Iowa Cases ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCriminal JusticeEnergyFamily LawHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts LiabilityProfessional MalpracticeReal PropertyTaxationTort Law WAR EAGLE VILLAGE APARTMENTS, Appellee, v. Geneva PLUMMER, Appellant. , Iowa, November 20, 2009 Appeal from the Iowa District Court for Woodbury County, James D. Scott, Judge. A residential tenant requests discretionary review of a district court decision holding that Iowa Code section 562A.29A(2) (2005) does not violate the Due Process Clauses of the United States and Iowa Constitutions, does not violate Iowa's equal protection clause, and does not require that either a tenant or someone else sign the receipt for a forcible entry and detainer petition sent via certified mail. REVERSED.... Mirsad BEGANOVIC and Minka Beganovic, Appellees, v. Joshua MUXFELDT and Lonnie G. Muxfeldt, Appellants. , Iowa, November 20, 2009 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Polk County, Artis I. Reis, Judge. Defendants in a personal injury action appeal from a decision by the district court imposing liability on an owner of a motor vehicle under the owner responsibility law. DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED. Matthew J. Haindfield of Bradshaw, Fowler, Proctor & Fairgrave, P .C., Des Moines, for appellants. Richard O. McConville of Coppola... David BOTSKO, D.M.D., Appellant, v. DAVENPORT CIVIL RIGHTS COMMISSION and Ingelore Nabb, Appellees. , Iowa, November 13, 2009 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Scott County, Bobbi Alpers (final ruling) and Mark J. Smith (rulings regarding the production of public records), Judges. Petitioner appeals agency action finding sexual harassment, alleging a violation of procedural due process and an erroneous award of attorneys' fees. DECISION OF THE COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED IN PART AND REVERSED IN PART. Ric... David BOTSKO, D.M.D., Appellant, v. DAVENPORT CIVIL RIGHTS COMMISSION and Ingelore Nabb, Appellees. , Iowa, November 13, 2009 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Scott County, Bobbi Alpers (final ruling) and Mark J. Smith (rulings regarding the production of public records), Judges. Petitioner appeals agency action finding sexual harassment, alleging a violation of procedural due process and an erroneous award of attorneys' fees. DECISION OF THE COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED IN PART AND REVERSED IN PART. Ric... Roger VAN FOSSEN, Individually, and as Personal Representative of the Estate of Ann Van Fossen, Deceased, Appellant, v. MIDAMERICAN ENERGY COMPANY and Interstate Power and Light Company, Appellees. , Iowa, November 13, 2009 Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge. Plaintiff appeals from a summary judgment ruling dismissing his wrongful death claim. AFFIRMED. Michael P. Jacobs of Rawlings, Nieland, Probasco, Killinger, Elwanger, Jacobs, Mohrhauser, Nelson & Early, L.L.P., Sioux City, and John Herrick and Benjamin D. Cunningham of Motley Rice, Mt. Pleasant, South Carolina, for appellant. William R. Hughes, Jr., of Stuart, Tinley, Peters, Thorn, Hughes, Faust & Madsen,... Charles W. THOMPSON and Karyl J. Thompson, Appellants, v. James F. KACZINSKI and Michelle K. Lockwood, Appellees. , Iowa, November 13, 2009 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Madison County, Darrell J. Goodhue, Judge. Plaintiffs appeal from a summary judgment ruling dismissing their personal injury claims. COURT OF APPEALS DECISION VACATED; DISTRICT COURT JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED. Randy V. Hefner and Matthew J. Hemphill of Hefner & Bergkamp, P.C ., Adel, for appellants. Sharon Soorholtz Greer and Melinda G. Young of Cartwright, Druker & ... CAR WASH CONSULTANTS, INC., Plaintiff-Appellee/Cross-Appellant, v. BELANGER, INC., Defendant-Appellant/Cross-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge. A manufacturer of automated car wash equipment appeals the judgment entered in favor of a distributor of that equipment on a jury verdict. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Robert M. Hogg and Patrick T. Roby of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellant. Peter C. Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellee. Heard by VAITHESWARAN, P.J., MANSFIELD, J., and MILL... STATE of Iowa, Plaintiff-Appellee, v. Aaron Lynn HEIM, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Humboldt County, Thomas J. Bice, Judge. Aaron Heim appeals following his conviction and sentence for domestic abuse assault, third offense. AFFIRMED. Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney General, Jennifer A. Benson, County Attorney, for appellee. Considered by DOYLE, P.J., MANSFIELD, J., and ZIMMER, S.J. ... STATE of Iowa, Plaintiff-Appellee, v. Mark Alan HEMINGWAY, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Polk County, Don C. Nickerson, Judge. Defendant appeals his convictions and sentencing for willful injury, domestic abuse assault with intent to cause serious injury, and assault on a peace officer. AFFIRMED. Jeffrey Mains, Des Moines, for appellant. Thomas J. Miller, Attorney General, Elisabeth Reynoldson, Assistant Attorney General, John P. Sarcone, County Attorney, and Mark Sandon, Assistant County Attorney, for appellee. Considered by VOGE... In the Interest of A.G.M., Minor Child, M.A.N., Father, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Woodbury County, Brian Michaelson, Associate Juvenile Judge. A father appeals from the order terminating his parental rights. AFFIRMED. Francis J. Cleary, Sioux City, for appellant father. Martha McMinn, Sioux City, for mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Patrick Jennings, County Attorney, and David A. Dawson, Assistant County Attorney, for appellee State. Richard Kallsen, Sioux Ci... Albert Charles ELLIOTT, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Clinton County, David H. Sivright, Judge. Albert Elliott appeals from the denial of his application for postconviction relief. AFFIRMED. James Wozniak, Moline, Illinois, for appellant. Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, Mikael L Wolf, County Attorney, and Elizabeth Srp, Assistant County Attorney, for appellee State. Considered by SACKETT, C.J., and EISENHAUER and DOYLE, JJ. DOYLE, J. Albert... STATE of Iowa, Plaintiff-Appellee, v. Justin Allen ROBUCK, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Jasper County, Dale Hagen, Judge. Defendant appeals his conviction for murder in the second degree. AFFIRMED. Maria Ruhtenberg, Des Moines, for appellant. Thomas J. Miller, Attorney General, Kyle Hanson, Assistant Attorney General, Steve Johnson, County Attorney, Michael Jacobsen and Scott Nicholson, Assistant County Attorneys, for appellee. Considered by VOGEL, P.J., and POTTERFIELD, J., and MILLER, S.J. [FN*] FN* Senior judge assigned by or... In the Interest of G.M.F., Minor Child, N.L.J.W., Mother, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge. A mother appeals from the order terminating her parental rights. AFFIRMED. Martha McMinn, Sioux City, for appellant mother. Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Patrick Jennings, County Attorney, and Dewey Sloan, Assistant County Attorney, for appellee State. Amanda Van Wyhe, Sioux City, for minor child. Considered by SACKETT, C.J., and VAITHESWAR... STATE of Iowa, Plaintiff-Appellee, v. Abdoulaye TANGARA, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, Judge (motion to suppress), and Joseph Moothart, District Associate Judge (verdict and sentencing). Abdoulaye Tangara appeals from judgment and sentence imposed upon his conviction of operating while intoxicated, first offense. REVERSED, CONVICTION AND SENTENCE VACATED, AND REMANDED. Matthew T. Lindholm of Gourley, Rehkemper & Lindholm, P.L.C., Des Moines, for appellant. Thomas J. Miller, Attorney General, Jea... Mark Leon KEMP, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Polk County, Richard G. Blane II, Judge. Applicant Mark Leon Kemp appeals from the denial of his application for postconviction relief. AFFIRMED. Angela Y. Gruber-Gardner, Johnston, for appellant. Thomas J. Miller, Attorney General, Jean Pettinger, Assistant Attorney General, John P. Sarcone, County Attorney, and Susan Cox, Assistant County Attorney, for appellee. Considered by SACKETT, C.J., VAITHESWARAN, J., and MILLER, S.J. [FN*] FN* Senio... STATE of Iowa, Plaintiff-Appellee, v. Patricia Ann ATWOOD, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Scott County, Hobart Darbyshire, Judge. Plaintiff appeals from her convictions for arson in the second degree and fraudulent insurance submission. AFFIRMED. Jack E. Dusthimer, Davenport, for appellant. Thomas J. Miller, Attorney General, Thomas S. Tauber, Assistant Attorney General, and Michael J. Walton, County Attorney, for appellee. Considered by SACKETT, C.J., VAITHESWARAN, J., and MILLER, S.J. [FN*] FN* Senior judge assigned by order pur... Michael GUNTHER, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Pottawattamie County, J.C. Irvin, Judge. Michael Gunther appeals the denial of his application for postconviction relief. AFFIRMED. Susan Stockdale, Des Moines, for appellant. Thomas J. Miller, Attorney General, Sharon Hall, Assistant