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber and Andrea J. Dryer, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Brian Lavenz appeals his convictions and sentences for possession of a controlled substance (methamphetamine) with intent to deliver and failure to affix a drug tax stamp.  OPINION HOLDS: I. We affirm the denial of the motion to suppress evidence seized during the search of the vehicle’s backseat and a locked bag in the trunk.  II. Because the court properly exercised its sentencing discretion, we affirm the sentences imposed.

Case No. 21-1338:  State of Iowa v. Darriel Marcell Dean

Filed Feb 08, 2023

View Opinion No. 21-1338

            Appeal from the Iowa District Court for Henry County, John Wright, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J. (16 pages)

                Darriel Dean appeals his convictions for child endangerment resulting in serious injury and child endangerment.  He challenges (1) the district court’s decision that five-year-old K.D. was competent to testify, (2) the sufficiency of the evidence to support each of his convictions, (3) and the district court’s denial of his motion for new trial based on the weight of the evidence.  OPINION HOLDS: The district court did not abuse its discretion in finding the five-year-old witness competent to testify or in denying Dean’s motion for new trial.  And substantial evidence supports both of Dean’s convictions.  So, we affirm.

Case No. 21-1368:  State of Iowa v. Lance William King

Filed Feb 08, 2023

View Opinion No. 21-1368

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Lance King appeals after pleading guilty to possession of a depiction of a minor engaged in a prohibited sex act, in violation of Iowa Code section 728.12(3) (2021).  OPINION HOLDS: King having failed to provide good cause to appeal, we dismiss.

Case No. 21-1398:  Staesha Oui Marie Felton v. Iowa District Court for Polk County

Filed Feb 08, 2023

View Opinion No. 21-1398

            Certiorari to the Iowa District Court for Polk County, Paul D. Scott, Judge.  WRIT ANNULLED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (15 pages)

            On certiorari, Staesha Felton challenges a district court ruling finding her in contempt of a dissolution decree and awarding trial attorney fees to Raymond Wilson.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: Because we find substantial evidence that Staesha willfully violated the decree, we annul the writ of certiorari.  We also reject Staesha’s challenge to the district court’s award of trial attorney fees to Ray, and we deny each party’s request for appellate attorney fees. 

Case No. 21-1535:  State of Iowa v. Wour Nathanial Magang

Filed Feb 08, 2023

View Opinion No. 21-1535

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J. (14 pages)

            Wour Magang appeals his convictions and sentences for second-degree robbery and first-degree burglary.  Magang contends the court wrongly admitted footage from a police officer’s body camera.  He claims his convictions are not supported by sufficient evidence.  He claims the district court utilized the wrong standard when considering his motion for a new trial.  He also claims the court abused its discretion during sentencing.  OPINION HOLDS: We find the court properly admitted the officer’s body camera footage.  Sufficient evidence supports Magang’s convictions.  The district court did not utilize the wrong standard when deciding on Magang’s motion for a new trial.  And the court did not abuse its discretion in sentencing. 

Case No. 21-1594:  State of Iowa v. Dagger Le Erdman

Filed Feb 08, 2023

View Opinion No. 21-1594

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge, and Myron L. Gookin, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  Partial Dissent by Tabor, P.J.  (10 pages)

            Dagger Erdman appeals his conviction for second-degree sexual abuse.  OPINION HOLDS: I. The juvenile court properly exercised its discretion in waiving its jurisdiction over Erdman to allow him to be tried as an adult.  II. Substantial evidence supports Erdman’s conviction.  PARTIAL DISSENT ASSERTS: I agree with the majority’s analysis of the sufficiency of the evidence.  But the State failed to meet its burden to show there were no reasonable prospects for rehabilitation if the juvenile court retained jurisdiction.  So I would reverse the juvenile court’s waiver order.

Case No. 21-1631:  In re Marriage of Bloomquist

Filed Feb 08, 2023

View Opinion No. 21-1631

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED AS MODIFIED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (12 pages)

            Robert Bloomquist appeals from the decree dissolving his marriage to Sue Bloomquist.  He challenges the property division, spousal support award, and denial of his request for trial attorney fees.  Both Robert and Sue seek appellate attorney fees.  OPINION HOLDS: Because the district court did not accurately value Robert’s IRA, we recalculate the property division and increase the equalization payment due to Robert.  We do not disturb the spousal support award or the district court’s determination on attorney fees.  We do not award either party appellate attorney fees.

