November 2024 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A postconviction applicant appeals the denial of relief, asserting ineffective assistance of trial and appellate counsel, newly discovered evidence, and actual innocence.  OPINION HOLDS: Finding the applicant did not prove counsel was ineffective, the evidence at issue is merely impeaching, and the applicant cannot meet the high evidentiary burden of proof for actual innocence, we affirm. 

            Appeal from the Iowa District Court for Dubuque County, Laura Parrish, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Vogel, S.J.  Opinion by Langholz, J.  Dissent by Vogel, S.J.  (16 pages)

            The Ruth F. Woller Revocable Trust appeals the orders denying its motion for an extension of time to respond to Locher & Davis PLC’s request for admissions and its post-judgment motion to dismiss the petition for lack of service.  OPINION HOLDS: Under our deferential standard of review, we cannot say that the district court abused its discretion in denying the trust’s extension request.  And the court did not err in denying the motion to dismiss filed after the entry of summary judgment—at that point, the case was complete and it was too late to seek dismissal of the suit.  DISSENT ASSERTS: Because the nonlawyer trustee may not represent the trust in this civil action, I would not reach the merits and instead dismiss this unauthorized appeal.

            Appeal from the Iowa District Court for Pottawattamie County, Terry Rickers, Judge.  REVERSED AND REMANDED WITH DIRECTIONS ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (25 pages)

            The State appeals a district court finding of ineffective assistance of counsel.  Postconviction-relief applicant Jason Curtis cross-appeals, asserting the district court incorrectly decided his claims of actual innocence and prosecutorial misconduct.  OPINION HOLDS: We reverse the district court’s ruling on the State’s appeal, finding that Curtis did not meet his burden to prove a breach of duty on the ineffective-assistance claim upon which he was granted relief.  We remand for the district court to consider the remaining ineffective-assistance claims it did not previously address.  We affirm on Curtis’s cross-appeal, finding the court properly rejected his claims of actual innocence and a due process violation based on prosecutorial misconduct.    

    Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Gamble, S.J., takes no part.  Opinion by Tabor, C.J.  (3 pages)

    John Berman, a California resident, appeals the denial of his motion to reopen a civil cause of action alleging extortion and his motion to disqualify the judge who denied that motion.  OPINION HOLDS: On our review, we adopt the district court’s rationale on the issues presented.  Iowa courts lack authority to consider Berman’s extortion claim because none of the alleged conduct occurred in this state.  Berman alleged no new facts in the motion to reopen that would change that reality.  And the record shows no cause for disqualification of the judge.  A full opinion would not augment or clarify existing law.  Thus, we affirm without further opinion under Iowa Court Rule 21.26(1)(d) and (e).
 

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Tabor, C.J., Sandy, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A defendant appeals his convictions for interference with official acts with a weapon, pursuant to Iowa Code section 719.1(1)(f) (2023), and person ineligible to carry a dangerous weapon, pursuant to section 724.8B, arguing the State presented insufficient evidence that he was in possession of a dangerous weapon.  OPINION HOLDS: Finding there was sufficient evidence to convict on both counts, we affirm.

            Appeal from the Iowa District Court for Madison County, Randy Hefner, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Chicchelly, J.J.  Opinion by Schumacher, P.J.  (17 pages)

            Defendants appeal the district court’s award of ownership to the South Central Iowa Landfill Agency by adverse possession.  They challenge the district court’s conclusion that the action to quiet title was not barred by a statute of limitations and the district court’s finding that certain elements of adverse possession were satisfied.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            David Yingling appeals his civil commitment as a sexually violent predator under Iowa Code chapter 229A (2023).  Yingling challenges the sufficiency of the evidence produced by the State to show he “suffers from a mental abnormality” making him “likely to engage in predatory acts constituting sexually violent offenses if he is not confined to a secure facility.”  OPINION HOLDS: We determine sufficient evidence supports the civil commitment and affirm.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Badding, J., and Vogel, S.J. Opinion by Badding, J.  (13 pages)

            Brooke Carter, a former police sergeant, appeals a district court ruling on certiorari affirming the finding by the board of trustees for the Municipal Fire and Police Retirement System of Iowa that she is not entitled to accidental disability benefits for a mental injury.  OPINION HOLDS: The proper standard to review Iowa Code chapter 411 (2022) accidental disability benefits for mental injuries is the legal causation standard outlined in the Cornish-Moon cases until our supreme court holds otherwise.  Under that standard, we find there is substantial evidence to support the board’s decision denying Carter accidental disability benefits.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  WRIT ANNULLED.  Heard by Schumacher, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (13 pages)

            The State appeals the district court’s ruling placing David Stumbo in transitional release from sexually violent predator commitment.  The sole question on appeal is whether, under Iowa Code chapter 229A (2023), the court could hear evidence and recommendations from Stumbo about his placement after it determined he violated his release plan.  OPINION HOLDS: We find the State has not met its burden to prove the district court acted illegally.  The writ is annulled. 

