Opinion by Blane, S.J. 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 Scott Sweatt appeals the district court’s entry of judgment contending: (1) there was insufficient evidence to support the conviction; (2) the district court’s verdict was against the weight of the evidence; and (3) trial counsel rendered ineffective assistance of counsel. As an appellate court, the Iowa Court of Appeals does not preside over trials. United States District Court - Northern District of Iowa. Schumacher fills the vacancy created by the retirement of Iowa Court of Appeals Chief Judge Gayle Nelson Vogel of Spirit Lake. AFFIRMED. 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 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. Federal district courts Some opinions of the Iowa Court of Appeals are published and become precedent for subsequent cases. United States Court of Appeals for the Eighth Circuit Lavenski R. Smith, Chief Judge. Opinion by Bower, C.J. Appeal from the Iowa District Court for Plymouth County, James D. Scott, Judge. AFFIRMED. Welcome to FindLaw's searchable database of Court of Appeals of Iowa decisions since January 1997. Considered by Bower, C.J., and May and Ahlers, JJ. Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge. 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. A county board of adjustment appeals a district court decision reversing and remanding its grant of a conditional use permit for want of written findings. OPINION HOLDS: We affirm the district court ruling finding the Jorgensen Trust to be the owner of the disputed area and dismissing Black’s trespass and damages claims. After oral arguments, this court sua sponte requested additional briefing on whether the rule 1.904(2) motion filed by SPD was a proper motion and tolled the deadline for filing the notice of appeal. 19-0442 Filed August 19, 2020 STATE OF IOWA, Plaintiff-Appellee, vs. DANIEL ANTHONY HARDEN, Defendant-Appellant. Iowa Court of Appeals. _____ Appeal from the Iowa District Court for Story County, Steven P. Van Marel (motion to suppress) and James B. Malloy (sentencing), District Associate Judges. All Rights Reserved. In 1999, three additional judges were added, making the Court of Appeals a nine-member court. Flynn of Duncan, Green, Cases are browsable by date and searchable by docket number, case title, and full text. 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. A mother and father separately appeal the termination of their respective parental rights. IN THE COURT OF APPEALS OF IOWA No. United States District Court for the Northern District of Iowa 2. Heard by Bower, C.J., and Vaitheswaran and Greer, JJ. 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. A panel of the 8th U.S. United States District Court for the Southern District of Iowa Appeals from these districts go to the 8th Circuit. Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge. Green, Martin J. Kenworthy, and E.J. . AFFIRMED. Iowa District Courts (8 districts) Federal courts located in Iowa. First and foremost, the case is liable to cause public misunderstanding about what cryonics is. 1111 East Court Avenue A full term on the court is six years. Considered by Tabor, P.J., Greer, J., and Vogel, S.J. 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 … United States District Court for the Northern District of Iowa; United States District Court for the Southern District of Iowa; Former federal courts of Iowa. © 2021 Iowa Judicial Branch. Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge. 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. Elizabeth A. Rosenbaum, Sioux City, for appellant. 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. A husband appeals, and a wife cross-appeals, certain economic provisions of the parties’ dissolution decree. Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. Considered by Bower, C.J., and May and Ahlers, JJ. Special concurrence by Ahlers, J. The Iowa Court of Appeals is the intermediate-level appellate court of the state of Iowa. Rush over the summer questioned whether Iowa Supreme Court justices might have conflicts of interests in hearing his appeal. The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. Patricia Knowlton appeals the jury verdict awarding her damages for an law that could not have been raised within” Jandreau’s three-year limitation period. 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. Opinion by Greer, J. (3 pages). United States Court of Appeals for the Eighth Circuit Lavenski R. Smith, Chief Judge. Considered by Bower, C.J., and Vaitheswaran and Greer, JJ. IN THE COURT OF APPEALS OF IOWA No. Hugh J. Cain, Brent L. Hinders, and Eric M. Updegraff of Hopkins & 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. OPINION HOLDS: Finding no abuse of discretion, we affirm. Iowa Court of Appeals: | The |Iowa Court of Appeals| is the intermediate-level |appellate court| of the state of |... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. Alicia Rigdon brought a contempt action against her former spouse, Benjamin Rigdon. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Greer, J. 1 2 3 Next. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge. He claims he received ineffective assistance of counsel. Ethan Davis appeals from his conviction and sentence for murder in the first degree. Considered by Bower, C.J., May, J., and Danilson, S.J. OPINION HOLDS:  We affirm. (7 pages). We also maintain an archive of Opinion Summaries from September 2000 to the Present. by Rox Laird | December 3, 2020. Considered by Vaitheswaran, P.J., Tabor, J., and Blane, S.J. Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge. Click a link for information about that court type. 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. Alcor says that cryonics consists of sophisticated procedures that should be started within minutes of legal death. Opinion by Vaitheswaran, J. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. Court of Appeals of Iowa Cases. 1 2 3 Next. Opinions 1 - 500 of 1170. AFFIRMED. Emily Taylor appeals the decree issued by the district court dissolving her marriage to Ryan Dunkel. by Rox Laird | December 3, 2020. 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. See Iowa R. App. Facebook post was rude and insulting but not libelous, Iowa Court of Appeals rules. 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 _____ Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. Michael E. Gans, Clerk of Court. Opinion by Danilson, S.J. 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. Opinion by Bower, C.J. The Iowa Court of Appeals is the intermediate appellate court for the State of Iowa. Iowa Judicial Branch Building 596 N.W.2d 67, 70 (Iowa 1999) (quoting Central Bearings Co. v. Wolverine Ins. 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. To be considered for appointment a person must be an attorney licensed to practice in Iowa. OPINION HOLDS: For purposes of Iowa Code section 822.3 (2018), the principles recognized in State v. Jonas, 904 N.W.2d 566 (Iowa 2017), were not “ground[s] of . (515) 348-4700 (Clerk of Court). (12 pages). These courts may hear appeals from state courts and are also the point of origination for federal cases and lawsuits. Jeremy L. Merrill of Lubinus & Merrill, PLC, Des Moines, for appellant father. Considered by Tabor, P.J., Ahlers, J., and Gamble, S.J. Cases are browsable by date and searchable by docket number, case title, and full text. It is composed of nine judges and decides appeals from district courts across Iowa. All Rights Reserved. Instead, the court reviews the written record of the trial court to determine whether any significant legal errors occurred. This is a difficult case for Alcor for many reasons. Stephen, 45, worked with Iowa’s most promising youth players as a coach of the Iowa Barnstormers, which was sponsored by Adidas and competed nationally. 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. Its purpose is to review appeals from trial court decisions which are referred to the court by the Iowa Supreme Court. Appeal from the Iowa District Court for Lucas County, Michael Jacobsen, Judge. 18-1928 Filed November 30, 2020 CALVIN NELSON, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. opr. 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. 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 HOLDS: We affirm Davis’s conviction for first-degree murder. P. 6.101(1)(b) (notice of appeal must be … Opinion by Bower, C.J. 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. _____ Appeal from the Iowa District Court for Dallas County, Michael K. Jacobsen, Judge. 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