Case No. 21-1722:  State of Iowa v. Gregg Eugene Winterfeld

Filed Feb 08, 2023

View Opinion No. 21-1722

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Greer, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Greer, P.J.  (15 pages)

            Gregg Winterfeld appeals his conviction for second-degree murder.  He argues the district court wrongly allowed the State to enter voicemails from his phone as evidence and the State provided insufficient evidence to prove Winterfeld was not acting in self-defense.  OPINION HOLDS: The voicemails were not hearsay and the district court did not commit reversible error in admitting them because, even if they were not relevant, the admission was not prejudicial to Winterfeld.  We find sufficient evidence disproved Winterfeld’s self-defense claim. 

Case No. 21-1797:  Thomas Guy Henderson v. State of Iowa

Filed Feb 08, 2023

View Opinion No. 21-1797

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Tommy Henderson appeals the denial of his action for postconviction relief.  He contends his trial counsel was ineffective.  OPINION HOLDS:  Because trial counsel performed competently, we affirm. 

Case No. 21-1827:  State of Iowa v. Nathan Ray Tesch

Filed Feb 08, 2023

View Opinion No. 21-1827

            Appeal from the Iowa District Court for Clay County, Nancy L. Whittenburg, Judge.  CONVICTION AFFIRMED; WRIT ANNULLED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (15 pages)

            Nathan Tesch appeals his conviction for third-degree burglary and the category “B” restitution the district court ordered him to pay.  He challenges the sufficiency of the evidence supporting his conviction, argues the State committed a Brady violation that entitles him to a new trial, and claims the district court abused its discretion when it determined his reasonable ability to pay category “B” restitution.  OPINION HOLDS: Because substantial evidence supports Tesch’s conviction and the State did not commit a Brady violation, we affirm Tesch’s conviction.  We conclude Tesch does not have the right of appeal from the court’s January 31, 2022 restitution order, but we treat his appeal as a petition for writ of certiorari and grant the petition.  After reviewing the merits of his restitution claim, we cannot find the district court abused its discretion, so we annul the writ.

Case No. 21-1830:  In re the Marriage of Sulzner

Filed Feb 08, 2023

View Opinion No. 21-1830

            Appeal from the Iowa District Court for Fayette County, Laura Parrish, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Justin Sulzer appeals the district court’s denial of his application to hold his former spouse, Terri, in contempt for violating the dissolution decree.  OPINION HOLDS: We find no abuse of discretion in the court’s decision and affirm. 

Case No. 21-1839:  State of Iowa v. Darrien Darvin Irving

Filed Feb 08, 2023

View Opinion No. 21-1839

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Darrien Irving appeals his convictions for drug-related offenses and possession of a firearm by prohibited person.  He claims the State offered insufficient evidence for his drug-related convictions.  And he contends the district court should have ordered a competency hearing for him.  OPINION HOLDS: Because the State offered substantial evidence of Irving’s possession and intent to deliver and Irving displayed no indicia of incompetency, we affirm.

Case No. 21-1899:  Mindy Campfield v. Iowa Beef Breeds Council

Filed Feb 08, 2023

View Opinion No. 21-1899

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (5 pages)

            Mindy Campfield appeals a district court ruling granting summary judgment to her former employer on her breach-of-contract claim.  OPINION HOLDS: We affirm the entry of summary judgment, concluding Campfield did not suffer damages from the claimed defective notice of early termination. 

Case No. 21-1931:  State of Iowa v. Steven Alan Vogel

Filed Feb 08, 2023

View Opinion No. 21-1931

            Appeal from the Iowa District Court for Poweshiek County, Shawn R. Showers, Judge.  AFFIRMED.  Heard by Greer, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J. (11 pages)

            Steven Vogel appeals his convictions for murder in the first degree and abuse of a corpse, challenging the sufficiency of the evidence to support the jury’s findings of guilt on both counts.  OPINION HOLDS: We affirm Vogel’s judgment and sentence for murder in the first degree and abuse of a corpse.   