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Carr, S.J.  Buller, J., takes no part.  Opinion by Langholz, J.  (8 pages)

            Cornelius Brown appeals the denial of postconviction relief from his second-degree sexual assault conviction.  He argues that he received ineffective assistance of counsel because his counsel should have subpoenaed documents and interviewed two witnesses to more accurately portray his relationship with the victim.  OPINION HOLDS: Brown has not shown that any overlooked evidence would have moved the needle toward reasonable doubt.  None of the identified documents relate to, let alone contradict, the evidence showing Brown performed a sex act against the victim’s will using force creating a substantial risk of death or serious injury.  Worse, his two witnesses both contradicted his trial testimony, which would have damaged his defense and credibility.  So regardless of whether defense counsel breached an essential duty, Brown has not shown a reasonable probability of a different outcome in his trial.

    Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (6 pages)

    Following the death of her five-year-old son, Ericka Rankins pleaded guilty to six misdemeanor counts of child endangerment and three felony counts of neglect of a dependent person.  For those nine offenses, the district court sentenced her to a prison term not to exceed thirty-two years.  She appeals that sentence, contending that probation was a better option given her history of trauma and mental-health struggles.  OPINION HOLDS: Because the district court did not abuse its discretion in choosing incarceration based on the “separate and serious nature of each of the offenses,” we affirm the sentence.
 

    Appeal from the Iowa District Court for Mahaska County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (6 pages)

    A former husband appeals the decree dissolving his marriage.  He alleges the district court abused its discretion in disallowing relevant evidence, incorrectly waived mediation, relied on false testimony of the former wife, unfairly ordered temporary spousal support, and abused its discretion during trial.  OPINION HOLDS: While we are unable to reach several of these claims due to lack of error preservation or waiver, we address those we can and find no grounds to reverse or modify the district court’s decree.  We affirm.  
 

            Appeal from the Iowa District Court for Dickinson County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (8 pages)

            WOHLOA, Inc. appeals after the district court granted summary judgment in favor of Anchor Bay II Owner’s Association.  OPINION HOLDS: Because we find summary judgment was proper on one issue and WOHLOA failed to preserve error on another, we affirm.

            Appeal from the Iowa District Court for Floyd County, Blake H. Norman and DeDra Schroeder, Judges.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (8 pages)

Randy Nibaur appeals his conviction for sexual abuse in the third degree in violation of Iowa Code section 709.4(1)(b)(2)(d) (2021).  On appeal, he argues his conviction should be reversed because (1) there exists no factual basis for his guilty plea; and (2) he did not knowingly plead guilty.  Additionally, he argues the district court abused its discretion by sentencing him to a prison term.  OPINION HOLDS: Because we do not have authority to reach the merits of Nibaur’s challenges to his guilty plea, we affirm his conviction.  Additionally, we find no abuse of discretion in the district court’s sentencing decision. 

    Appeal from the Iowa District Court for Dallas County, David Faith, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Heard by Tabor, C.J., Sandy, J., and Bower, S.J.  Opinion by Bower, S.J.  (22 pages)

    In this consolidated appeal, Nedzad and Aisa Malic challenge the district court’s orders granting judgment in favor of homeowners Senahid and Hajreta Becirovic on the Becirovics’ claims of breach of oral contract and violation of the consumer protection code and awarding attorney fees and costs.  OPINION HOLDS: Upon our review, we affirm in part, reverse in part, and remand with instructions. 
 

    Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (11 pages)

    Chad Ragan appeals the custody order awarding primary physical care of his seven-year-old son, T.R., to the child’s mother.  He argues that the district court erred in not awarding joint physical care.  As a fallback position, he contends that his visitation should be increased.  OPINION HOLDS: In our de novo review, we agree with the district court’s assessment that it is in T.R.’s best interests to have a more predictable schedule than he has navigated under his parents’ shared-care arrangement.  But because the parents agree that T.R. would benefit from more time with his father, we modify the custody order to expand Ragan’s parenting time.  
 

            Appeal from the Iowa District Court for Johnson County, Andrew Chappell, Judge.  SENTENCE VACATED IN PART AND REMANDED FOR ENTRY OF CORRECTED SENTENCE.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J. (6 pages)

            A defendant appeals the surcharge and fine imposed on his conviction for lascivious acts with a child.  OPINION HOLDS: We find that the $90 surcharge is an illegal sentence in violation of the ex post facto clauses of the federal and state constitutions and remand for entry of a corrected sentence.  The $1025 fine imposed is within the statutory limits of the statute in effect at the commission of the crime, therefore the district court did not abuse its discretion. 

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (8 pages)

            A father appeals termination of his parental rights to three children.  OPINIONS HOLDS: Under controlling case law, we have appellate jurisdiction over the untimely petition on appeal.  We find sufficient evidence supporting the statutory elements of a ground for termination and the other claims sprinkled in the father’s petition are waived.  We affirm.

    Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (13 pages)

    A mother appeals the termination of her parental rights to her two-year-old son.  She contends the juvenile court erred in finding that the State proved the statutory grounds for termination, termination is in the child’s best interests, a statutory exception does not apply, an extension is unwarranted, and the State made reasonable efforts to reunite them.  OPINION HOLDS: On our de novo review of the record, we find that despite substantial progress and demonstrated sobriety, the mother continues to display poor judgment when it comes to the company she keeps.  She also continues to mislead service providers and the court about her contact with people who pose a risk of domestic violence and drug use.  So despite two and half years of services, the mother is unable to care for her son safely.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (9 pages)

            A mother appeals the termination of her parental rights with respect to her daughter, pursuant to Iowa Code section 232.116(1)(e), (h), and (l) (2024).  She argues (1) there was not clear and convincing evidence supporting the grounds for termination, (2) the court improperly declined to apply an exception to avoid termination, and (3) she should have been granted additional time to work towards reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

    Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (9 pages)

    A mother appeals the termination of her parental rights to her son, arguing statutory grounds, best interests, and reasonable efforts claims.  She also asks for an extension.  OPINION HOLDS: After reviewing these four claims, we find no basis for relief.  Instead, clear and convincing evidence shows that the grip of the mother’s methamphetamine addiction prevents safe parenting.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: On our de novo review, we conclude termination of the mother’s parental rights is in the children’s best interests and an extension of time on these facts is unwarranted.  And we decline to apply either of the permissive exceptions urged by the mother to preclude termination.

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            A mother appeals the termination of parental rights of her two sons.  OPINION HOLDS: The mother challenges only one of the four independent statutory grounds for termination relied on by the juvenile court, so we could not reverse on that basis and do not reach the merits of her argument.  Her challenge to the juvenile court’s best-interests determination fails on the merits.  The mother’s failure to follow through on substance-use training, the need for permanency in the sons’ life, and the positive environment of the sons’ foster care home all show that termination is in the best interests of the sons.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to their children, born in 2020 and 2022.  Both contend the State failed to prove the grounds for termination cited by the district court, termination is not in the children’s best interests due to the bonds they share with the children, and the State did not engage in reasonable efforts to reunite them with the children.  The father also requests additional time to work toward reunification.  OPINION HOLDS: Upon our review, we affirm both appeals. 

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            A mother appeals the termination of her parental rights to her two daughters.  OPINION HOLDS: The State proved by clear and convincing evidence the girls could not be returned to the mother’s custody at the time of the termination hearing.  Indeed, in nearly a year and a half, the mother never completed substance-use treatment and tested positive for methamphetamine a month before the hearing.  And her neglect and substance use has caused difficulties for the girls—requiring reliable care and support that the mother is unable to provide.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  She implicitly challenges one of the two statutory grounds for termination, argues termination is not in the child’s best interests, and requests additional time to work toward reunification.  OPINION HOLDS: As the mother does not challenge one of the statutory grounds for termination, her challenge under that ground is waived.  Termination is in the child’s best interests.  We do not grant the mother any additional time to work toward reunification. 

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

                J.W. appeals the termination of his parental rights to K.J., contending a six‑month extension should have been granted.  OPINION HOLDS: Because the need for removal will still exist after six months, we decline to grant an extension and affirm termination of J.W.’s parental rights to K.J.