Attorney General, Matthew Wilber, County Attorney, and Margaret Popp Reyes, Assistant County Attorney, for appellee State. Considered by VOGEL, P.J., MANSFIELD, J., and NELSON, S.J. [FN*] FN* Senior judge assigne... In the Interest of S.R.W., Minor Child, R.M.W., Mother, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Johnson County, Stephen Gerard, III, District Associate Judge. A mother appeals from the order terminating of her parental rights. AFFIRMED. Dai Gwilliam of Stein, Moore, Egerton & Weideman, L.L.P., Iowa City, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Bryan Tingle, County Attorney, and Kristin L. Parks, Assistant County Attorney, for appellee. Considered by SACKETT, C.J., VAITHESWA... In the Interest of J.A.D.-F., Minor Child, J.C.D., Father, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Woodbury County, Brian L. Michaelson, Associate Juvenile Judge. A father appeals from the order terminating his parental rights. AFFIRMED. John S. Moeller of O'Brien, Galvin & Moeller, Sioux City, for appellant father. Robert J. Pierson of Furlong & Pierson, Sioux City, for mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Patrick Jennings, County Attorney, and Diane Richardson, Assistant County At... Charles ROSS III, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Polk County, D.J. Stovall, Judge. Charles Ross III appeals the district court decision denying his application for postconviction relief. AFFIRMED. Laura Chipman of Pargulski Law Office, P.C., Des Moines, for appellant. Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, John P. Sarcone, County Attorney, and James P. Ward, Assistant County Attorney, for appellee State. Considered by SACKETT, C.J., and VAITHESWARAN a... STATE of Iowa, Plaintiff-Appellee, v. Alejandro Salazar JARAMILLO, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Black Hawk County, Nathan Callahan, District Associate Judge. Defendant appeals his conviction for domestic abuse assault causing bodily injury. AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephan J. Japuntich, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Jeremy Westendorf, Assistant County Attorney, for ap... In the Interest of T.C., Minor Child, J.D., Mother, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Wayne County, Sherman Phipps, Judge. A mother appeals the termination of her parental rights. REVERSED. Amanda M. Demichelis of Demichelis Law Firm, P.C., Chariton, for appellant mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, and Alan M. Wilson, County Attorney, for appellee State. Patrick Greenwood, Lamoni, for minor child. Considered by VAITHESWARAN, P.J., EISENHAUER and POTTERFIELD, JJ. ... Mark Emerson WILLEY, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Jackson County, Charles H. Pelton, Judge. Mark Willey appeals from the denial of his application for postconviction relief. AFFIRMED. Mark Willey, Anamosa, pro se. Thomas J. Miller, Attorney General, Mary E. Tabor and James E. Kivi, Assistant Attorneys General, and Chris Raker, County Attorney, for appellee State. Considered by POTTERFIELD, P.J., MANSFIELD, J., and MAHAN, S.J. [FN*] FN* Senior judge assigned by order pursuant to Iowa Code sec... In the Interest of A.H. and A.H., Minor Children, H.H. III, Father, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge. A father appeals a juvenile court permanency order of long-term foster care for his children. AFFIRMED. Jesse A. Macro, Jr. of Gaudineer, Comito & George, West Des Moines, for appellant father. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, John P. Sarcone, County Attorney, and Kevin Brownell, Assistant County Attorney, for appellee State. Kimberly Ayotte of ... Darrell Eugene COWAN Jr., Petitioner-Appellant, v. Heather Kay LANCASTER, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Montgomery County, Timothy O'Grady, Judge. In a paternity case, the father appeals the district court's decision regarding the child's surname. AFFIRMED AS MODIFIED AND REMANDED. Joseph Nugent, West Des Moines, for appellant. Heather Lancaster, Red Oak, pro se. Considered by VOGEL, P.J., and DOYLE and MANSFIELD, JJ. MANSFIELD, J. This is a paternity case involving a girl (Kayley) who was born in November 2007. The parties stipulated to ... In the Interest of D.G., III, Minor Child, D.G., Jr., Father, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Polk County, Joe E. Smith, District Associate Judge. A father appeals the termination of his parental rights to his son. AFFIRMED. Alexandra M. Nelissen of Nelissen & Juckette, P.C., Des Moines, for appellant father. Marc Elcock, Des Moines, for mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, County Attorney, and Michelle Chenoweth, Assistant County Attorney, for appellee State... In the Interest of N.G., Minor Child, N.B.N.G., Mother, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Audubon County, Susan Larson, District Associate Judge. A mother appeals the termination of her parental rights to her child. AFFIRMED. Joel Baxter of Beverly Wild Law Office, P.C., Guthrie Center, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, and Francine O'Brien Andersen, County Attorney, for appellee. Robert Nelson, Exira, for father. Karen Mailander of Mailander Law Firm, Anita,... In the Interest of D.P., Minor Child, B.M., Mother, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Polk County, Joe E. Smith, District Associate Judge. A mother appeals the termination of her parental rights to her child, contending (1) the State failed to prove the grounds for termination and (2) termination was not in the child's best interests. AFFIRMED. Alexandra Nelissen of Nelissen & Juckette, P.C., Des Moines, for appellant mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, John P. Sarcone, ... In the Interest of J.J.H., Minor Child, J.E.I., Mother, Appellant, H.G.H., Father, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Appanoose County, William S. Owens, District Associate Judge. A father appeals from the district court's order terminating his parental rights to his son. AFFIRMED. Vicki Ryan, Centerville, for appellant mother. Julie DeVries of DeVries Law Office, P.L.C., Centerville, for appellant father. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, and Richard Scott, County Attorney, for appellee State. Kevin Maugh... In the Interest of K.S., Minor Child, F.R., Mother, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Scott County, Mary Howes, Judge. A mother appeals from the order terminating her parental rights. AFFIRMED. Jack E. Dusthimer, Davenport, for appellant mother. Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Michael J. Walton, County Attorney, and Gerda Lane, Assistant County Attorney, for appellee State. Barbara Wallace, Davenport, for minor child. Considered by SACKETT, C.J., and VAITHESWARAN and DANI... Larry Dean BOHLEN Sr., Petitioner-Appellant, v. Emily Catherine PECK, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Washington County, Michael R. Mullins, Judge. Larry Bohlen appeals from the district court's ruling awarding physical care of his child to Emily Peck and ordering him to pay part of Emily's attorney fees. Emily cross-appeals seeking appellate attorney fees. AFFIRMED. Larry Bohlen, Brighton, appellant pro se. Maurine A. Braddock of Honohan, Eppley, Braddock & Brenneman, Iowa City, for appellee. Considered by EISENHAUER, P.J., POTTERFIELD, J., and ... In re the MARRIAGE OF Lydia O. KETELSEN and Brian J. Ketelsen. Upon the Petition of Lydia O. Ketelsen, n/k/a Lydia O. Wulf, Petitioner- Appellant, and Concerning Brian J. Ketelsen, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Cedar County, C.H. Pelton, Judge. Lydia Wulf appeals the district court's finding that her former husband, Brian Ketelsen, was not in contempt of court. AFFIRMED. Robyn C. Huss of Wm. B. Norton Law Firm, P.C., Ames, for appellant. Brian Ketelsen. Grand Mound, pro se. Considered by SACKETT, C.J., and VAITHESWARAN and DANILSON, JJ. DANILSON, J. The parties' marriage was dissolved by a decree entered on October 24, 2008. Pursuant to the decr... STATE of Iowa, Plaintiff-Appellee, v. Mario A. McCULLUM, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Dubuque County, Lawrence H. Fautsch, Judge. Mario McCullum appeals following conviction and sentence for robbery in the first degree. AFFIRMED. Mark C. Smith, State Appellate Defender, and Shellie Knipfer, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Cristen Douglas, Assistant Attorney General, Ralph Potter, County Attorney, and Brigit Barnes, Assistant County Attorney, for appellee. DANILSON, J. Mario Mc... In the Interest of M.L., Minor Child, D.M.J., Mother, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Cerro Gordo County, Peter B. Newell, District Associate Judge. A mother appeals the termination of her parental rights to her son. AFFIRMED ON CONDITION AND REMANDED. Rodney E. Mulcahy of Eggert, Erb & Mulcahy, P.L.C., Charles City, for appellant mother. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Paul L. Martin, County Attorney, and Shaun Showers, Assistant County Attorney, for appellee State. Mark... STATE of Iowa, Plaintiff-Appellee, v. Xavier Ambric GORDON, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Black Hawk County, Thomas N. Bower, Judge. Xavier Gordon appeals contending his guilty plea lacked a factual basis. SENTENCE VACATED AND REMANDED FOR FURTHER PROCEEDINGS. Mark C. Smith, State Appellate Defender, and Shellie L. Knipfer, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brad Walz, Assistant County Attorney, for appell... STATE of Iowa, Plaintiff-Appellee, v. Douglas J. BOHRN, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer (guilty plea) and Gary E. Wenell (sentencing), Judges. Douglas Bohrn appeals from the judgment and sentence imposed following his guilty plea to two counts of forgery. AFFIRMED. Mark C. Smith, State Appellate Defender, and Thomas J. Gaul, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Patrick Jennings, County Attorney, and James Loomis,... ROBERTSON/STAR BUILDING and Insurance Company of the State of Pennsylvania, Petitioners-Appellants, v. Jesse COOHEY, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge. The petitioners appeal the district court's ruling on their petition for judicial review, which affirmed the workers' compensation commission's award of benefits to the respondent. AFFIRMED. Aaron T. Oliver of Hansen, McClintock & Riley, Des Moines, for appellant. Thomas M. Wertz and Daniel J. Anderson of Wertz & Dake, Cedar Rapids, for appellee. Considered by EISENHAUER, P.J., POTTERFIELD, J., and MAHAN, S.... STATE of Iowa, Plaintiff-Appellee, v. Christopher Otto BROWNLEE, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge. Defendant appeals his sentence following a guilty plea arguing counsel was ineffective. AFFIRMED. Mark C. Smith, State Appellate Defender, and Thomas Gaul, Assistant State Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Allen Best, Legal Intern, and Michael P. Short, County Attorney, for appellee. Considered by VAITHESWARAN, P.J., EISENH... STATE of Iowa, Plaintiff-Appellee, v. DELIA JUDITH HERNANDEZ DUQUE, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Dubuque County, Randal J. Nigg, District Associate Judge. Delia Judith Hernandez Duque appeals her conviction resulting from her guilty plea to theft in the third degree. AFFIRMED. Daniel Vondra, Cole & Vondra, L.L.P., Iowa City, for appellant. Thomas J. Miller, Attorney General, Bridget Chambers, Assistant Attorney General, Ralph Potter, County Attorney, and Brigit Barnes, Assistant County Attorney, for appellee. Considered by VOGEL, P.J., M... STATE of Iowa, Plaintiff-Appellee, v. Christopher Lance MILLER, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge. A defendant appeals his sentence for assault causing bodily injury. SENTENCE AFFIRMED IN PART AND VACATED IN PART. Mark C. Smith, State Appellate Defender, and Thomas Gaul, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant Attorney General, Mike L. Wolf, County Attorney, and Michael Walton, Assistant County Attorney, for a... Stephen C. LEONARD, Plaintiff-Appellant, v. Dana WOLTMAN, Vernon Fick, The City of Cherokee, Iowa, Jaryl Grauer, et al., Defendants-Appellees. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Cherokee County, Frank B. Nelson, Judge. Stephen C. Leonard appeals from the district court order granting the defendants' motions to dismiss. AFFIRMED. Stephen C. Leonard, Anamosa, appellant pro se. G. Daniel Gildemeister of Gildemeister & Keane, L.L.P., Sioux City, for appellees Woltman, Fick, and City of Cherokee. George W. Wittgraf of Sayre, Wittgraff & Meloy, Cherokee, for appellee Grauer. John Wibe, Cherokee, and Mark Cozine, Cherokee,... GLENWOOD PARK, L.C., Jack Gethmann, and Tordsen Farm Management, Inc., Plaintiffs-Appellants, v. CITY OF MARSHALLTOWN, Iowa, Defendant-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Marshall County, William J. Pattinson, Judge. Plaintiffs appeal from an order dismissing their appeal of a condemnation award. AFFIRMED. Kathryn S. Barnhill and Jonathan M. Barnhill of Barnhill & Associates, P.C., West Des Moines, for appellants. David P. McManus of Sole, McManus, Pearson & Willems, P.C., Cedar Rapids, for appellee. Considered by DOYLE, P.J., MANSFIELD, J., and ZIMMER, S.J. [FN*] FN* Senior judge assigned by order pursuant to Iow... STATE of Iowa, Plaintiff-Appellee, v. Kelly Tyrone MARTIN, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. A defendant appeals from his conviction of first-degree theft. AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephan Japuntich, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Martha Trout, Assistant Attorney General, John P. Sarcone, County Attorney, and Justin Allen, Assistant County Attorney, for appellee. Considered by VOGEL, P.J., DOYLE and MANSFIELD, JJ. ... In re the MARRIAGE OF Shannon Michelle SEU and Manh Lhy Seu. Upon