Case No. 21-1971:  Jacobs v. State

Filed Feb 08, 2023

View Opinion No. 21-1971

            Appeal from the Iowa District Court for Louisa County, Wyatt Peterson, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Fantasia Jacobs and her children appeal following the district court’s directed verdict in favor of the defendant in this action alleging gross negligence by Jacobs’s co-employee.  OPINION HOLDS: The plaintiffs failed to establish as a matter of law that the co-employee had knowledge that injury was a probable, as opposed to a possible, result of a workplace danger or that the co-employee consciously failed to avoid the danger.  The district court was correct to grant directed verdict.

Case No. 21-1980:  In re the Marriage of Clark

Filed Feb 08, 2023

View Opinion No. 21-1980

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  APPEAL DISMISSED AND REMANDED WITH INSTRUCTIONS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (4 pages)

            Aaron Clark appeals the property distribution and spousal support found in his marriage dissolution decree from Rochelle Clark.  OPINION HOLDS: Because Aaron filed his notice of appeal while Rochelle had a pending Iowa Rule of Civil Procedure 1.904 motion before the court, we treat this notice of appeal as an application for interlocutory appeal.  Because our review is best served by a resolution to the rule 1.904 motion, we dismiss the appeal and remand to the district court to rule on the motion. 

Case No. 21-1995:  Champion v. Public Employment Relations Board

Filed Feb 08, 2023

View Opinion No. 21-1995

            Appeal from the Iowa District Court for Chickasaw County, Margaret L. Lingreen, Judge.  AFFIRMED.  Heard by Bower, C.J., Schumacher, J., and Danilson, S.J.  Opinion by Bower, C.J.  (16 pages)

            Petitioners appeal the district court’s ruling on judicial review upholding the Public Employment Relations Board’s (PERB) decision on their petition for bargaining unit clarification.  Petitioners claim that the plain language of the unit encompasses law research assistants who serve law professors, entitling them to inclusion in the bargaining unit.  OPINION HOLDS: Because the Petitioners have failed to show PERB’s decision is inconsistent with the agency’s prior practice or precedents and is not unreasonable, arbitrary, capricious, or an abuse of discretion, we affirm the district court’s ruling upholding PERB’s decision. 

Case No. 21-1997:  Desmond Deandre Reeves v. State of Iowa

Filed Feb 08, 2023

View Opinion No. 21-1997

            Appeal from the Iowa District Court for Jackson County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Desmond Reeves appeals the denial of his application for postconviction relief, contending the district court erred in rejecting his ineffective-assistance claims because counsel (1) was distracted by his own pending criminal charges and (2) failed to request “a jury instruction clarifying who the person was taking photos of the jury.”  OPINION HOLDS: We affirm the district court’s denial of Reeves’s application for postconviction relief, finding Reeves failed to meet his burden to prove ineffective assistance.    

Case No. 22-0024:  State of Iowa v. Peter William Triervieler

Filed Feb 08, 2023

View Opinion No. 22-0024

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Ahlers, J., and Gamble, S.J.*  Opinion by Ahlers, J. (5 pages)

            Peter Triervieler appeals from his sentences following his guilty pleas to child endangerment, domestic abuse assault, and operating while intoxicated.  OPINION HOLDS: The district court incorrectly believed it could not suspend the sentences for Triervieler’s two felony convictions, so we conclude the court abused its discretion at sentencing and remand for resentencing before a different judge.

Case No. 22-0032:  Tracie Lynn Turner v. Hy-Vee, Inc., d/b/a Hy-Vee Food Store

Filed Feb 08, 2023

View Opinion No. 22-0032

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (15 pages)

            Tracie Turner appeals the jury verdict finding her 98% liable in her premises liability action.  She challenges pre-trial evidence issues, the district court’s exclusion of impeachment evidence, and the district court’s rejection of jury instructions for evidence spoliation and negligence per se.  OPINION HOLDS: Because we find no abuse in the district court’s discretion on preserved challenges to pre-trial evidence matters, that Turner suffered no prejudice from the exclusion of impeachment evidence, and no legal error in the rejection of the spoliation and negligence per se instructions, we affirm. 

