November 2019 Archive | Court of Appeals Court Opinions

            Appeals from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge (19-0345) and the Iowa District Court for Jasper County, Thomas P. Murphy, Judge (19-0131).  AFFIRMED ON BOTH APPEALS. Considered by Potterfield, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Ronald Agee appeals the district court’s dismissal of his petition for writ of habeas corpus and denial of his motion to correct an illegal sentence.  Agee argues he can pursue his claims through a petition for habeas corpus and also that he was entitled to an automatic discharge of his lifetime special sentence after ten years with credit for time served in prison.  OPINION HOLDS: Agee committed a public offense; for that reason a writ of habeas corpus is unavailable to him.  Iowa Code section 903B.1 (2007) provides for a lifetime special sentence and the length of the sentence for the criminal offense is irrelevant.  Unless the Iowa Board of Parole decides to discharge his special sentence, Agee is required to comply with its terms for the rest of his life or face revocation of release.  We affirm both district court rulings.

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy and Randy V. Hefner, Judges.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J. (10 pages)

            Gregory Schuldt appeals the denial of his motion to suppress in which he challenged the district court’s issuance of three separate search warrants sought by Newton police in their investigation of a drive-by shooting.  Schuldt also contests the district court’s imposition of court costs without determining his reasonable ability to pay.  OPINION HOLDS: Based upon our review, the district court had a substantial basis for concluding probable cause existed to issue the warrants.  But the court failed to apply the statutory requirements for restitution.  We affirm the convictions but reverse the sentence in part and remand for entry of a final restitution order.

            Appeal from the Iowa District Court for Woodbury County, Julie Schumacher, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Schumacher, J., takes no part.  Opinion by Mullins, J.  (5 pages)

            George McClennon appeals the summary disposition of his application for postconviction relief claiming he received ineffective assistance of counsel and an illegal sentence.  OPINION HOLDS: We find counsel was not ineffective and McClennon’s sentence is not illegal.  We affirm the summary disposition of his application for postconviction relief.

            Appeals from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge (19-0345) and the Iowa District Court for Jasper County, Thomas P. Murphy, Judge (19-0131).  AFFIRMED ON BOTH APPEALS. Considered by Potterfield, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Ronald Agee appeals the district court’s dismissal of his petition for writ of habeas corpus and denial of his motion to correct an illegal sentence.  Agee argues he can pursue his claims through a petition for habeas corpus and also that he was entitled to an automatic discharge of his lifetime special sentence after ten years with credit for time served in prison.  OPINION HOLDS: Agee committed a public offense; for that reason a writ of habeas corpus is unavailable to him.  Iowa Code section 903B.1 (2007) provides for a lifetime special sentence and the length of the sentence for the criminal offense is irrelevant.  Unless the Iowa Board of Parole decides to discharge his special sentence, Agee is required to comply with its terms for the rest of his life or face revocation of release.  We affirm both district court rulings.

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Bower, C.J.  (6 pages)

            Ismaila Sarr appeals a domestic abuse protective order.  OPINION HOLDS: We find a preponderance of evidence supports the district court’s protective order and affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (3 pages)

            Thomas Stogdill challenges the sufficiency of the evidence supporting his conviction for assault while using or displaying a dangerous weapon.  OPINION HOLDS: Substantial evidence supports the finding that a thrown hammer meets the definition of a dangerous weapon under Iowa Code section 702.7 (2018) as an instrument used in a way that shows a person intends to inflict death or serious injury on another and which can inflict death when so used.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Clear and convincing evidence shows the child could not be returned to the mother’s care at the time of the termination hearing and that termination is in the child’s best interests.  Because none of the circumstances listed in Iowa Code section 232.116(3) (2018) weigh against terminating the mother’s parental rights, we affirm.

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (11 pages)

            A mother of two children appeals a permanency review order placing legal custody of the children with their father, contending (A) “the [juvenile] court erred in not returning the children to [her] care as there was no physical or adjudicatory harm preventing their return”; (B) “the [juvenile] court erred in [entering] a permanency order when the department [of human services] had not made reasonable efforts towards reunification as it failed to compel the children to individual counseling and family counseling with [her]”; and (C) “the department of human services did not [provide] notice that the hearing could be a permanency decision, as the court had previously ruled that she had an additional six months.”  OPINION HOLDS: We affirm the juvenile court’s permanency review order in its entirety.

            Appeal from the Iowa District Court for Dickinson County, Don E. Courtney, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Mullins and May, JJ.  Opinion by Bower, C.J.  (5 pages)

            The Employment Appeal Board (EAB) determined Amy Harbst Baschke was discharged for no qualifying reason from her employment with Little Hands Childcare & Preschool, Inc.  The district court reversed, and the EAB appeals.  OPINION HOLDS: Because the EAB’s decision was supported by substantial evidence and was not unreasonable or wholly unjustifiable, the district court erred in reversing the EAB’s ruling.  We reverse and remand for dismissal of the employer’s petition.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS:  The mother does not challenge the statutory grounds for termination, and we find termination of the mother’s parental rights is in the child’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother and father separately appeal the juvenile court decision terminating their parental rights.  OPINION HOLDS: We find clear and convincing evidence supporting the termination of the mother’s rights exists under Iowa Code section 232.116(1)(h) (2019), additional time for the father to achieve reunification is unwarranted, and termination of both parents’ rights is in the best interest of the child.

            Appeal from the Iowa District Court for Chickasaw County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights to one child.  OPINION HOLDS:  Ongoing substance-abuse and domestic-violence issues, as well as general instability, render the parents unable to resume care of the child.  It is in the child’s best interests to terminate parental rights, and no other statutory factor should prevent that.  The parenting deficiencies would still be present in six months, so additional time is not warranted.  We affirm.