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iowa court of appeals

AFFIRMED. The majority of appeals filed in Iowa are decided by the Court of Appeals. Iowa Judicial Branch Building Their stipulated divorce decree included shared legal custody and joint physical care of their children. _____ Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. The district court did not abuse its discretion with the sentence imposed. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Its purpose is to review appeals from trial court decisions which are referred to the court by the Iowa Supreme Court. We also remand for the court to hold a hearing on Mahnesmith’s ability to pay costs. Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge. _____ Appeal from the Iowa District Court for Story County, Steven P. Van Marel (motion to suppress) and James B. Malloy (sentencing), District Associate Judges. 19-1787 Filed November 30, 2020 IN RE THE MARRIAGE OF ROBERT DEAN WOOD, JR. AND SARAH BETH WOOD Upon the Petition of ROBERT DEAN WOOD, JR., Petitioner-Appellant, And Concerning SARAH BETH WOOD, Respondent-Appellee. On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit. Jeffrey Simmermaker appeals the entry of summary judgment to the Cedar County Attorney in this action in which he alleged violations of his constitutional rights. The Iowa Court of Appeals is Iowa’s intermediate appellate court. (13 pages). Ct. for Scott Cty., 926 N.W.2d 519, 525 (Iowa 2019)). Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. Patricia Knowlton appeals the jury verdict awarding her damages for an AFFIRMED. OPINION HOLDS: Clark does not assert his plea was either involuntarily or unknowingly entered. Judicial Branch Building and Courthouse Tours, State Court Administration Organizational Chart, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, COVID-19 Resources for Children's Justice, Submission of CLE Programs by CLE Sponsors, Complaint Against a Non-Lawyer Who is Practicing Law, Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, Judicial Branch Building Media Interviews. All Rights Reserved. No new ground of law or fact excuses Mahnesmith’s failure to file his claims relating to FECR022424 within the three-year statutory period. Opinion by Bower, C.J. Emily Taylor appeals the decree issued by the district court dissolving her marriage to Ryan Dunkel. In 1999, three additional judges were added, making the Court of Appeals a nine-member court. He also challenges his sentence. Heard by Bower, C.J., and Vaitheswaran and Greer, JJ. 18-1928 Filed November 30, 2020 CALVIN NELSON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. Davis argues (1) there is insufficient evidence to establish his identity as the perpetrator of the killing; (2) the court was wrong to deny his request for a specific jury instruction on reasonable doubt; (3) the court was wrong to prohibit defense counsel from using “hesitate to act” language to describe reasonable doubt during the defense’s closing argument; (4) the court was wrong to urge the jury to reach a verdict after being told it was deadlocked rather than simply telling the jury to reread the jury instructions already given; (5) the court allowed the State to impermissibly shift the burden of proof to Davis; and (6) a nunc pro tunc order is needed to make the court’s written sentencing order conform with its oral statements at sentencing. Considered by Tabor, P.J., Greer, J., and Vogel, S.J. A full term on the court is six years. (23 pages). The district court was right to conclude this action is time-barred. He argues he did not receive a fair trial because of an improper jury pool and alleges there was insufficient evidence he committed a sex act. Some opinions of the Iowa Court of Appeals are published and become precedent for subsequent cases. Circuit Court of Appeals rejected Gregory Stephen’s argument that his 180-year sentence was excessive because he did not kill or physically injure his victims. A mother and father separately appeal the termination of their respective parental rights. Ricky Mahnesmith appeals the summary dismissal of his postconviction-relief application, which sought relief related to his convictions in AGCR0225566 and FECR022424. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. Jeremy L. Merrill of Lubinus & Merrill, PLC, Des Moines, for appellant father. Richard A. Davidson of Lane & Waterman, L.L.P., Davenport, for appellant. Iowa District Courts (8 districts) Federal courts located in Iowa. The Iowa Court of Appeals is an intermediate appellate court. Iowa Court of Appeals. OPINION HOLDS: We determine trial counsel breached an essential duty in failing to raise the intoxication defense, but in other respects was not incompetent and Perry was not prejudiced by counsel’s conduct. For the reasons provided, we affirm Miller’s convictions, and sentences. Rush over the summer questioned whether Iowa Supreme Court justices might have conflicts of interests in hearing his appeal. An obscenity-laced Facebook post calling an apartment building owner a slumlord may have been vulgar and insulting, but it was not libelous, the Iowa Court of Appeals said in a decision handed down Nov. 30. If retained, a judge will serve a six-year term. OPINION HOLDS: Todd’s claim is not sufficiently developed for consideration. _____ Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. Rebecca A. Nelson of Rawlings, Ellwanger, Jacobs, Mohrhauser & Nelson, L.L.P., Sioux City, for appellee. Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge. Iowa Dist. Opinion by Danilson, S.J. 1 4 To ensure that the appellate court can review the sentencing court’s decision and determine whether the court exercised its discretion, the court must state on the record its reasons for imposing a particular sentence. Therefore, his claim on appeal is waived, and we affirm his conviction and sentence. Judges of the Iowa Court of Appeals are appointed by the governor for an initial one-year term from a list of nominees put together by the Iowa Judicial Nominating Commission. Considered by Bower, C.J., and May and Ahlers, JJ. AFFIRMED. P. 2.23(3)(d); State v. A decision of the Iowa Court of Appeals is final unless reviewed by the Iowa Supreme Court on grant of further review. Click a link for information about that court type. Schumacher fills the vacancy created by the retirement of Iowa Court of Appeals Chief Judge Gayle Nelson Vogel of Spirit Lake. 1 2 3 Next. AFFIRMED. Opinion by Vaitheswaran, J. Heard by Bower, C.J., and Vaitheswaran and Greer, JJ. © 2021 Iowa Judicial Branch. 2 In both cases, the appellate courts found no abuse of discretion in the denial of motions to continue. IN THE COURT OF APPEALS OF IOWA No. A sixth judge was added in 1983. AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER. See Iowa R. App. Leutfaimany, 585 N.W.2d 200, 209 (Iowa 1988).2 He emphasizes his several ankle surgeries and the letter from his treating physician presented on the day of trial. Postconviction relief applicant appeals the district court denial of his application finding criminal trial counsel’s failure to raise an intoxication defense was reasonable trial strategy. 1 2 3 Next. Alcor says that cryonics consists of sophisticated procedures that should be started within minutes of legal death. In Iowa, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction.These courts serve different purposes, which are outlined in the sections below. (7 pages). IN THE COURT OF APPEALS OF IOWA No. by Rox Laird | December 3, 2020. The federal district courts in Iowa are: 1. He claims he received ineffective assistance of counsel. Facebook post was rude and insulting but not libelous, Iowa Court of Appeals rules. AFFIRMED. AFFIRMED. An obscenity-laced Facebook post calling an apartment building owner a slumlord may have been vulgar and insulting, but it was not libelous, the Iowa Court of Appeals said in a decision handed down Nov. 30. Cases are browsable by date and searchable by docket number, case title, and full text. Opinion by Gamble, S.J. 1111 East Court Avenue Opinions 1 - 500 of 1170. Circuit Court of Appeals rejected Gregory Stephen’s argument that his 180-year sentence was excessive because he did not kill or physically injure his victims. Considered by Bower, C.J., and May and Ahlers, JJ. The opinions published on Justia State Caselaw are sourced from individual state court sites.These court opinions may not be the official published versions, and you should check your local court rules before citing to them. Considered by Vaitheswaran, P.J., Tabor, J., and Blane, S.J. Green, Martin J. Kenworthy, and E.J. Opinion by Bower, C.J. Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. The court decides the vast majority of appeals filed from trial courts in the state of Iowa, and its decisions are final unless further review is granted by the Iowa Supreme Court. Opinion by Bower, C.J. Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge. FindLaw offers a free RSS feed for this court. Opinion by May, J. The Iowa Court of Appeals affirmed Wednesday a Scott County conviction for Deondra Thomas on one count of murder in the first degree and one count of felon in possession of a firearm. . Appeal from the Iowa District Court for Polk County, Christopher Kemp, District Associate Judge. ... Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018; 19-0283 Filed August 19, 2020 STATE OF IOWA, Plaintiff-Appellee, vs. ALAN JAMES KUUTTILA, Defendant-Appellant. The four seats were up for retention election on November 3, 2020. The mandatory retirement age in Iowa i… IN THE COURT OF APPEALS OF IOWA No. It reviews appeals from trial court decisions that have been transferred to the court of appeals by the supreme court. _____ Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge. The defendant appeals, and the plaintiffs cross-appeal, in a boundary by acquiescence case. Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge. _____ Appeal from the Iowa District Court for Woodbury County, Todd A. Hensley, District Associate Judge. An obscenity-laced Facebook post calling an apartment building owner a slumlord may have been vulgar and insulting, but it was not libelous, the Iowa Court of Appeals said in a decision handed down Nov. 30. It reviews appeals from trial court decisions that have been transferred to the court of appeals by the supreme court. We preserve his ineffective-assistance claim for possible postconviction-relief proceedings. The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. A father appeals a founded assessment of child abuse by mental injury by the Department of Human Services and his placement on the central registry. Special concurrence by Ahlers, J. Iowa Court of Appeals upholds the murder conviction of a Chickasaw County man KCRG Staff 11/6/2020 FDA promises no corners were cut in the quick OK of 1st U.S. COVID-19 vaccine Iowa Court of Appeals Decisions 2020. Opinions 1 - 500 of 1170. In 1976 the legislature established the Iowa Court of Appeals as a five-member intermediate court of appeals. Opinion by Gamble, S.J. RELATED BLOGS P. 6.101(1)(b) (notice of appeal must be … 20-0563 Filed November 30, 2020 RICHARD BAUER, Individually and as Trustee for the KENDALL BAUER TRUST, Plaintiff-Appellant, vs. BRADLEY R. BRINKMAN, Defendant-Appellee. Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. The Court of Appeals panel will rule in the coming months. On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals … The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. In 1976 the legislature established the Iowa Court of Appeals as a five-member intermediate court of appeals. A sixth judge was added in 1983. AFFIRMED. United States Court of Appeals for the Eighth Circuit Lavenski R. Smith, Chief Judge. OPINION HOLDS: We affirm Davis’s conviction for first-degree murder. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. The Court holds its regular sessions in Des Moines in the Iowa Judicial Branch Building located at 1111 East Court Avenue on the state Capitol grounds just south of the Iowa State Capitol The Iowa Supreme Court is the highest court in the U.S. state of Iowa.As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices. Date: December 11, 2002 Docket Number: 02 … Considered by Tabor, P.J., Ahlers, J., and Gamble, S.J. FindLaw offers a free RSS feed for this court. 14-1738 Filed January 13, 2016 PATRICIA ELLEN KNOWLTON, Plaintiff-Appellant, vs. GRINNELL SELECT INSURANCE COMPANY, Defendant-Appellee. United States Court of Appeals for the Eighth Circuit Lavenski R. Smith, Chief Judge. United States Bankruptcy Court - Northern District of Iowa. IN THE COURT OF APPEALS OF IOWA No. IN THE COURT OF APPEALS OF IOWA No. . The Iowa Court of Appeals is composed of nine judges. (13 pages). Tammy M. Westhoff Gentry of Parrish, Kruidenier, Dunn, Boles, Gribble 19-0442 Filed August 19, 2020 STATE OF IOWA, Plaintiff-Appellee, vs. DANIEL ANTHONY HARDEN, Defendant-Appellant. We affirm his conviction. He asserts his counsel was ineffective by failing to exclude a witness’s testimony from the minutes of evidence after the witness did not comply with the deposition subpoena. AFFIRMED. I write separately in an effort to make clear that our ruling should not be viewed as an endorsement of the tie-breaking method used here, which was for the parent with physical care to make a unilateral decision that disregards the other parent’s objection followed by a contempt action to assess the decision in hindsight. The Iowa Court of Appeals affirmed Wednesday a Scott County conviction for Deondra Thomas on one count of murder in the first degree and one count of felon in possession of a firearm. This is a difficult case for Alcor for many reasons. Appeal from the Iowa District Court for Appanoose County, Myron L. Gookin, Judge. To be considered for appointment a person must be an attorney licensed to practice in Iowa. AFFIRMED. (3 pages). In 1999, three additional judges were added, making the Court of Appeals a nine-member court. We will need to wait for an appropriate case when the issue is properly raised and preserved before determining whether the after-the-fact-contempt method is acceptable, or whether some other method should be preferred. The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal judiciary. We also maintain an archive of Opinion Summaries from September 2000 to the Present. (2 pages). The court of appeals proceedings do not involve witnesses, juries, new evidence, or court reporters. A panel of the 8th U.S. A decision of the Iowa Court of Appeals is final unless reviewed by the Iowa Supreme Court on grant of further review. Text Size: Decrease font size; Reset font size ... United States District Court - Southern District of Iowa. by Rox Laird | December 3, 2020. Opinion by Bower, C.J. Judicial Branch Building and Courthouse Tours, State Court Administration Organizational Chart, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, COVID-19 Resources for Children's Justice, Submission of CLE Programs by CLE Sponsors, Complaint Against a Non-Lawyer Who is Practicing Law, Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, Judicial Branch Building Media Interviews. As an appellate court, the Iowa Court of Appeals does not preside over trials. AFFIRMED. Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge. (9 pages) Jeffrey Simmermaker appeals the entry of summary judgment to the Cedar County Attorney in this action in which he alleged violations of his constitutional rights. Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge. Des Moines, IA 50319 We remand to the district court for the limited purpose of entry of a nunc pro tunc order removing the court-cost and attorney-fee obligations from the sentencing order. OPINION HOLDS: Miller failed to provide an adequate basis to challenge whether the jury pool represented a fair cross-section of persons in the community, and substantial evidence established Miller’s commission of sexual abuse in the second degree, so we affirm his conviction. We remand Mahnesmith’s claims that (1) counsel was ineffective for failing to investigate potential defenses in AGCR0225566, (2) counsel was ineffective in failing to condition his plea on the court’s acceptance of the sentencing recommendation, and (3) his sentence was cruel and unusual punishment. IN THE COURT OF APPEALS OF IOWA No. (12 pages). (13 pages). On November 4, 2020, the Iowa Court of Appeals issued an opinion determining whether an assessor properly appraised a feed manufacturing facility’s machinery for property tax purposes. (9 pages). Appeal from the Iowa District Court for Mahaska County, Daniel P. Wilson, Judge. 18-1928 Filed November 30, 2020 CALVIN NELSON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J. The Iowa Court of Appeals is the intermediate-level appellate court of the state of Iowa.Its purpose is to review appeals from trial court decisions which are referred to the court by the Iowa Supreme Court.The court decides the vast majority of appeals filed from trial courts in the state of Iowa, and its decisions are final unless further review is granted by the Iowa Supreme Court. We also maintain an archive of Opinion Summaries from September 2000 to the Present. Opinion by Blane, S.J. Elizabeth A. Rosenbaum, Sioux City, for appellant. The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. IOWA COURT OF APPEALS ORAL SUBMISSION – JANUARY 2021 VIDEOCONFERENCE ARGUMENTS The following arguments can be viewed at the Iowa Court of Appeals YouTube Channel Tuesday, January 12, 2021 – 1:00 p.m. Panel: Vaitheswaran-Doyle-Ahlers 19-0530 Concepcion v. State Christine Branstad and Nathan Olson-appellant Kevin Cmelik and Louis Sloven-appellee Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. Cases are browsable by date and searchable by docket number, case title, and full text. IN THE COURT OF APPEALS OF IOWA No. (7 pages). Ms. Eger and her former husband Michael married in 1997 and had 2 sons. 19-0612 Filed January 9, 2020 IN RE THE MARRIAGE OF TRISHA ROSE WEIER AND NICHOLAS JEFFREY WEIER Upon the Petition of TRISHA ROSE WEIER, n/k/a TRISHA ROSE IVERSEN, Petitioner-Appellee, And Concerning NICHOLAS JEFFREY WEIER, Respondent-Appellant. IOWA CITY, Iowa (AP) — A federal appeals court upheld a life prison sentence Monday for an influential Iowa youth basketball coach who used his position to sexually exploit more than 400 boys over 20 years.. A panel of the 8th U.S. OPINION HOLDS:  We determine Evans’s claims of ineffective assistance of counsel should be preserved for possible postconviction relief proceedings. Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge. The district court declined to hold Benjamin in contempt and Alicia appeals. Gerald Miller appeals his convictions for second-degree sexual abuse and assault with intent to commit sexual abuse causing bodily injury. There are two federal district courtsin Iowa. Iowa Court of Appeals upholds the murder conviction of a Chickasaw County man KCRG Staff 11/6/2020 FDA promises no corners were cut in the quick OK of 1st U.S. COVID-19 vaccine Opinion by Vogel, S.J. Appointments to the court are made by the governor from a list of nominees submitted by the State Judicial Nominating Commission. After this initial term, which lasts for one year and then until December 31 following the next judicial election, the judge faces a yes-no retention election (occurring during the regularly scheduled general election) if he or she wishes to continue serving. iowa courts Supreme Court Court of Appeals District Court Juvenile Court Career Opportunities FY 2021 Budget FY 2022 Budget Access to Justice Commission COVID … Welcome to FindLaw's searchable database of Court of Appeals of Iowa decisions since January 1997. Supreme Court Court of Appeals District Court Juvenile Court Career Opportunities FY 2021 Budget FY 2022 Budget Access to Justice Commission COVID-19 Information and Updates opr Admissions File Your Annual Reports Attorneys About OPR Volunteer for Boards & Commissions Certified Shorthand Reporters Court Interpreters IOLTA Appeal will be heard by Bower, C.J., and a wife cross-appeals certain. State v. a panel of the trial Court decisions that have been transferred to the Court of rules. Christopher Kemp, District iowa court of appeals Judge Miller Appeals his conviction for first-degree murder and sentence Judge will serve six-year... C.J., Vaitheswaran, J., and Blane, S.J intermediate Court of Appeals Chief Judge Gayle Vogel! Within the three-year statutory period not assert his plea was either involuntarily or unknowingly entered costs., PLC, Des Moines, IA 50319 ( 515 ) 348-4700 ( Clerk of Court of Appeals the... 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