88 results for 'judge:"Chicchelly"'.
J. Chicchelly finds that defendant was properly convicted of first-degree murder. Defendant contends statements made by three prospective jurors influenced the jury, but he failed to prove he suffered prejudice warranting a mistrial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: August 30, 2023, Case #: 22-1055, Categories: Jury, Murder
J. Chicchelly finds that defendant was properly sentenced based on his guilty plea to incest of a dependent adult, his adopted daughter, because defendant admitted he continuously had sex with her and took her to have two separate abortions after she became pregnant. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: August 30, 2023, Case #: 22-2014, Categories: Sentencing, Sex Offender
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J. Chicchelly finds that a creditor's breach of contract and unjust enrichment claims were improperly dismissed on grounds that the contract was unenforceable because the late-fee provision contained clear language, and the debtors admitted they had not been deceived or compelled into signing it. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: August 9, 2023, Case #: 22-1704, Categories: Contract
J. Chicchelly finds that defendant was properly denied second injury fund benefits after sustaining a knee injury at work because the injury developed as a result of another work injury and thus did not constitute a separate circumstance. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: August 9, 2023, Case #: 22-1747, Categories: Workers' Compensation
J. Chicchelly finds that a wife was properly awarded spousal support in a dissolution of marriage because the wife, a high school dropout, had limited earning capacity, and the husband had been evasive about his earnings. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly , Filed On: July 26, 2023, Case #: 22-1105, Categories: Family Law
J. Chicchelly finds that a protective order for relief from sexual abuse was properly entered against the father. Evidence sufficiently proved the abuse and a therapist’s testimony was correctly limited in order to protect the child’s relationship with the therapist. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 26, 2023, Case #: 22-2035, Categories: Evidence, Sex Offender
J. Chicchelly finds that a mother was properly awarded physical care of the parties' child in a custody dispute because the father had not yet parented the child on his own at the time of the decision. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 26, 2023, Case #: 22-1791, Categories: Family Law
J. Chicchelly finds that economic provisions were properly determined in a dissolution of marriage because the husband did not dissipate marital assets to affect property division and spousal support. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 13, 2023, Case #: 21-1672, Categories: Family Law
J. Chicchelly finds that defendant was properly found liable for shooting his mother to death in a civil wrongful death action because he failed to present evidence of extrinsic fraud in order to reconsider his adverse ruling. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 13, 2023, Case #: 22-0355, Categories: Fraud, Wrongful Death
J. Chicchelly finds that a bank was properly granted summary judgment in claims concerning the failure to pay promissory notes because the borrower failed to identify which term of the lending contract had been breached. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 13, 2023, Case #: 21-0821, Categories: Banking / Lending
J. Chicchelly finds that a farmer was improperly granted immunity for domesticated animal activity when the operator of a feedlot was seriously injured upon helping him get a downed heifer back on its feet because standing up a domesticated animal does not constitute domesticated animal activity. Reversed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: June 21, 2023, Case #: 22-1365, Categories: Immunity, Negligence
J. Chicchelly finds that a farmer was properly granted summary judgment after a vehicle hit his cow because the driver could not prove the farmer breached a duty of care based on the fact that the cow had wandered onto the road. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: June 21, 2023, Case #: 22-1337, Categories: Negligence
J. Chicchelly finds that a parent was improperly denied an application for vaccination determination concerning a dispute with her ex-husband over whether their children should be vaccinated. Since their dissolution did not address the issue, the lower court constitutes the proper venue. Reversed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: June 21, 2023, Case #: 22-0686, Categories: Family Law, Jurisdiction, Covid-19