2018 Archive | Court of Appeals Court Opinions

           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.

           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.

           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.

            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.

            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.

            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.

            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.

           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. 

            Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED IN PART AND VACATED IN PART.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            The maternal grandmother and guardian of a child, C.P., appeals the termination of the mother’s parental rights and the termination of her guardianship.  OPINION HOLDS: We do not address C.P.’s claims regarding the permanency order.  We affirm the juvenile court’s order terminating the rights of the parents.  We vacate the portion of the termination order addressing C.P.’s guardianship because the juvenile court did not have subject matter jurisdiction to address the issue.

            Appeal from the Iowa District Court for Buena Vista County, Mary L. McCollum Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence establishes the grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(b) (2017) due to her abandonment of the children.  Termination is in the children’s best interests, and we decline the mother’s request for additional time. 

           Appeal from the Iowa District Court for Buena Vista County, Mary L. McCollum Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (7 pages)

            A father appeals from termination of his parental rights to two children.  OPINION HOLDS: On our de novo review of the record, we reach the same conclusion as the juvenile court which said the father’s actions “are the epitome of the word abandonment.”  We further conclude it is in the children’s best interests to terminate the father’s parental rights. 

           Appeal from the Iowa District Court for Pottawattamie County, Gary K. Anderson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (8 pages)

            A mother and father appeal the termination of their parental rights in their child.  OPINION HOLDS: Termination was appropriate under Iowa Code section 232.116(1)(i) (2017) due to life-threatening physical abuse by the father.  Given the father’s refusal to admit to the abuse and the mother’s commitment to remain involved with the father, additional reunification services would not eliminate the need for removal.  Additionally, no permissive factors weigh against termination.