Case No. 22-0043:  Derek Krogman v. Iowa Public Employment Relations Board

Filed Feb 08, 2023

View Opinion No. 22-0043

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (13 pages)

            Derek Krogman appeals the district court’s decision affirming the ruling of the Iowa Public Employment Relations Board (PERB) that there was just cause to terminate Krogman’s employment with the State.  OPINION HOLDS: The district court applied the correct standard of review.  Giving appropriate deference to PERB’s application of the law to the facts, we determine PERB did not act irrationally, illogically, or wholly unjustifiably in finding that the State provided just cause for discharging Krogman.  PERB’s actions were not inconsistent with its prior practices and precedents.  We affirm the decisions of the district court and PERB.

Case No. 22-0052:  Empower Pharmacy v. Iowa Board of Pharmacy

Filed Feb 08, 2023

View Opinion No. 22-0052

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (20 pages)

            Empower Pharmacy appeals the denial of its petition for judicial review that challenged adverse administrative action by the Iowa Board of Pharmacy for a violation of Iowa Administrative Code rule 657-20.12, governing compound preparations that are essentially copies of approved drugs.  Empower argues the district court erred in determining: (1) the rule is not unconstitutionally vague, (2) it was afforded due process in the administrative proceeding, (3) the Board’s decision was supported by substantial evidence, and (4) the sanction levied was appropriate.  OPINION HOLDS: We affirm the district court’s denial of Empower’s petition for judicial review, finding the rule is not unconstitutionally vague, Empower was afforded due process, substantial evidence supports the Board’s decision, and the sanction imposed was not an unreasonable abuse of discretion.

Case No. 22-0055:  State of Iowa v. Chris William Kelly, Jr.

Filed Feb 08, 2023

View Opinion No. 22-0055

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Carr, S.J.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Chris Kelly Jr. appeals the district court’s partial denial of his motion to quash a garnishment.  OPINION HOLDS: We conclude Kelly did not preserve error on his claim that the $400 in funds were exempt from execution.

Case No. 22-0063:  State of Iowa v. Matthew Paul Ford

Filed Feb 08, 2023

View Opinion No. 22-0063

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (11 pages)

            Matthew Ford appeals his criminal convictions claiming the State used its peremptory challenges in an impermissibly discriminatory manner to strike prospective male jurors.  OPINION HOLDS: Because Ford waited until after the jury panel members were dismissed, he has not preserved error on his claim.

Case No. 22-0086:  State of Iowa v. Terry Lamont Stephens

Filed Feb 08, 2023

View Opinion No. 22-0086

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Carr, S.J.  Opinion by Ahlers, J.  (5 pages)

            Terry Stephens challenges his sentences, claiming his right to allocution was violated.  OPINION HOLDS: The court gave Stephens an opportunity to address the court prior to judgment as required by Iowa Rule of Criminal Procedure 2.23(3)(d), and he declined.  Stephens’s right to allocution was not violated.

Case No. 22-0089:  State of Iowa v. Johnny Blahnik Church a/k/a Drew Alan Blahnik

Filed Feb 08, 2023

View Opinion No. 22-0089

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (15 pages)

            Johnny Blahnik Church appeals his convictions for second-degree murder, obstructing prosecution, and defacing a corpse.  He claims the district court errored in giving a verdict-urging instruction to the jury.  OPINION HOLDS: Because of the unique context and circumstances of this case, the district court’s verdict-urging instruction was coercive.  We reverse and remand.

Case No. 22-0130:  State of Iowa v. Quinton Marcellous Mickey

Filed Feb 08, 2023

View Opinion No. 22-0130

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Quinton Mickey appeals the sentences for his convictions of second-degree burglary and domestic abuse assault causing bodily injury, second offense, arguing he “had the expectation that something less than a maximum amount of incarceration would at least be considered.”  OPINION HOLDS: The appeal is dismissed because we lack authority to consider a challenge to a sentence that was an agreed component of the plea bargain.

Case No. 22-0182:  In re Marriage of Dudney

Filed Feb 08, 2023

View Opinion No. 22-0182

            Appeal from the Iowa District Court for Decatur County, Thomas P. Murphy, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Jesse Dudney appeals from physical-care provisions of the decree dissolving his marriage to Erin Dudney.  OPINION HOLDS: We modify the decree to impose a drug-testing obligation on Erin, and we remand with directions for the district court to enter an order establishing her obligation.  We otherwise affirm the decree.

Case No. 22-0244:  State of Iowa v. David Lee Miller

Filed Feb 08, 2023

View Opinion No. 22-0244

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J. (5 pages)

            David Lee Miller appeals his sentences for four drug-related convictions.  He claims the district court did not provide adequate reasoning and abused its discretion.  OPINION HOLDS: Because the district court’s sentencing colloquy gave Miller ample rationale for his sentences, and that rationale was reasonable and tenable, we affirm.

Case No. 22-0259:  Hora v. Hora

Filed Feb 08, 2023

View Opinion No. 22-0259

            Appeal from the Iowa District Court for Washington County, Sean W. McPartland, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Heard by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (28 pages)

            Brothers Brian and Gregg Hora filed this shareholder derivative lawsuit on behalf of Hora Farms, Inc. (HFI), claiming breach of fiduciary duty and fraud, seeking appointment of a custodian for HFI, and requesting removal of the trustee of a shareholder trust.  The plaintiffs appeal the dismissal of their claims.  The defendants cross-appeal, seeking attorney fees.  OPINION HOLDS: The district court erred in its application of the law regarding self-dealing and breach of fiduciary duty.  We find Defendants Keith Hora and Kurt Hora breached their duties, and we remand for further proceedings consistent with this opinion, including a determination of damages and ruling on indemnification.  We also vacate the ruling on appointment of a custodian and removal of the trustees, and we remand for the district court to decide that question in light of this opinion.  Finally, we deny all requests for attorney fees.

Case No. 22-0286:  Castle Gate Homeowners' Association v. K & L Properties, LLC

Filed Feb 08, 2023

View Opinion No. 22-0286

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (12 pages)

            A petitioner-condemnee appeals an adverse grant of summary judgment on its petition for judicial review of eminent domain authority on the basis that its petition was untimely following sufficient notice.  OPINION HOLDS: We conclude the condemnor substantially complied with the notice of assessment required under Iowa Code section 6B.8 (2021).  Because the condemnee’s petition for judicial review was filed more than thirty days after that notice was served, we agree with the district court the petition was untimely under section 6A.24(1). 

Case No. 22-0313:  Charles Allen Richards v. Mary Greeley Medical Center, City of Ames, Iowa, Ames Police Officer Spoon, Ames Police Officer O'Bryan, Lieutenant Dan Walter and City of Ames Police

Filed Feb 08, 2023

View Opinion No. 22-0313

            Appeal from the Iowa District Court for Story County, Amy M. Moore, James A. McGlynn, and John J. Haney, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (2 pages)

            A patient subjected to an emergency hospitalization order appeals the district court’s grant of summary judgment to the medical center and to the police on his claims of false imprisonment and false arrest.  OPINION HOLDS: Without opinion, we affirm.  See Iowa R. App. P. 6.1203(a), (d). 

Case No. 22-0324:  State of Iowa v. Waylon James Brown

Filed Feb 08, 2023

View Opinion No. 22-0324

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Heard by Greer, P.J., Chicchelly, J., and Danilson *S.J.  Opinion by Chicchelly, J. (12 pages)

            Waylon Brown appeals after a jury found him guilty of first-degree robbery and willful injury causing serious injury.  OPINION HOLDS: I. When viewed in the light most favorable to the State, substantial evidence shows Brown committed first-degree robbery.  II. Because one can commit first-degree robbery without causing a serious injury under the alternative charged, the court did not err in refusing to merge his convictions.  III. The trial court did not abuse its discretion in denying Brown’s motions for mistrial because his claims that a nine-day continuance violated his right to a fair trial are merely speculation and conjecture.

