2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Appanoose County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Gamble, S.J.  Opinion by Vogel, C.J.  (5 pages)

            Kenneth Turner was found guilty of failure to comply with the Iowa Sex Offender Registry requirements.  He now appeals his conviction, arguing the district court erred in denying his motion for new trial.  OPINION HOLDS: We find the district court did not abuse its discretion by denying the motion for new trial and affirm his conviction.

            Appeal from the Iowa District Court for Polk County, Gregory A. Hulse, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            James Dawson appeals the district court decision accepting his guilty plea to neglect of a dependent person.  OPINION HOLDS:  We are unable to determine the basis for Dawson’s claim of ineffective assistance of counsel, and we preserve his claim for possible postconviction-relief proceedings.  We affirm his conviction.

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Vogel, C.J.  (4 pages)

            The father appeals the termination of his parental rights to his child after the mother filed a petition under Iowa Code chapter 600A (2017).  After granting two continuances at the father’s request, the district court denied his third motion to continue, which provided the father was unable to participate in the termination hearing due to his incarceration.  The father now argues his constitutional due process rights were violated because he was unable to participate in the termination hearing by telephone.  OPINION HOLDS: The father failed to preserve error on his constitutional claim because he did not raise such claim below and the district court made no findings on such claim.

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge, and Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

            Randall Lee Brooks appeals his conviction for driving while barred as a habitual offender.  OPINION HOLDS: The district court properly excluded evidence that amounted to a collateral attack on the Iowa Department of Transportation’s action barring his license as a habitual offender.  Because Brooks failed to establish a good and compelling cause to continue trial, the district court acted within its discretion in refusing his request for a continuance.  Brooks failed to preserve error on his claim that his right to be present at trial was violated.  We preserve his claim of ineffective assistance of counsel for postconviction relief to allow the record to be developed.  Finding no error on the claims properly presented on appeal, we reject Brooks’s claim that he should be granted a new trial based on the cumulative effect of the errors alleged.

            Appeal from the Iowa District Court for Clay County, David A. Lester, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Gamble, S.J.  Opinion by Doyle, P.J.  (5 pages)

            Jesse Blair appeals the order establishing paternity, custody, and visitation of the child he shares with Trish Scott, now known as Trish Weimar.  OPINION HOLDS: Although the evidence could support granting physical care to either parent, we concur with the district court’s assessment that Trish should be granted physical care based on her historical role as the child’s caretaker and because doing so will allow the child to grow up with her half-sister. 

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Bower, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (2 pages)

            Amanda Dreier appeals sentence following her plea of guilty to conspiracy to commit the felony of sexual exploitation by a school employee.  On appeal, Dreier contends the court stated it was without authority to grant a deferred judgment unless a defendant requested it and asks that we remand this case for resentencing with a directive to the district court that no request by the defendant is required.  OPINION HOLDS:  The sentence imposed was in accordance with the plea agreement wherein Dreier specifically agreed she could not request nor accept a deferred judgment.  We affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Scott, S.J.  Opinion by Vogel, C.J.  (4 pages)

            Shannon Turner pled guilty to operating while intoxicated and assault with intent to commit sexual abuse.  He appeals his sentence, arguing the district court abused its discretion and failed to consider all relevant factors and possible sentencing options when sentencing him.  OPINION HOLDS: Based on the record and the district court’s reasoning when sentencing Turner, we find the district court did not abuse its discretion.

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights to several children.  OPINION HOLDS: We affirm the termination of the parents’ rights to their children.

            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (7 pages)

            A mother appeals from the order terminating her parental rights to her child.  OPINION HOLDS: Clear and convincing evidence shows that the child could not be returned to the mother’s care at the time of the termination hearing, establishing the grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(h) (2018).  Because the statutory time period has passed and there is no evidence the bond between the child and the mother is so great that terminating it would be detrimental to the child, termination is in the child’s best interests.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (5 pages)

            A mother appeals from an order terminating her parental rights to one child.  She contends the juvenile court abused its discretion in denying her motion to continue when the court continued the first of two days of hearing for inclement weather and the mother failed to appear on the second day.  OPINION HOLDS: We find the district court did not abuse its discretion.  There was no communication from the mother as to her whereabouts, and the best interests of the child demanded permanency.  The mother had not made a significant effort to address the substance abuse issues that led to the initial removal.  Under those circumstances, we find no abuse of discretion. 

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (12 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: We affirm the termination of both parents’ parental rights.

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Tabor, J., takes no part.  Opinion by Doyle, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: The mother failed to preserve error on her claims that the State failed to make reasonable efforts to have the children returned to her care and the juvenile court should have continued the termination hearing.  Because the evidence shows termination of the mother’s parental rights is in the children’s best interests, we affirm.