October 2018 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Paul D. Miller, Chad A. Kepros, and Lars G. Anderson, Judges.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J., J.  (5 pages)

            Joshua Mitchell appeals from the denial of his motion to reinstate his second postconviction-relief (PCR) application, asserting PCR counsel was ineffective.  OPINION HOLDS: Because our confidence in the outcome has been undermined by the alleged shortcomings of Mitchell’s PCR counsel, we reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (9 pages)

            A mother, Robyn Brown, appeals from a decree establishing paternity, custody, and support of her child.  OPINION HOLDS: We affirm the establishment of paternity in Layne Irwin.  We modify the district court's award of joint physical care and award physical care to Brown and liberal visitation to Irwin.  We award Brown child support and attorney's fees.  We remand to the district court to calculate child support and determine a visitation schedule.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, James M. Drew, Gregg R. Rosenbladt, and Rustin T. Davenport, Judges.  CONDITIONALLY AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Jason Bendickson appeals from two convictions asserting he is actually innocent despite pleading guilty and, citing the intervening decision in Schmidt v. State, 909 N.W.2d 778, 789 (Iowa 2018), asks the court to remand for the district court to address his claim.  OPINION HOLDS: Because the district court found only that his guilty plea was knowing and voluntary and because Schmidt held defendants can assert a claim of actual innocence that is extrinsic to the plea, we agree a remand is appropriate.  We conditionally affirm Bendickson’s convictions and remand for a hearing on his freestanding claim of actual innocence. 

            Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (7 pages)

            M.B. appeals the district court decision finding him to be seriously mentally impaired.  OPINION HOLDS:  We find there is sufficient evidence in the record to show M.B. lacks sufficient judgment to make responsible decisions with respect to his treatment and is likely, if allowed to remain at liberty, to inflict physical injury on himself or others.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (8 pages)

            A biological father appeals the juvenile court decision terminating his parental rights in a private termination action.  OPINION HOLDS: We conclude the juvenile court properly determined the father abandoned the child.  The biological father only met the child once and had provided no support other than one Christmas present.  We also conclude termination of the father’s parental rights was in the child’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (4 pages)

            Xavier Ashby Logan appeals his conviction for assault causing bodily injury.  OPINION HOLDS: We find the district court did not abuse its discretion in its pronouncement of judgment and sentence.

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (10 pages)

            The mother challenges the continued removal of two of her children from her care following the modification of a dispositional order.  The mother maintains the State (1) failed to prove by substantial evidence that imminent risk, which warranted emergency removal of the children from her care, existed and (2) did not prove a material and substantial change in circumstances warranting a change in disposition.  OPINION HOLDS: Insofar as the mother challenges the emergency removal order, the issue is moot, and we do not consider it.  The mother’s challenge to the change in disposition fails, as the State proved a material and substantial change in circumstances.  The mother does not otherwise challenge the modification of the dispositional order, so we affirm.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (6 pages)

            A mother appeals from the termination of her parental rights.  OPINION HOLDS: Because there is clear and convincing evidence supporting termination under Iowa Code section 232.116(1)(h) (2018) and termination is the child’s best interests, we affirm.

           Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Doyle, J., and Carr, S.J.  Opinion by Carr, S.J. (6 pages)

           A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: As to the mother, we find the statutory grounds for termination are met, the best interests of the children and her parent-child bond do not preclude termination, and she should not receive additional time to pursue reunification.  We also find the father’s parent-child bond does not preclude termination. 

            Appeal from the Iowa District Court for Jefferson County, Williams S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (11 pages)

            A mother appeals the termination of her parental rights to her son, arguing the juvenile court lacked subject matter jurisdiction over the proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act.  OPINION HOLDS: Because we find the Interstate Compact on the Placement of Children required the Iowa juvenile court to retain jurisdiction, and Iowa is not an inconvenient forum, we affirm

            Appeal from the Iowa District Court for Guthrie County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (5 pages)

            A mother appeals the termination of her parental rights to her two minor children.  OPINION HOLDS:  Because there was sufficient evidence to terminate the mother’s parental rights and placement with the mother was not in the best interests of the children, we decline to apply any exception to termination and affirm.

            Appeal from the Iowa District Court for Sioux County, Brian L. Michaelson, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (10 pages)

            A father and a mother separately appeal the termination of their parental rights.  OPINION HOLDS: Clear and convincing evidence supports termination of each parent’s parental rights under Iowa Code section 232.116(1)(h) (2018).  We conclude E.S. cannot be returned to the care of the parents safely because they have not engaged in any meaningful services addressing the risks of physical abuse in the home.  We cannot say the need for removal of the child will no longer exist in six months and, thus, we agree with the juvenile court an extension was not warranted.  The child’s best interests lie in termination of parental rights and permanency with the pre-adoptive foster family.