Case No. 22-0473:  Lime Lounge, Inc. v. City of Des Moines

Filed Feb 08, 2023

View Opinion No. 22-0473

            Appeal from the Iowa District Court for Polk County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (14 pages)

            Lime Lounge, LLC appeals a district court ruling denying their request for a permanent injunction and dissolving a temporary injunction that restrained the City of Des Moines (Des Moines) from seeking to revoke Lime Lounge’s state liquor license.  Lime Lounge contends the basis for the revocation—Lime Lounge’s failure to maintain their conditional use permit (CUP) as required by Des Moines’s municipal code—is preempted by state law.  Lime Lounge also claims the ordinances violate the equal protection clause of the state and federal constitutions.  Further, they assert the CUP constitutes illegal spot zoning.  OPINION HOLDS: We find the city’s ordinance related to the CUP is not preempted by state law.  Additionally, the ordinance does not violate the equal protection clause, nor does it amount to illegal spot zoning.  We affirm

Case No. 22-0508:  State of Iowa v. Octavius Oscar Davis

Filed Feb 08, 2023

View Opinion No. 22-0508

            Appeal from the Iowa District Court for Clay County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Ahlers, J.  (5 pages)

            Octavius Davis challenges his prison sentences.  OPINION HOLDS: The district court did not abuse its discretion when it weighed proper sentencing factors and sentenced Davis to prison.

Case No. 22-0616:  State of Iowa v. Jack Freeman Purscell

Filed Feb 08, 2023

View Opinion No. 22-0616

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Jack Purscell appeals his sentence for one conviction of lascivious acts with a child.  He claims the district court abused its discretion in not granting probation.  OPINION HOLDS: Because the district court properly exercised its discretion we affirm.

Case No. 22-0624:  State of Iowa v. Bita Amisi

Filed Feb 08, 2023

View Opinion No. 22-0624

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (9 pages)

            Bita Amisi appeals his convictions for operating while intoxicated, third offense, and eluding.  OPINION HOLDS: We conclude the district court did not abuse its discretion by admitting Exhibit 4, a video of Amisi’s interactions with officers that showed a request for a preliminary breath test.  There is substantial evidence in the record to support Amisi’s convictions.  We affirm the convictions.

Case No. 22-0654:  In the Matter of the Estate of Mark D. Levine, Deceased.

Filed Feb 08, 2023

View Opinion No. 22-0654

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Associate Probate Judge.  AFFIRMED.  Heard by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (6 pages)

            Margarita Cervera Levine appeals the probate court’s decision finding it had subject-matter jurisdiction over the Estate of Mark D. Levine.  OPINION HOLDS: The probate court has subject-matter jurisdiction over an estate with real property subject to administration in the county, and we affirm.

Case No. 22-0655:  State of Iowa v. Rhonda Marie Wenmark

Filed Feb 08, 2023

View Opinion No. 22-0655

            Appeal from the Iowa District Court for Clay County, Andrew J. Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (8 pages)

            Rhonda Marie Wemark appeals her conviction of third-degree theft—control over stolen property.  She asserts the evidence is insufficient to sustain her conviction and the district court erred in admitting hearsay and testimony in violation of a limine order.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict and the evidentiary issues were not preserved or were waived.  We affirm.

Case No. 22-0731:  In the Interest of A.T., Minor Child

Filed Feb 08, 2023

View Opinion No. 22-0731

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to a child, challenging the court’s entry of a “default judgment” and arguing it “should be set aside on the ground of excusable neglect.”  OPINION HOLDS: Because there was no default, the district court did not abuse its discretion in denying the father’s motion to set aside the default.  And because the father failed to establish excusable neglect, the district court did not abuse its discretion in denying his motion to set aside the “default judgment.”

Case No. 22-0845:  Waterloo Community School District and United Wisconsin Insurance Company v. Graciela DeMaldonado

Filed Feb 08, 2023

View Opinion No. 22-0845

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg and Heather L. Lauber, Judges.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (9 pages)

            The employer school district appeals the district court’s denial of its petition for judicial review of an agency decision that authorized alternate care for an employee.  The employee cross-appeals arguing the petition for judicial review should have been dismissed as untimely.  OPINION HOLDS: Like the district court, we affirm the denial of the motion to dismiss the petition for judicial review.  We also find the agency properly authorized alternate care.  Thus, we affirm on the appeal and the cross-appeal. 

