Filed Mar 06, 2019
View Opinion No. 18-1254
View Summary for Case No. 18-1254
Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J. Opinion by Vaitheswaran, J. (3 pages)
Joseph Funke appeals the sentence entered on his conviction for possession of methamphetamine, third offense. OPINION HOLDS: We discern no abuse of discretion in the district court’s sentencing decision. Accordingly, we affirm Funke’s conviction, judgment and sentence for possession of methamphetamine, third offense.
Filed Mar 06, 2019
View Opinion No. 18-1300
View Summary for Case No. 18-1300
Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J. Opinion by Mahan, S.J. (4 pages)
A father appeals the termination of his parental rights to his children, born in 2009, 2012, and 2014. He contends termination is not in the best interests of the children. OPINION HOLDS: Upon our review, we affirm termination of the father’s parental rights.
Filed Mar 06, 2019
View Opinion No. 18-1379
View Summary for Case No. 18-1379
Appeal from the Iowa District Court for Woodbury County, Timothy T. Jarman, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by Mullins, J. (3 pages)
Mikala Webster appeals her conviction of operating while intoxicated. She argues the district court erred in denying her motion to dismiss on statute-of-limitations grounds. On appeal, she argues Iowa Code section 802.6(1) (2013) violates the due process and equal protection clauses of the state and federal constitutions. OPINION HOLDS: We agree with the State that Webster has failed to preserve error on her constitutional claims, as they were not raised in nor decided by the district court. We affirm the denial of her motion to dismiss and her conviction.
Filed Mar 06, 2019
View Opinion No. 18-1386
View Summary for Case No. 18-1386
Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Vaitheswaran, J. (5 pages)
A father appeals the termination of his parental rights to his child. OPINION HOLDS: The department satisfied its reasonable-efforts mandate, and the juvenile court did not abuse its discretion in declining to grant an extension of time to facilitate reunification. We affirm the termination of the father’s parental rights to the child.
Filed Mar 06, 2019
View Opinion No. 18-1418
View Summary for Case No. 18-1418
Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge. SENTENCE VACATED AND REMANDED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (6 pages)
Gregory Hintze appeals following his conviction for extortion. Hintze claims the court abused its discretion in sentencing by allowing the victim’s mother to provide a victim impact statement and considering unproven and unprosecuted offenses. OPINION HOLDS: We vacate the defendant’s sentence and remand for resentencing before a different judge.
Filed Mar 06, 2019
View Opinion No. 18-1773
View Summary for Case No. 18-1773
Appeal from the Iowa District Court for Boone County, Steven A. Owen, District Associate Judge. AFFIRMED. Considered by Vogel, C.J., Vaitheswaran, J., and Blane, S.J. Opinion by Vaitheswaran, J. (2 pages)
Mark McMahon appeals following his guilty plea to failure to comply with sex offender registry requirements, first offense. OPINION HOLDS: We find the record inadequate to resolve McMahon’s ineffective-assistance claim. Accordingly, we preserve it for postconviction relief.
Filed Mar 06, 2019
View Opinion No. 18-1873
View Summary for Case No. 18-1873
Appeal from the Iowa District Court for Osceola County, David C. Larson, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by Doyle, P.J. (16 pages)
A mother appeals the termination of her parental rights to her children. OPINION HOLDS: I. Because clear and convincing evidence shows imminent harm would likely occur to the children’s physical, mental, or social well-being if returned to the mother’s custody, termination of the mother’s parental rights is appropriate under Iowa Code section 232.116(1)(f) (2017). II. Assuming the mother preserved error on her reasonable-efforts challenge, we are unable to conclude the State failed to make reasonable efforts. III. We decline to delay the children’s permanency by granting the mother additional time to reunify with the children.
Filed Mar 06, 2019
View Opinion No. 18-1954
View Summary for Case No. 18-1954
Appeal from the Iowa District Court for Polk County, Joseph Seidlin, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. Dissent by Tabor, J. (14 pages)
A father appeals the juvenile court decision terminating his parental rights. OPINION HOLDS: We find there is clear and convincing evidence in the record to support the termination and the State engaged in reasonable efforts to reunite the father with the child. We also find termination is in the child’s best interests. We affirm the juvenile court. DISSENT ASSERTS: I respectfully disagree with the majority’s decision to affirm the order terminating the incarcerated father’s parental rights. By not offering any visitation with D.S., despite the father’s persistent requests, I believe the State failed to satisfy the reasonable-efforts requirement.
Filed Mar 06, 2019
View Opinion No. 18-1970
View Summary for Case No. 18-1970
Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge. AFFIRMED. Considered by Potterfield, P.J., Bower, J., and Scott, S.J. Opinion by Scott, S.J. (6 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 of the mother’s parental rights, termination is in the child’s best interests, and no exceptions apply. We affirm the juvenile court’s decision.
Filed Mar 06, 2019
View Opinion No. 18-2002
View Summary for Case No. 18-2002
Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Tabor, P.J., Bower, J., and Scott, S.J. Opinion by Scott, S.J. (8 pages)
Parents separately appeal juvenile court rulings in a termination-of-parental-rights proceeding. OPINION HOLDS: We affirm the termination of both parents’ rights and reject the mother’s reasonable-efforts challenge.
Filed Mar 06, 2019
View Opinion No. 18-2007
View Summary for Case No. 18-2007
Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by Doyle, P.J. (6 pages)
A father appeals the termination of his parental rights. OPINION HOLDS: Because we agree with the juvenile court’s denial of the father’s requests for visitation while in prison and for additional time for reunification, we affirm the court’s order terminating the father’s parental rights.
Filed Mar 06, 2019
View Opinion No. 18-2020
View Summary for Case No. 18-2020
Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and McDonald, JJ. Opinion by McDonald, J. (3 pages)
A mother appeals the termination of her parental rights in her three children. OPINION HOLDS: The mother failed to preserve error on her claims that her consent to termination was not voluntary and intelligent and that an exception to termination applied. We do not reach the merits of her claims.