Filed Oct 23, 2019
View Opinion No. 19-1368
View Summary for Case No. 19-1368
Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., Greer, J., and Vogel, S.J. Opinion by Vogel, S.J. (6 pages)
A mother appeals a juvenile court order terminating her parental rights. OPINION HOLDS: We find there is sufficient evidence in the record that the child cannot be returned to the mother, termination is in the child’s best interests to give the child stability, and custody of the child with her father does not militate against termination. We affirm the decision of the juvenile court.
Filed Oct 23, 2019
View Opinion No. 19-1451
View Summary for Case No. 19-1451
Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by May, J. (8 pages)
A mother appeals the juvenile court’s termination of her parental rights. OPINION HOLDS: We conclude termination was appropriate under Iowa law and consistent with the child’s best interests.
Filed Oct 09, 2019
View Opinion No. 17-1945
View Summary for Case No. 17-1945
Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge. SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ. Opinion by Doyle, J. (4 pages)
Jacob Hansen appeals the sentences imposed on his convictions after pleading guilty to third-degree burglary and third-degree attempted burglary. OPINION HOLDS: Hansen waived error on his claim that considering his risk assessment score in sentencing violated his due process rights. Risk assessment scores and sentencing recommendations are not inherently improper considerations in sentencing. Hansen may raise his claim that counsel was ineffective in failing to object to these considerations before sentencing in a postconviction-relief proceeding. We vacate the court’s orders for restitution and remand the matter to the district court for receipt of a final restitution plan and a determination of Hansen’s reasonable ability to pay.
Filed Oct 09, 2019
View Opinion No. 17-2103
View Summary for Case No. 17-2103
Appeal from the Iowa District Court for Pottawattamie County, Susan Christensen, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Potterfield, P.J., and Doyle and Greer, JJ. Opinion by Potterfield, P.J. (3 pages)
Knicolas Lewis appeals from his sentence for robbery in the second degree. He maintains the sentencing court’s refusal to consider a deferred judgment as a sentencing option constituted an abuse of discretion. OPINION HOLDS: Iowa Code section 901.5(14) (2017) gave the court discretion to enter a deferred judgment in Lewis’s case. Because the court was unaware it could enter a deferred judgment, we vacate Lewis’s sentence and remand for resentencing.
Filed Oct 09, 2019
View Opinion No. 18-0050
View Summary for Case No. 18-0050
Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge. CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by Tabor, P.J. (8 pages)
The defendant appeals his sentence for child endangerment causing bodily injury following his plea of guilty. OPINION HOLDS: The district court did not abuse its discretion in considering the risk assessment tools as contained within the presentence investigation report. The defendant failed to preserve error on his due process and abuse-of-discretion claims, and the record is insufficient to reach these due process and abuse-of-discretion claims on direct appeal within the ineffective-assistance of counsel framework. In addition, because sentencing courts are not required to expressly consider mitigating features of youth factors “on the record”, the district court did not abuse its discretion in sentencing. Also, because Jacobson’s written sentencing order does not comply with the statutory procedures outlined in State v. Albright, 925 N.W.2d 144, 158 (Iowa 2019), we vacate that part of the sentence and remand for the district court to impose restitution consistent with the Albright directives.
Filed Oct 09, 2019
View Opinion No. 18-0177
View Summary for Case No. 18-0177
Appeal from the Iowa District Court for Buena Vista County, David A. Lester, Judge. AFFIRMED ON APPEAL; REVERSED AND REMANDED ON CROSS-APPEAL. Heard by May, P.J., Scott, S.J. and Gamble, S.J. Opinion by May, P.J. (10 pages)
This is a dispute over a trust. James and William claim they are the only beneficiaries. L.K. claims he is also a beneficiary. The district court sided with James and William. L.K. appeals that determination. L.K. also appeals the district court’s refusal to appoint a co-GAL for him. James and William cross-appeal an order requiring the trust to pay L.K.’s attorney fees for this appeal. OPINION HOLDS: (1) The district court did not abuse its discretion in declining to appoint a co-GAL. The appointment would have certainly created costs for the trust; but there was no reasonable hope the appointment would create any concrete benefit for L.K. (2) The district court was correct in granting summary judgment and declaring James and William are the sole beneficiaries of the trust. L.K. claimed he was a beneficiary because of equitable adoption; but L.K. admits he cannot meet Iowa’s requirements for equitable adoption. (3) The district court erred in taxing the GAL’s appellate attorney fees prior to the appeal. On remand, the district court shall tax them as costs to L.K., the unsuccessful party on appeal. If the fees “cannot be collected” from L.K., the GAL may file a motion under Iowa Code section 625.5.