Case No. 22-0959:  Regional Care Hospital v. Marrs

Filed Feb 08, 2023

View Opinion No. 22-0959

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (7 pages)

            Regional Care Hospital Partners, Inc. and its workers’ compensation insurance carrier, American Zurich Insurance Company (collectively, Regional Care), appeal the denial of their petition for judicial review following the workers’ compensation commissioner finding Marrs was permanently and totally disabled.  Regional Care contends the commissioner’s finding lacks substantial evidence and is irrational, illogical, and wholly unjustifiable.  OPINION HOLDS:  Because the commissioner’s findings are supported by substantial evidence and are not irrational, illogical, or otherwise unjustifiable, we affirm. 

Case No. 22-1217:  In re Marriage of Koscielski

Filed Feb 08, 2023

View Opinion No. 22-1217

            Appeal from the Iowa District Court for Marshall County, James Ellefson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (7 pages)

            Barbara Koscielski appeals the district court’s decision that found her prenuptial agreement with Gerald Koscielski enforceable.  She claims she did not enter into the agreement voluntarily and knowingly.  She also contends the asset disclosure was not adequate.  OPINION HOLDS: We determine the prenuptial agreement is enforceable.  Therefore, we affirm.

Case No. 22-1269:  State of Iowa v. Chrishandia Michael White

Filed Feb 08, 2023

View Opinion No. 22-1269

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (4 pages)

            A defendant appeals her sentence following the entry of a plea of guilty to fraudulent practice in the first degree, in violation of Iowa Code section 714.8 and 714.9 (2020).  OPINION HOLDS: We find no abuse of discretion by the district court in sentencing the defendant.  We determine the district court considered appropriate factors when fashioning the imposed sentence.

Case No. 22-1371:  In the Interest of A.A., Minor Child

Filed Feb 08, 2023

View Opinion No. 22-1371

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            The father of A.A. appeals the juvenile court’s denial of his petition to terminate the parental rights of A.A.’s mother under Iowa Code chapter 600A (2022).  He claims there is clear and convincing evidence of statutory abandonment and termination is in the child’s best interests.  OPINION HOLDS: Finding neither of the asserted statutory grounds satisfied, we affirm the denial of the father’s petition.

Case No. 22-1418:  In the Interest of J.Q. and D.Q., Minor Children

Filed Feb 08, 2023

View Opinion No. 22-1418

            Appeal from the Iowa District Court for Fayette County, Linnea Nicol, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother appeals the termination of her parental right to two children, contending (I) the State failed to prove the ground for termination cited by the district court; (II) the department of health and human services failed to make reasonable reunification efforts; (III) termination was not in the children’s best interests; (IV) the district court should have granted an exception to termination based on the parent-child bond; and (V) the district court should have afforded her additional time to reunify with the children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the two children.

Case No. 22-1499:  In the Matter of the Estate of Mary E. Miller, Deceased.

Filed Feb 08, 2023

View Opinion No. 22-1499

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            The co-executors of a Dubuque County estate appeal the district court’s denial of their request for extraordinary fees.  OPINION HOLDS: The district court abused its discretion when it refused to hold a hearing when confronted with potentially serious errors in its order.  We therefore reverse and remand for a hearing.

Case No. 22-1532:  In the Interest of E.A. and B.A., Minor Children

Filed Feb 08, 2023

View Opinion No. 22-1532

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            T.A. appeals the termination of her parental rights to two children, E.A. and B.A.  She maintains that the ground for termination was not satisfied, reasonable efforts were not provided, and termination is not in the best interests of the children.  OPINION HOLDS: Having concluded E.A. and B.A. cannot be returned to their mother’s care, reasonable efforts were provided, and termination is in their best interests, we affirm termination of their mother’s parental rights.

