Des Moines, IA. The Iowa Court of Appeals will hear oral arguments in nine cases Wednesday, April 3, and Thursday, April 4, in the Levitt Auditorium in the Boyd Law Building at the University of Iowa College of Law, 130 Byington Rd, Iowa City, beginning at 9:10 a.m. both days. The hearings are open to the public and the court encourages people to attend.
The court will hear attorneys argue in nine cases:
18-0927 Alberhasky v. Alberhasky, Johnson County, Wednesday, April 3, 9:10 a.m. session
Maxwell (Max) Alberhasky sued his father George (Rod) Alberhasky for breach of fiduciary duties related to 529 College Savings Plan funds for which Max had been the beneficiary until Rod transferred the funds to a 529 account with Max’s brother as beneficiary. Max appeals from the district court order granting Rod’s motion to dismiss, claiming the court erred in allowing the presentation of evidence at the hearing on the motion to dismiss and applied the wrong standard in dismissing the action. The panel of Chief Judge Gayle Nelson Vogel, and Judges Richard Doyle and Mary Tabor will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/18-0927
17-2059 State v. Sanders-Galvez, Des Moines County, Wednesday, April 3, 10:20 a.m. session
Jorge Sanders-Galvez appeals from his conviction for murder in the first degree. Sanders-Galvez argues there is insufficient evidence of kidnapping to support a finding of felony murder, his counsel was ineffective in failing to object on hearsay grounds to the admission of the victim’s statement made to a friend before he was killed, the court abused its discretion in admitting cellphone video, and a lifetime sentence without the possibility of parole is cruel and unusual when applied to those 21 years or younger. The panel of Judges Anuradha Vaitheswaran, Richard Doyle, and Mary Tabor will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/17-2059
18-0481 State v. Seils, Warren County, Wednesday, April 3, 11:20 a.m. session
Timothy Seils appeals from the denial of his motion to suppress evidence from a warrantless search of his garage and vehicle. He contends the district court erred in finding the search was incident to his arrest for operating while intoxicated and in determining implied consent was properly invoked. The panel of Judges Amanda Potterfield, Michael Mullins, and Thomas Bower will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/18-0481
18-0298 In re Marriage of Johanningmeier, Allamakee County, Wednesday, April 3, 11:20 a.m. session
Roxanne Johanningmeier appeals and Travis Johanningmeier cross appeals from the district court’s denial of the petitions to modify the parties’ dissolution decree. Roxanne contends she proved a substantial change of Travis’s income. Travis contends shared care is warranted. The panel of Judges Amanda Potterfield, Michael Mullins, and Thomas Bower will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/18-0298
18-0715 In re Detention of Swanson, Black Hawk County, Wednesday, April 3, 3:30 p.m. session
Robert Swanson appeals from the jury’s finding that he remains subject to confinement as a sexually-violent predator, asserting there is not sufficient evidence that he continues to suffer from a mental abnormality or is likely to commit a sexually-violent offense upon discharge. The panel of Judges Amanda Potterfield, Richard Doyle, and Michael Mullins will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/18-0715
18-0984 Luckstead v. Iowa Department of Transportation, Dubuque County, Wednesday, April 3, 3:30 p.m. session
Jon Luckstead appeals from the district court’s ruling affirming the department’s award of damages for condemnation of portions of Tamarack Business Park for a highway project. Luckstead asserts the district court improperly considered the condemnation commission’s award, erred in concluding loss of access to the highway did not result from a compensable taking, and erred in ruling Luckstead’s uneconomic remnant claim must be brought in a separate action. He also asserts there is not substantial evidence to support the district court’s findings. The panel of Judges Amanda Potterfield, Michael Mullins, and Thomas Bower will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/18-0984
18-1170 Cooper v. City of Reinbeck, Grundy County, Thursday, April 4, 9:10 a.m. session
Scott Cooper appeals from the district court’s grant of summary judgment to the defendants in this action for libel and slander. Cooper contends the court erred in finding the statements made were entitled to qualified or absolute privilege. He also asserts genuine issues of material fact remain for trial. The panel of Chief Judge Gayle Nelson Vogel, and Judges Anuradha Vaitheswaran and Richard Doyle will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/18-1170
18-0981 Sladek v. Employment Appeal Board, Johnson County, Thursday, April 4, 9:10 a.m. session
Teresa Sladek appeals from the denial of unemployment benefits she was seeking when she received no assignments from a temporary employment firm. Sladek asserts the Employment Appeal Board erred in its interpretation of the law related to a voluntary quit from employment. The panel of Chief Judge Gayle Nelson Vogel, and Judges Anuradha Vaitheswaran and Richard Doyle will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/18-0981
18-0254 Gerardy v. Poll, Jackson County, Thursday, April 4, 9:10 a.m. session
Wilma Poll entered into a contract with her son and attorney-in-fact, Kenneth Poll, to sell approximately 41 acres of land for $24,000. The conservator for Wilma filed suit against Kenneth to set aside the sale, asserting Kenneth had engaged in presumptively fraudulent conduct. The conservator appeals from a jury finding in Kenneth’s favor, claiming the district court’s evidentiary rulings require a new trial and there had been no meeting of the minds to establish a contract. The panel of Chief Judge Gayle Nelson Vogel, and Judges Anuradha Vaitheswaran and Richard Doyle will hear the case. Attorneys’ briefs for the case are posted online at https://www.iowacourts.gov/iowa-courts/court-of-appeals/court-of-appeals-court-opinions/case/18-0254
The Iowa Court of Appeals is an intermediate appellate court. It reviews appeals from trial court decisions that have been transferred to the court of appeals by the supreme court. A decision of the Iowa Court of Appeals is final unless reviewed by the Iowa Supreme Court on grant of further review. Some opinions of the Iowa Court of Appeals are published and become precedent for subsequent cases. The majority of appeals filed in Iowa are decided by the Court of Appeals.
As an appellate court, the Iowa Court of Appeals does not preside over trials. The court of appeals proceedings do not involve witnesses, juries, new evidence, or court reporters. Instead, the court reviews the written record of the trial court to determine whether any significant legal errors occurred. For more information about the Iowa Court of Appeals and the Iowa court system, visit the Iowa Judicial Branch website at https://www.iowacourts.gov/.
Note to news media
News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera, audio recording devices, and other electronic devices used during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch website at https://www.iowacourts.gov/newsroom/expanded-news-media-coverage/ .
The Iowa Court Rules regarding cameras and other electronic devices in courtrooms are on the Iowa Legislature website at https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/04-30-2104.25.pdf .
For More Information:
Steve Davis, (515) 348-4967 or [email protected]