March 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Mary E. Howes and Joel W. Barrows, Judges.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Potterfield, JJ.  Opinion by Vogel, C.J. (3 pages)

            Dejonte Davis appeals his convictions and sentence for intimidation with a dangerous weapon and possession of a firearm by a prohibited person.  He asserts his trial counsel was ineffective for failing to object to evidence he participated in gang activity and the court abused its discretion by sentencing him without considering all mitigating factors related to his juvenile status.  OPINION HOLDS: We preserve his ineffective-assistance claim so a complete record may be developed, and we find the court did not abuse its discretion in sentencing because it properly considered all relevant factors.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (3 pages)

            Carla Siegert appeals from the decree for custody, care, visitation, and support of the child she had with Roger Schumacher.  OPINION HOLDS: The parties have shared the care of their child since 2010 despite their contentious personal interactions when their relationship ceased.  We agree with the trial court that shared care is in the child’s best interest. 

            Appeal from the Iowa District Court for Warren County, Martha L. Mertz, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (8 pages)

            Plaintiffs appeal from the district court’s dismissal of their lawsuit for failing to serve the defendants within the ninety-day window required by Iowa Rule of Civil Procedure 1.302(5).  OPINION HOLDS: Defendants’ motion to dismiss was not untimely.  Plaintiffs made no showing of good cause for not serving within the Iowa Rule of Civil Procedure 1.302(5) ninety-day limit.  Consequently, the district court did not err in dismissing plaintiffs’ lawsuit.   

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (7 pages)

            Brendan Girschek appeals the amount of the equalization payment the district court determined was due to Janice Marin in the dissolution of the parties’ marriage.  OPINION HOLDS: Upon our review, we cannot say the district court failed to do equity in determining the amount Janice was due in equalizing the distribution of the parties’ marital property.  Accordingly, we affirm the decree and subsequent ruling in all respects.  We award appellate attorney fees to Janice.  Any costs on appeal are assessed to Brendan.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ., but decided by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (10 pages)

            A guardian appeals the district court’s dismissal of his petition to terminate a mother’s parental rights under Iowa Code chapter 600A (2018), upon its conclusion termination would not be in the child’s best interests.  OPINION HOLDS: We agree with the district court that the guardian did not carry his evidentiary burden to show termination is in the child’s best interests.  Consequently, we affirm the court’s ruling dismissing the termination petition.

            Appeal from the Iowa District Court for Decatur County, Monty Franklin, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A father appeals the termination of his parental rights to his child, arguing (1) the State failed to prove the ground for termination cited by the district court and (2) termination is not in the child’s best interests.  OPINION HOLDS: We find the first issue dispositive.  We conclude the State failed to prove the child could not be returned to the father’s custody.  We reverse the order terminating his parental rights to the child and remand for dismissal of the petition.

            Appeal from the Iowa District Court for Page County, Amy L. Zacharias, District Associate Judge.  REVERSED AND REMANDED ON BOTH APPEALS.  Considered by Vogel, C.J., and Vaitheswaran and Potterfield, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            Parents separately appeal the termination of their parental rights to the youngest two of their five children, born in 2015 and 2017.  OPINION HOLDS: We reverse the termination of the parents’ rights to the youngest two children on the basis of the statutory exception to termination set forth in Iowa Code section 232.116(3)(c) (2018).  We remand for continued reunification services for the parents and all five children.

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Carr, S.J.  Opinion by Mullins, J.  (4 pages)

                Darnell Holman appeals his conviction following a guilty plea to assault causing bodily injury and the sentence imposed.  He argues his trial counsel rendered ineffective assistance in allowing him to plead guilty absent a sufficient factual basis to support the charge and the court abused its discretion in sentencing him to reside in a residential correctional facility.  OPINION HOLDS: We find counsel was not ineffective as alleged and no abuse of discretion occurred.  We affirm Holman’s conviction and sentence. 

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (6 pages)

            The mother appeals the termination of her parental rights to B.A., born in May 2017.  The juvenile court terminated the mother’s parental rights pursuant to Iowa Code section 232.116(1)(d) and (h) (2018).  On appeal, the mother purports to challenge the statutory grounds for termination.  Additionally, she argues she should have been given additional time to work toward reunification and termination is not in B.A.’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.  APPEAL DISMISSED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vaitheswaran, J.  Special Concurrence by Vogel, C.J.  (6 pages)

            A mother challenges a juvenile court order transferring jurisdiction from the Iowa District Court to the Wind River Tribal Court, contending the court erred in “transferring jurisdiction to the Wind River Tribal Court three days after the Tribe had filed the request and without further notice or hearing.”  OPINION HOLDS: Because the district court’s ruling was not stayed pending appeal and the child was transferred to the State of Wyoming, the issue raised by the mother is now academic.  The matter is moot, and the appeal must be dismissed.  SPECIAL CONCURRENCE ASSERTS: I agree this matter is moot and the appeal should be dismissed.  However, had the mother sought to stay the action pending this appeal, she should have then been granted a hearing on her resistance to transferring jurisdiction. 

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Bower, JJ.  Opinion by Doyle, P.J.  (4 pages)

            A father appeals the order granting the mother’s petition to terminate his parental rights to his child.  OPINION HOLDS: Clear and convincing evidence shows the father abandoned the child and termination is in the child’s best interests.  Accordingly, we affirm the order terminating the father’s parental rights under Iowa Code section 600A.8(3)(b) (2018).

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            A father appeals the termination of his parental rights in his child.  OPINION HOLDS: The department of human services made reasonable efforts toward reunification by providing services appropriate to this family.  Termination of the father’s parental rights is in the child’s best interest.