Case No. 22-1754:  In the Interest of C.W., P.W., and R.W., Minor Children

Filed Feb 08, 2023

View Opinion No. 22-1754

            Appeal from the Iowa District Court for Scott County, Michael E. Motto, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Buller, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to three children, contending (1) the State failed to prove the ground for termination cited by the district court and (2) termination was not in the children’s best interests.  OPINION HOLDS: The district court order terminating the mother’s parental rights to the three children is affirmed.

Case No. 22-1824:  In the Interest of L.P. and M.P., Minor Children

Filed Feb 08, 2023

View Opinion No. 22-1824

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the juvenile court did not have grounds to grant an extension, termination was in the children’s best interests, no exception applies, and reasonable efforts were made.  We affirm.

Case No. 22-1839:  In the Interest of L.S. and C.S., Minor Children

Filed Feb 08, 2023

View Opinion No. 22-1839

            Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A mother contends that the Iowa Department of Health and Human Services has not made reasonable efforts to return her two children.  OPINION HOLDS: We agree with the mother that the department should have acted with more urgency in scheduling visitation with her children early in the case.  But by the time of the disposition hearing, the totality of the department’s efforts for the family met the standard of reasonableness.  So at this point we affirm. 

Case No. 22-1851:  In the Interest of A.S., K.S. and L.S., Minor Children

Filed Feb 08, 2023

View Opinion No. 22-1851

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  Partial Dissent by Vaitheswaran, P.J. (7 pages)

            A mother and father separately appeal a district court order adjudicating their three children in need of assistance.  OPINION HOLDS: We affirm the adjudication of the children as children in need of assistance under Iowa Code section 232.96A(3)(b) and (14) (2022).  PARTIAL DISSENT ASSERTS: I concur in part and dissent in part.  I agree the State proved the children were in need of assistance under Iowa Code section 232.96A(3)(b) (2022).  But on my de novo review of the record, I would conclude the State failed to prove the children were in need of assistance under section 232.96A(14).

Case No. 22-1946:  In the Interest of N.W., Minor Child

Filed Feb 08, 2023

View Opinion No. 22-1946

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

            A mother appeals the termination of her parental rights to her daughter.  OPINION HOLDS: The district court found good cause to circumscribe the guardian ad litem’s statutory duties at the termination hearing.  Because the State proved the statutory grounds for termination, termination is in the child’s best interest, no permissive exceptions apply, and the record does not support a six-month extension, we affirm.

Case No. 22-1948:  In the Interest of C.G., N.G., T.G., P.R. and B.R., Minor Children

Filed Feb 08, 2023

View Opinion No. 22-1948

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            The mother appeals the termination of her parental rights to her five children.  OPINION HOLDS: The State proved the statutory grounds for termination, termination is in the children’s best interests, and the mother failed to prove she has a bond with the children that should preclude termination.

Case No. 22-1965:  In the Interest of K.K., Minor Child

Filed Feb 08, 2023

View Opinion No. 22-1965

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (14 pages)

            A father appeals the termination of his parental rights to his child, K.K., asserting the juvenile court minimized his efforts toward reunification and erred in concluding termination was in the child’s best interests.  He contends the child was removed due to the mother’s behavior—not his, and argues the court should have either returned the child to his care immediately or granted him additional time to achieve reunification.  In addition, the father contends his bond with the child should have been recognized as an exception to termination.  OPINION HOLDS: We conclude there is clear and convincing evidence the child cannot be returned to the father’s care without risk of adjudicatory harm, termination and adoption are in the child’s best interests, and the father did not meet his burden to establish an exception to termination under Iowa Code section 232.116(3) (2022).  We thus affirm.

Case No. 22-1983:  In the Interest of E.P., Minor Child

Filed Feb 08, 2023

View Opinion No. 22-1983

            Appeal from the Iowa District Court for Fremont County, Eric J. Nelson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (11 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We find there is sufficient evidence in the record to terminate the mother’s parental rights, termination is in the child’s best interests, no exceptions to termination should be applied, the mother waived her reasonable efforts claims, and an extension of time is not warranted.  For the father, we find termination of his parental rights is supported by the record, termination is in the child’s best interests, and the court properly denied his request for an extension of time.  We affirm on both appeals.

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