Filed May 01, 2019
View Opinion No. 19-0203
View Summary for Case No. 19-0203
Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge. AFFIRMED. Considered by Vogel, C.J., and Mullins and Bower, JJ. Tabor, J., takes no part. Opinion by Mullins, J. (3 pages)
A father appeals the termination of his parental rights to his two minor children. OPINION HOLDS: We affirm the termination of the father’s parental rights.
Filed May 01, 2019
View Opinion No. 19-0233
View Summary for Case No. 19-0233
Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge. AFFIRMED ON BOTH APPEALS. Considered by Vaitheswaran, P.J., and Doyle and Tabor, JJ. Opinion by Tabor, J. (7 pages)
A mother and father separately appeal the order terminating their parental rights to one child. The mother contends there was not clear and convincing evidence to support the statutory grounds for termination. Both parents assert the court should have established a guardianship in the child’s current placement rather than terminate their rights. OPINION HOLDS: The mother has waived the statutory-grounds argument by not citing the ground she challenges. But even if she had not waived her challenge, we find termination appropriate under Iowa Code section 232.116(1)(f) (2018). Further, a guardianship is not in the child’s best interests. We affirm termination as to both appeals.
Filed May 01, 2019
View Opinion No. 19-0245
View Summary for Case No. 19-0245
Appeal from the Iowa District Court for Greene County, William C. Ostlund, Judge. AFFIRMED. Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J. Opinion by Danilson, S.J. (3 pages)
A father appeals the termination of his parental rights, claiming grounds for termination have not been proved. OPINION HOLDS: There is clear and convincing evidence to support termination of the father’s parental rights and an extension of time is not warranted. We therefore affirm.
Filed May 01, 2019
View Opinion No. 19-0282
View Summary for Case No. 19-0282
Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (11 pages)
A mother appeals the juvenile court order terminating her parental rights. OPINION HOLDS: We find reasonable efforts were made to reunify the family and the child could not be safely returned to the mother’s care even with additional services and time. We affirm the termination of her parental rights.
Filed May 01, 2019
View Opinion No. 19-0323
View Summary for Case No. 19-0323
Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge. AFFIRMED. Considered by Vogel, C.J., and Mullins and Bower, JJ. Opinion by Bower, J. (8 pages)
A mother appeals the juvenile court order terminating her parental rights. OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the mother’s parental rights. It is not in the children’s best interests to give the mother additional time to work on reunification. Termination of the mother’s rights is in the children’s best interests. Although the father’s rights could not be terminated at the time of the termination hearing because he had not received adequate notice, the court could proceed with termination of the mother’s rights. We affirm the decision of the juvenile court.
Filed May 01, 2019
View Opinion No. 19-0372
View Summary for Case No. 19-0372
Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Vaitheswaran, P.J., Tabor, J., and Scott, S.J. Opinion by Scott, S.J. (17 pages)
Parents separately appeal the termination of their parental rights to their respective children. The father argues the Iowa Department of Human Services failed to make reasonable efforts to facilitate reunification and termination is not in his child’s best interests because a guardianship could have been established in the paternal grandmother. The mother challenges the sufficiency of the evidence underlying the grounds for termination cited by the juvenile court, argues termination is not in the children’s best interests due to the parent-child bond, and maintains she should have been granted additional time to work toward reunification. OPINION HOLDS: We affirm the termination of both parents’ parental rights.
Filed Apr 17, 2019
View Opinion No. 17-1534
View Summary for Case No. 17-1534
Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Danilson, S.J. (8 pages)
Abraham Riko appeals from judgment and sentence following his convictions for second-degree theft (two counts), assault on a peace officer, and first-degree eluding. He alleges there is insufficient evidence to support the charges and trial counsel was ineffective in failing to object to a jury instruction on the elements of eluding that included the phrase “and/or.” OPINION HOLDS: Because substantial evidence supports his convictions and Riko’s ineffectiveness claims fail, we affirm.
Filed Apr 17, 2019
View Opinion No. 17-1567
View Summary for Case No. 17-1567
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Tabor, P.J. (14 pages)
Aaron Ortiz appeals his convictions and sentence for assault with intent to commit sexual abuse causing bodily injury. He contends his status as a ward and his intellectual disabilities prevented him from making legal decisions, and his plenary guardian should have been involved at all stages of the criminal case—especially the competency proceedings and the guilty plea hearing. He seeks to establish he is excused from the rules of error preservation due to structural error. OPINION HOLDS: On this undeveloped record, neither the structural error nor the competency issues allow us to reach the merits of the challenge. We also find Ortiz’s sentence is not categorically unconstitutional.
Filed Apr 17, 2019
View Opinion No. 17-1739
View Summary for Case No. 17-1739
Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge. REVERSED AND REMANDED FOR DISMISSAL. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Potterfield, P.J. (6 pages)
The defendant, LB Goodjoint, appeals his conviction for possession of a firearm as a felon. Goodjoint challenges the sufficiency of the evidence to support the determination he was previously convicted of a qualifying felony. OPINION HOLDS: Because the record lacks substantial evidence to support the “felon” element of the crime of felon in possession of a firearm, we reverse Goodjoint’s conviction, judgment, and sentence and remand for dismissal.
Filed Apr 17, 2019
View Opinion No. 17-1970
View Summary for Case No. 17-1970
Appeal from the Iowa District Court for Butler County, Linda M. Fangman, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Gamble, S.J. Opinion by Vaitheswaran, J. (5 pages)
Melissa Sadler, individually and as parent and next friend of four children, appeals the district court’s order granting the defendants’ motion to dismiss. OPINION HOLDS: We affirm the district court’s dismissal for failure to state a claim.
Filed Apr 17, 2019
View Opinion No. 17-1983
View Summary for Case No. 17-1983
Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge. AFFIRMED ON APPEAL, AFFIRMED AS MODIFIED ON CROSS-APPEAL, AND REMANDED WITH INSTRUCTIONS. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (15 pages)
Holly Lewis appeals, and Eric Lewis cross-appeals, the modification of a dissolution-of-marriage decree. Holly argues the court erred in modifying the physical-care provisions of the decree or, alternatively, she should have been afforded additional parenting time as to the children placed in the parties’ shared physical care. Eric argues the court erred in placing the two younger children in the joint physical care of both parties rather than in his physical care and the court erred in its child-support calculation as to the joint-physical-care children. OPINION HOLDS: We conclude Eric met his burden for modification. We affirm the district court’s finding of the same, but modify the modification decree to place the two younger children in Eric’s physical care. We also modify the district court’s summer visitation schedule, and affirm the remainder of the visitation schedule. We reject Eric’s challenges to his support obligations. We remand the matter to the district court for determination of future support obligations under the physical-care arrangement ordered herein. Costs on appeal are assessed to Holly.
Filed Apr 17, 2019
View Opinion No. 17-2006
View Summary for Case No. 17-2006
Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Tabor, J. (4 pages)
Daron Wilkinson appeals his conviction and sentence for theft in the second degree. He contends the district court improperly considered the Iowa Risk Revised assessment, violating his due process rights. He also contends his trial counsel was ineffective in not raising the objection. OPINION HOLDS: Applying the recent supreme court decisions in State v. Guise, 921 N.W.2d 26, 29 (Iowa 2018), and State v. Gordon, 921 N.W.2d 19, 24 (Iowa 2018), we find because Wilkinson did not raise this issue in the district court, we cannot reach the due process claim on direct appeal. We preserve the ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings.