2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (8 pages)

            A mother appeals the juvenile court’s order terminating her parental rights.  OPINION HOLDS: We conclude termination was proper under Iowa law and consistent with the child’s best interest.  We affirm. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J.  (10 pages)

            A mother appeals the termination of her parental rights to five children.  She contends the court erred in not ordering transcripts, finding the DHS made reasonable efforts, and finding termination is in the children’s best interests.  OPINION HOLDS: On our de novo review, we affirm the findings of the juvenile court. 

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because we agree with the juvenile court that the State proved the grounds for termination of parental rights and that termination was in the children’s best interests, we affirm the juvenile court’s order terminating the mother’s parental rights.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  REVERSED IN PART AND REMANDED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A mother and the father of one of her children appeal the juvenile court's removal order in a child-in-need-of-assistance proceeding.  OPINION HOLDS: We find there is not clear and convincing evidence supporting removal of the children.  We reverse the district court’s removal of all the children from the mother’s custody, and removal of the youngest child from her father’s custody.

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Mahan, S.J.  Tabor, J., takes no part..  Opinion by Doyle, J.  (6 pages)

            A father appeals the termination of his parental rights to his children.  OPINION HOLDS: The record shows the children are in need of permanency, and all of the children are doing well in their placement with relatives.  Ultimately, the children’s best interests are served by termination of the father’s parental rights.  Consequently, we affirm the juvenile court’s order terminating the father’s parental rights.

            Appeal from the Iowa District Court for Adair County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (5 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination and termination is in the children’s best interests.  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 Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to his two children, arguing termination is not in the children’s best interests.  OPINION HOLDS: We conclude the father was in no position to parent his children safely, and we agree with the district court that termination of his parental rights is in the children’s best interests.  We affirm the termination of the father’s parental rights to the children.

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS: We find her request for a six-month extension is unwarranted and decline to apply any exceptions.  We find termination is in the best interests of the children.  We affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Carr, S.J.  Opinion by Vaitheswaran, J.  (5 pages)

            Tacari Minifee appeals his convictions and sentences for the crimes of first-degree murder and first-degree robbery, raising claims of ineffective assistance of counsel and district court error in admitting certain evidence.  OPINION HOLDS: Preserving some claims for possible postconviction relief, we affirm Minifee’s judgment and sentences for both crimes.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Potterfield, J.  (21 pages)

            Steve Fordyce appeals his conviction after bench trial for voluntary manslaughter.  He claims (1) the State did not present substantial evidence to disprove his justification defense beyond a reasonable doubt, (2) the district court erred in not applying the amended Iowa Code chapter 704 (2017)—also known as the “stand your ground” law—to his case, and (3) his due process rights were violated by the length of time between his trial and the entry of the district court’s verdict.  OPINION HOLDS: Because substantial evidence disproves Fordyce’s justifications of self-defense and defense of others, the district court did not err in refusing to apply the stand your ground law to Fordyce’s case, and we do not find Fordyce’s due process rights were violated due to the delay between trial and the verdict, we affirm his conviction for voluntary manslaughter.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  DISTRICT COURT JUDGMENT REVERSED IN PART AND CASE REMANDED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (6 pages)

            The defendant challenges the adequacy of the court’s colloquy when he stipulated to a prior operating while intoxication (OWI) conviction to enhance the current conviction for second-offense OWI.  The court did not mention the prior OWI was valid for enhancement only if the defendant had been represented by counsel or knowingly waived the right to counsel.  The defendant also alleges the colloquy did not adequately advise him of the applicable penalties for owi second offense.  OPINION HOLDS: Because the colloquy did not comply with the requirements clarified in State v. Harrington, 893 N.W.2d 36 (Iowa 2017), State v. Brewster, 907 N.W.2d 489 (Iowa 2018), and State v. Smith, 924 N.W.2d 846 (Iowa 2019), we reverse the judgment entered on the OWI second offense and remand for further proceedings.

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Mahan, S.J.  Gamble, S.J., takes no part.  Opinion by Mahan, S.J.  (15 pages)

            Chelsea Jacques appeals the district court’s decree ordering custody of her child with Adrian Wilson and ruling on her petition to disestablish Wilson’s paternity of the child.  OPINION HOLDS: Upon our review, we conclude Adrian’s paternity has been established and the court’s decree placing care of the child with him is in the child’s best interests.  We affirm.