Filed Aug 15, 2018
View Opinion No. 17-1840
View Summary for Case No. 17-1840
Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by Bower, J. (10 pages)
Jimmy Lesline appeals the custody, child-support, and division-of-assets determinations of a decree of dissolution. OPINION HOLDS: We affirm the physical care, child support, and economic provisions of the dissolution decree. We deny the requests for appellate attorney fees.
Filed Aug 15, 2018
View Opinion No. 17-1861
View Summary for Case No. 17-1861
Appeal from the Iowa District Court for Sioux County, Robert J. Dull, District Associate Judge. AFFIRMED. Considered by Danilson, C.J., and Mullins and McDonald, JJ. Opinion by McDonald, J. (5 pages)
Cody Logan appeals his conviction for possession of marijuana, second offense. He argues a search warrant was not supported by probable cause. OPINION HOLDS: Viewing the totality of the circumstances, we conclude the warrant was supported by probable cause.
Filed Aug 15, 2018
View Opinion No. 17-1862
View Summary for Case No. 17-1862
Appeal from the Iowa District Court for Woodbury County, Mary J. Sokolovske, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (3 pages)
A father appeals the private termination of his parental rights in his five children. OPINION HOLDS: Termination of the father’s rights is appropriate because he sexually abused three of the children, has had no contact with the children for several years, and is serving a life sentence.
Filed Aug 15, 2018
View Opinion No. 17-1921
View Summary for Case No. 17-1921
Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Mullins, J. (6 pages)
Patrick Sumerall appeals the sentences imposed upon his guilty pleas to conspiracy to commit a forcible felony and carrying weapons, contending the district court considered impermissible sentencing factors. OPINION HOLDS: The sentences imposed by the district court were based on valid and permissible considerations. We affirm.
Filed Aug 15, 2018
View Opinion No. 17-1946
View Summary for Case No. 17-1946
Appeal from the Iowa District Court for Buchanan County, Joel A. Dalrymple, Judge. AFFIRMED. Considered by Danilson, C.J., and Mullins and McDonald, JJ. Opinion by Danilson, C.J. (8 pages)
Brian McConnelee appeals from an order modifying the visitation and tax-dependency provisions of the decree dissolving his marriage to Malinda McConnelee. OPINION HOLDS: Brian’s unresolved substance-abuse issues, denial that his drug use was a problem, unresolved criminal proceedings, and extended unemployment constitute a change of circumstances warranting modification of the visitation schedule. For the same reasons, a substantial change of circumstances has been proved to modify the tax-exemption provisions. The use of the tax exemption is of little to no benefit to Brian as long as he is unemployed. Finding no failure to do equity, we affirm.
Filed Aug 15, 2018
View Opinion No. 17-1972
View Summary for Case No. 17-1972
Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge. AFFIRMED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Vogel, J. (4 pages)
Joseph Tarrence appeals from the decree dissolving his marriage to Shelby Tarrence. He asks us to award physical care of their children to him or award joint physical care and to make a corresponding change in his child support obligation. Both parties request appellate attorney fees. OPINION HOLDS: We find the district court’s factual determinations are supported by the record and affirm the physical care award and child support calculation. We also find Shelby is entitled to partial appellate attorney fees.
Filed Aug 15, 2018
View Opinion No. 17-2107
View Summary for Case No. 17-2107
Appeal from the Iowa District Court for Clinton County, Nancy S. Tabor and Mark R. Lawson, Judges. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Tabor, J., takes no part. Opinion by Bower, J. (6 pages)
Daman Julian appeals his convictions for sponsoring a gathering where a controlled substance was used and two counts of possession of methamphetamine. OPINION HOLDS: We find the court did not abuse its discretion in sentencing Julian because its decision was supported by the evidence. We affirm Julian’s convictions.
Filed Aug 15, 2018
View Opinion No. 18-0011
View Summary for Case No. 18-0011
Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge. AFFIRMED. Considered by Danilson, C.J., and Vogel and Tabor, JJ. Opinion by Vogel, J. (3 pages)
Daniel Rodasky appeals from the district court’s order modifying his and Marsha Rodasky’s dissolution decree. OPINION HOLDS: Because the district court properly declined to retroactively decrease Daniel’s child support order and equitably alternated the dependency deduction, we affirm.
Filed Aug 15, 2018
View Opinion No. 18-0031
View Summary for Case No. 18-0031
Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Vaitheswaran, P.J. (3 pages)
Brandon Cornelison appeals his sentence following his guilty plea to second-degree theft, claiming the district court applied a fixed policy against imposition of deferred judgments. OPINION HOLDS: The court exercised its discretion, and we discern no abuse of discretion in the court’s sentencing decision.
Filed Aug 15, 2018
View Opinion No. 18-0263
View Summary for Case No. 18-0263
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by McDonald, J. (3 pages)
Michael LaJeunesse challenges his restitution plan of payment. He contends the district court erred in failing to make a finding that LaJeunesse had the reasonable ability to pay restitution. OPINION HOLDS: The district court found LaJenunesse had the reasonable ability to pay the payment plan installments.
Filed Aug 15, 2018
View Opinion No. 18-0384
View Summary for Case No. 18-0384
Appeal from the Iowa District Court for Sioux County, Brian L. Michaelson, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (3 pages)
A mother appeals the termination of her parental rights under Iowa Code chapter 600A (2017). OPINION HOLDS: Because the mother abandoned the child by failing to maintain substantial and continuous or repeated contact with the child as defined in section 600A.8(3)(b), we affirm the termination of the mother’s parental rights.
Filed Aug 15, 2018
View Opinion No. 18-0415
View Summary for Case No. 18-0415
Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by Potterfield, P.J. (11 pages)
The mother appeals the termination of her parental rights to her child, I.M., who was born in 2007. The mother maintains there is not clear and convincing evidence to support the termination of her rights pursuant to Iowa Code section 232.116(1)(f) (2017) as I.M. could be returned to her care at the time of the termination hearing. She also contends termination is not in I.M.’s best interests. OPINION HOLDS: Because I.M. could not be returned to his mother’s care at the time of the termination hearing, termination is in his best interests, and no permissive factor weighs against it, we affirm the termination of the mother’s parental rights to I.M.