the Petition of Shannon Michelle Seu, Petitioner-Appellee, and Concerning Manh Lhy Seu, Respondent-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Warren County, Gary G. Kimes, Judge. Manh Seu appeals from the district court's denial of his application to reduce his child support payments to his former wife, Shannon Seu. AFFIRMED. Donna Beary, Des Moines, for appellant. Roscoe Ries, Des Moines, for appellee. Considered by VOGEL, P.J., and DOYLE and MANSFIELD, JJ. VOGEL, P.J. Manh Seu appeals from the district court's denial of his application to reduce his child support payments to h... James D. LOSEY, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Dubuque County, Bradley J. Harris, Judge. James Losey appeals the district court decision denying his application for postconviction relief. AFFIRMED. Les M. Blair III of Blair & Fitzsimmons, P.C., Dubuque, and Natalia Blaskovich of Reynolds & Kenline, L.L.P., Dubuque, for appellant. James Losey, Anamosa, pro se. Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, and Ralph R. Potter, County Attorney, for appellee State... Michael COLLIER, Plaintiff-Appellant, v. SWEDE, L.L.C., Defendant-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Pottawattamie County, Timothy O'Grady, Judge. Michael Collier appeals the district court's dismissal of his nuisance claim. AFFIRMED. Scott H. Peters and Sarah J. Millsap of Peters Law Firm, P.C., Council Bluffs, for appellant. William R. Hughes, Jr. and Robert M. Livingston of Stuart Tinley Law Firm L.L.P., Council Bluffs, for appellee. Considered by EISENHAUER, P.J., DOYLE, J., and MAHAN, S.J. [FN*] FN* Senior judge assigned by order pursua... STATE of Iowa, Plaintiff-Appellee, v. Brandon Michael McCONNELEE, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Black Hawk County, James D. Coil, Judge. Brandon Michael McConnelee appeals from his conviction for second-offense operating while intoxicated. AFFIRMED. John J. Hines of Dutton, Braun, Staack & Hillman, P.L.C., Waterloo, for appellant. Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brook K. Jacobsen, Assistant County Attorney, for appellee. Considered by EISENHAUER, P.J.,... In The Interest of A.H., Minor Child, T.H., Mother, Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Jones County, Casey D. Jones, District Associate Judge. A mother appeals the termination of her parental rights to her child. AFFIRMED. Jessica L. Wiebrand, Cedar Rapids, for appellant. Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Connie S. Ricklefs, County Attorney, and Phillip W. Parsons, Assistant County Attorney, for appellee. James Moriarty, Cedar Rapids, for father. Troy Powell, Cedar Rapids, ... McKinley M. ROBY, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge. A postconviction relief applicant appeals the district court's decision dismissing his application for postconviction relief, contending that his original trial and appellate counsel were ineffective in failing to challenge the adequacy of his jury trial waivers. AFFIRMED. Scott Michels of Gourley, Rehkemper & Lindhold, P.L.C., Des Moines, for appellant. Thomas J. Miller, Attorney General, Thomas Tauber... Napoleon HARTSFIELD, Applicant-Appellant, v. STATE of Iowa, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge. Napoleon Hartsfield appeals following the district court's denial of his application for postconviction relief. AFFIRMED. Brian Farrell, Cedar Rapids, for appellant. Thomas J. Miller, Attorney General, Thomas W. Andrews, Assistant Attorney General, Michael J. Walton, County Attorney, and Kelly Cunningham, Assistant County Attorney, for appellee State. Considered by SACKETT, C.J., and EISENHAUER and DOYLE, J... Mark E. LYNCH and Janine K. Lynch, Plaintiffs/Counterclaim-Appellees, v. Britt A. LENNON and Christine I. Lennon, Defendants/counterclaimants- Appellants. Britt A. Lennon and Christine I. Lennon, Cross-Petitioners-Appellants, v. Roy F. Pierce a, Iowa App., November 12, 2009 Appeal from the Iowa District Court for Webster County, Ronald H. Schechtman, Judge. Britt and Christine Lennon appeal the district court's ruling finding the Lynches had established a boundary by acquiescence and declining to award damages to the Lennons from the Pierces, who sold them the property. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Ernest Kersten, Fort Dodge, for appellants. Eric Eide, Fort Dodge, for appellees Mark and Janine Lynch. Monty L. Fisher, Fort Dodge, and... CITY OF COUNCIL BLUFFS, Iowa, Petitioner-Appellee, v. Anita HARDER, Respondent-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Pottawattamie County, James M. Richardson, Judge. A property owner appeals the district court decision awarding title of her property to the City of Council Bluffs, contending the court erred in concluding she had abandoned her property. AFFIRMED. Marvin Kieckhafer of Smith Peterson Law Firm, L.L.P., Council Bluffs, for appellant. Don Bauermeister, Assistant City Attorney, Council Bluffs, and John Burns and Joseph Villarreal of Burns Law Firm, Oma... Michael A. WITTE, Plaintiff-Appellee/Cross-Appellant, v. Paige SEIDEL and Carter Seidel, Defendants-Appellants/Cross-Appellees. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge. Paige and Carter Seidel appeal, and Michael Witte cross-appeals, from the district court ruling confirming and quieting title of certain real estate to Witte. REVERSED AND REMANDED. Judith O'Donohoe of Elwood, O'Donohoe, Braun & White, New Hampton, for appellants. John J. Haney of Hinshaw, Danielson, Kloberdanz & Haney, P.C., Marshalltown, for appellee. Heard by EISENHAUER, P.J., POTTERFIELD, J.J., and... Kenna Ryann ROTH, Petitioner-Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE DIVISION, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Washington County, Michael R. Mullins, Judge. Kenna Roth appeals from a district court ruling on judicial review affirming the Iowa Department of Transportation's order revoking her driver's license for one year. AFFIRMED. Eric D. Tindal of Nidey, Peterson, Erdahl & Tindal, Williamsburg, for appellant. Thomas J. Miller, Attorney General, and Mark Hunacek, Assistant Attorneys General, for appellee. Heard by EISENHAUER, P.J., POTTERFIELD, J., an... PENDER STATE BANK, Plaintiff-Appellant/Counterclaim Defendant, v. Harriett A. REMINGTON, Defendant-Appellant/Counterclaim Plaintiff. Harriett A. Remington, Third-Party Plaintiff, v. John Koerselman, Third Party Defendant-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Adair County, William H. Joy, Judge. Harriett Remington appeals the district court's grant of summary judgment to Pender State Bank and John Koerselman on her counterclaims and third-party claims of fraudulent inducement and Iowa securities laws violations in the bank's mortgage foreclosure action against her. AFFIRMED AND REMANDED. Thomas D. Hanson and Jonathan D. Bergman of Hanson, Bjork & Russell, L.L.P., Des Moines, for appellant. Jeffrey N. B... In re The MARRIAGE OF Randall J. PATZNER AND Sara L. CHRISTOPHERSON Upon the Petition of Randall J. Patzner, Petitioner-Appellee, and Concerning Sara L. Christopherson, Respondent-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Clayton County, Richard D. Stochl, Judge. Sara Christopherson appeals the district court's finding that her former husband, Randall Patzner, was not in contempt of court. AFFIRMED AS MODIFIED. Dale L. Putnam, Decorah, for appellant. Randall Patzner, Marquette, pro se. Considered by SACKETT, C.J., DANILSON, J., and MILLER, S.J. [FN*] FN* Senior judge assigned by order pursuant to Iowa Code section 602 .9206 (2009). DANILSON, J. A decree entered... STATE of Iowa, Plaintiff-Appellee, v. Arthur Alan POYNER, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Montgomery County, Timothy O.Grady, Judge. Defendant appeals from a district court ruling denying his request to modify a supplemental restitution order. AFFIRMED. DeShawne L. Bird-Sell of DeShawne L. Bird-Sell, P.L.C., Glenwood, for appellant. Arthur Poyner, Fort Madison, pro se. Thomas J. Miller, Attorney General, Martha E. Trout, Assistant Attorney General, and Bruce E. Swanson, County Attorney, for appellee. Considered by VAITHESWARAN, ... Arthur W. RENANDER and Zara Renander, Plaintiffs-Appellants, v. Gary AAMODT, Defendant-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Johnson County, Fae Hoover- Grinde, Judge. The plaintiffs appeal a district court's dismissal of their fraudulent misrepresentation claim against a defendant, contending that the court incorrectly determined two alleged representations were not actionable. AFFIRMED. Davis Foster of Foster Law Office, Iowa City, for appellant. Thomas Hobart and Peter Gardner of Meardon, Sueppel & Downer, P.L .C., Coralville, for appellee. Heard by VAITHESWARAN,... SENECA WASTE SOLUTIONS, INC., Plaintiff-Appellant, v. SHEAFFER MANUFACTURING COL, LLC, and Sheaffer Pen Corporation, A Division of BIC USA, Inc., Defendants-Appellees. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Lee (North) County, Cynthia Danielson, Judge. Seneca Waste Solutions, Inc. appeals from the district court order granting summary judgment in favor of the defendants on its breach of contract claim. REVERSED AND REMANDED. Brenda. Myers-Maas, West Des Moines, for appellant. Benjamin P. Roach of Nyemaster, Goode, West, Hansell & O'Brien, P .C., Des Moines, for appellees. Heard by EISENHAUER, P.J., POTTERFIELD, J., and MAHAN, S.J. [FN*] FN* Senio... MERCY MEDICAL CENTER, Petitioner-Appellant, v. Renee SIMMONS, Respondent-Appellee. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Linn County, Fae Hoover- Grinde, Judge. An employer appeals a final decision of the workers' compensation commissioner awarding a claimant permanent total disability benefits. AFFIRMED. Robert M. Hogg and David A. Elderkin of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellant. Daniel J. Anderson and Thomas M. Wertz of Wertz & Dake, Cedar Rapids, for appellee. Heard by VAITHESWARAN, P.J., MANSFIELD, J. and MILLER, S.J. [FN*] FN* Senior judg... Jeanette R. SMITH and Cecil J. Smith Revocable Trust, Plaintiffs-Appellees, v. Nile J. SMITH, Defendant-Appellant. , Iowa App., November 12, 2009 Appeal from the Iowa District Court for Calhoun County, Joel E. Swanson, Judge. Defendant appeals the district court's decision granting plaintiffs a permanent injunction and denying his counterclaims. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Joseph E. Halbur, Carroll, for appellant. William D. Kurth of Kurth Law Firm, Lake City, for appellees. Heard by VAITHESWARAN, P.J., MANSFIELD, J., and MILLER, S.J. [FN*] FN* Senior judge assigned by order pursuant to Iowa Code section... STATE of Iowa, Appellee, v. Rasheem Damonte BOGAN, Appellant. , Iowa, November 6, 2009 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Scott County, J. Hobart Darbyshire, Judge. A defendant appeals his conviction for first-degree murder. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED. Brian Farrell, Cedar Rapids, for appellant. Thomas J. Miller, Attorney General, Bridget A. Chambers, Assistant Attorney General, William E. Davis, Scott County Attorney, and Amy Devine, Assistant County Attorney, ... In the Interest of E.L.C., Minor Child, State of Iowa, Appellant. , Iowa, October 30, 2009 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge. Minor child seeks further review of court of appeals' decision reversing juvenile court's denial of the State's motion to waive jurisdiction over the child to permit prosecution as an adult. DECISION OF COURT OF APPEALS VACATED. DISTRICT COURT DECISION AFFIRMED. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, John P. Sarc... Joseph SPREITZER, Appellee, v. HAWKEYE STATE BANK, Appellant. , Iowa, October 30, 2009 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Johnson County, Amanda P. Potterfield, Judge. Further review of a decision by the court of appeals reversing district court judgment on a jury verdict for a claim of fraudulent misrepresentation and affirming the decision of the district court to refuse to submit punitive damages. DECISION OF COURT OF APPEALS VACATED; JUDGMENT OF DISTRICT COURT REVERSED AND CASE REMANDED FOR NEW TRIAL. Patrick M. Roby and ... James KEEFE and Kathy Keefe, Appellees, v. Renald BERNARD and McFarland Clinic, P.C., Appellants. , Iowa, October 30, 2009 Appeal from the Iowa District Court for Story County, Timothy J. Finn, Judge. Interlocutory appeal of order compelling discovery in medical malpractice action. DISTRICT COURT ORDER AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS. Robert C. Rouwenhorst and Susanna Brown of Rouwenhorst & Brown, P .C., West Des Moines, for appellants. Thomas P. Slater of Slater & Norris, P.L.C., West Des Moines, for appellees. STREIT, Justice. In this interlocutory appeal, we deci... Stephen Martin SCOTT, Appellant, v. DUTTON-LAINSON COMPANY, Appellee. , Iowa, October 23, 2009 On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge. Plaintiff challenges district court ruling excluding evidence of subsequent remedial measure under Iowa Rule of Evidence 5.407. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED. Michael S. Jones, Patterson Law Firm, L.L.P., Des Moines, for appellant. J. Campbell Helton, Whitfield & Eddy, P.L.C., Des Moines, for appellee. STREIT, Justice. S... IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Jeffrey Mark JOHNSON, Respondent. , Iowa, October 23, 2009 Holdings: The Supreme Court held that: (1) attorney's conviction by guilty plea to operating a motor vehicle while intoxicated (OWI), third offense, violated professional rules, and (2) attorney's misconduct warranted six-month suspension with reinstatement conditioned upon demonstration of fitness to practice. Suspension ordered. Charles L. Harrington and Wendell J. Harms, Des Moines, for complainant. Jeffrey M. Johnson, Davenport, pro se. PER CURIAM. This matter comes bef... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com