Filed Oct 09, 2019
View Opinion No. 18-0241
View Summary for Case No. 18-0241
Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., Doyle, J., and Vogel, S.J. Opinion by Vaitheswaran, P.J. (6 pages)
Jader Enterprises, L.L.C. appeals, and Donald Buhr cross-appeals, from the district court’s ruling on a breach-of-contract action. OPINION HOLDS: Because the district court’s underlying finding of impossibility lacked evidentiary support and because there were no findings on the key elements of Jader’s claim and Buhr’s counterclaim, we cannot decide whether there is sufficient evidence to support the claim and counterclaim. We reverse and remand for a new trial on both.
Filed Oct 09, 2019
View Opinion No. 18-0269
View Summary for Case No. 18-0269
Appeal from the Iowa District Court for Lee (South) County, John M. Wright and Mary Ann Brown, Judges. SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ. Opinion by Bower, J. (4 pages)
Jeremy Davolt challenges the district court’s use of the sentencing recommendation of the department of corrections in the presentence investigation (PSI) report and the order to reimburse correctional fees when Davolt does not have a reasonable ability to pay the fees. OPINION HOLDS: We find the district court did not abuse its discretion in considering the PSI report recommendation during sentencing, and we vacate the restitution order and remand for a determination of Davolt’s reasonable ability to pay.
Filed Oct 09, 2019
View Opinion No. 18-0593
View Summary for Case No. 18-0593
Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge. CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by May, J. (3 pages)
Tera Harris appeals her sentence. She claims the district court improperly considered a sentence recommendation within the presentence investigation report (PSI). And she argues the district court failed to make an ability-to-pay determination before ordering her to pay court costs. OPINION HOLDS: We find the district court did not abuse its discretion by considering the PSI’s sentencing recommendation. And we vacate the restitution portion of the sentencing order and remand.
Filed Oct 09, 2019
View Opinion No. 18-0645
View Summary for Case No. 18-0645
Appeal from the Iowa District Court for Polk County, Heather L. Lauber and Robert B. Hanson, Judges. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower, J. (7 pages)
Rayshon Rushing appeals his conviction for being a felon in possession of a firearm. Rushing claims the district court did not have the authority to place him at a residential facility and revoke his probation for rule violations. He also claims the court erred in ordering him to pay the law-enforcement-initiative surcharge. OPINION HOLDS: We find the court had the authority to place Rushing in the residential facility and to revoke his probation. We find the surcharge was not applied and Rushing’s claim is without merit. We affirm.
Filed Oct 09, 2019
View Opinion No. 18-0811
View Summary for Case No. 18-0811
Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge. REVERSED AND REMANDED. Heard by Potterfield, P.J., and Bower and Greer, JJ. Opinion by Greer, J. (11 pages)
James Rixner and the Sioux City Human Rights Commission argue the district court abused its discretion in striking a paragraph of their petition alleging housing discrimination and erred in finding the plaintiffs are not aggrieved parties. The defendants argue the petition is time barred, the plaintiffs have failed to argue they are the real party in interest, and the plaintiffs do not have standing to pursue this action. OPINION HOLDS: We decline to address the statute of limitations and motion to strike issues and conclude that the plaintiffs have established they are aggrieved parties under the statute and have standing to pursue their claims. We reverse and remand to the district court for further proceedings.
Filed Oct 09, 2019
View Opinion No. 18-0916
View Summary for Case No. 18-0916
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Tabor, J. Special Concurrence by Potterfield, P.J. (15 pages)
Taner Mann appeals his convictions for five offenses, challenging the district court’s conclusion he was restored to competency and able to stand trial and submit a plea. OPINION HOLDS: On our independent review of the record, we conclude Mann failed to show he remained incompetent to stand trial or plead. SPECIAL CONCURRENCE ASSERTS: I believe the better course of action would be to preserve Mann’s claims of ineffective assistance of counsel for possible future postconviction relief; I disagree with the majority’s position that the record is adequate to decide the issue of the adequacy of proof supporting the ruling on restoration of competency.