January 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (7 pages)

            Jasiah Finck appeals the district court’s denial of his motion for a new trial on weight-of-the-evidence grounds following a jury verdict finding him guilty of violating a custodial order.  OPINION HOLDS: Finding no abuse of discretion, we affirm the district court’s denial of Finck’s motion for a new trial.

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, C.J.  (3 pages)

            D.E. seeks judicial review of a decision of the Iowa Department of Human Services finding he committed child abuse and placing him on the central registry.  OPINION HOLDS: We agree with the thorough and well-reasoned opinion of the district court.  We affirm without further opinion.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt (plea) and Monica Zrinyi Wittig (sentencing), Judges.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (7 pages)

            Ricky Carter appeals his convictions, following guilty pleas, of a number of controlled-substance violations and the sentences imposed.  He claims his counsel rendered ineffective assistance in relation to his guilty pleas and the court imposed an illegal sentence.  OPINION HOLDS: We find the record inadequate to consider Carter’s ineffective assistance claim on direct appeal.  We reject Carter’s claim that the court imposed an illegal sentence.  We therefore affirm Carter’s conviction and sentence but preserve his claim of ineffective assistance of counsel for possible postconviction-relief proceedings. 

            Appeal from the Iowa District Court for Polk County, Carol L. Coppola, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            David Shelledy appeals his sentence for operating while intoxicated, third offense, claiming the court should have continued his sentencing hearing and the court erred by imposing a harsher sentence than recommended in his presentence investigation report.  OPINION HOLDS: We find the court acted within its discretion in denying the motion to continue sentencing and imposing sentence.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (9 pages)

            A mother and a father separately appeal from the termination of their parental rights.  OPINION HOLDS: Because grounds for termination exist and termination of the parents’ parental rights is in the children’s best interests, we affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (4 pages)

            A mother and father separately appeal the termination of their parental rights to three children.  The mother and father challenge the existence of grounds for termination.  The father also asserts the juvenile court erred in determining termination is in the children’s best interests.  OPINION HOLDS: Because the children are under three years of age, have been adjudicated children in need of assistance, have been out of the parents’ custody for at least six consecutive months, and cannot be returned to the parents at present, termination of parental rights is appropriate pursuant to Iowa Code section 232.116(1)(h) (2018).  Permanency for these children is in their best interests.  No factor listed in section 232.116(3) mitigates against termination.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, District Associate Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (5 pages)

            A mother appeals the district court’s decision denying her petition seeking to terminate the father’s parental rights.  OPINION HOLDS:  We find the father abandoned the child and termination is in the child’s best interest.  We reverse the juvenile court’s decision.

            Appeal from the Iowa District Court for Worth County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, C.J.  (3 pages)

            A mother appeals the termination of her parental rights to her child, E.P.  She requests an additional six months to work towards reunification, and she asserts termination is not in the child’s best interests and the bond they share should preclude termination.  OPINION HOLDS: We find nothing in this record to support an extension of time that would delay termination.  We also agree with the district court termination is in E.P.’s best interests.  We therefore affirm the district court’s termination of the mother’s parental rights without further opinion. 

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her three children under Iowa Code subsections 232.116(1)(e), (f), (h), and (l) (2018), arguing termination would be detrimental to the children due to the closeness of the parent-child relationship and asking for six additional months to reunify.  OPINION HOLDS: Because we do not find clear and convincing evidence termination would be detrimental to the children, nor that delaying permanency for six additional months would serve the children’s best interests, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (3 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The parents have waived and failed to preserve their reasonable-efforts challenges.  The State met its burden for termination under Iowa Code section 232.116(1)(h) (2018).  Termination is in the child’s best interests.  We affirm. 

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS:  We find there is clear and convincing evidence in the record to support termination of his rights, it would be contrary to the children’s interests to give him additional time to work on reunification, and termination is in the children’s best interests.  We affirm the juvenile court’s decision.

            Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            A father appeals the juvenile court’s modification of the permanency goal in the child-in-need-of-assistance case placing the child in the mother’s custody.  The father claims the juvenile court abused its discretion in denying his motion to continue the second day of the permanency hearing. OPINION HOLDS: We find the juvenile court did not abuse its discretion in refusing to grant the father’s motion.