2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cass County, Amy L. Zacharias, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (8 pages)

            Malasondra, the paternal grandmother of T.S., appeals the order denying her motion to intervene in the termination-of-parental-rights proceedings.  She contends the juvenile court wrongly denied her motion and wants to be considered as an adoptive home for T.S.  OPINION HOLDS: As the juvenile court previously determined, Malasondra has demonstrated a lack of protective capacity in relation to her son’s sexual abuse of her daughter.  As such, it would be inconsistent with T.S.’s best interests to consider Malasondra a placement for adoption purposes.  Malasondra has not demonstrated an interest in the proceedings, and the court did not err in denying her motion to intervene. 

            Appeal from the Iowa District Court for Jefferson County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (8 pages)

            A mother and father separately appeal a juvenile court order terminating their parental rights to their children.  OPINION HOLDS: We find the court did not abuse its discretion by not continuing or suspending the termination hearing, a six-month extension is not warranted, and termination is in the children’s best interests.

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  Tabor, J., takes no part.  (9 pages)

            A mother and father separately challenge the termination of their parental rights to their two children.  OPINION HOLDS: Termination of the father’s parental rights is in the children’s best interests and no statutory exceptions to termination apply.  The mother waived her reasonable-efforts challenge.  We decline to grant the mother’s request for an extension.

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J.  (4 pages)

            A child’s foster family appeals the denial of a temporary injunction regarding the placement of the child with another family.  OPINION HOLDS: The placement of the child is at the Iowa Department of Human Services’ discretion, and the district court did not have a legal basis to issue an injunction.

            Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (2 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The father’s failure to argue on appeal waives error.  Consequently, we affirm the termination of his parental rights. 

            Appeal from the Iowa District Court for Chickasaw County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J.  (3 pages)

            A father appeals the termination of his parental rights in his four children, arguing termination of the parent-child relationships is not in the children’s best interest.  OPINION HOLDS:  Termination of the father’s rights is in the children’s best interest.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A father appeals the termination of his parental rights to a child.  OPINION HOLDS: On our de novo review, we conclude the department satisfied its reasonable-efforts mandate.  We affirm the termination of the father’s parental rights pursuant to Iowa Code section 232.116(1)(f) (2018).

            Appeal from the Iowa District Court for Clinton County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Gamble, S.J.  Tabor, J., takes no part.  Opinion by Gamble, S.J.  (5 pages)

            Maurice Walker appeals from the dismissal of his application for postconviction relief (PCR).  On appeal, he raises a new claim and also asserts the PCR court erred in finding his trial counsel was not ineffective.  OPINION HOLDS: The rule announced in State v. Heemstra, 721 N.W.2d 549, 558 (Iowa 2006), is not applicable here.  The appellant’s claim concerning the charge of burglary was not preserved for review.  Because we agree with the thorough and well-reasoned findings and conclusions of the PCR court, we affirm.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  REVERSED AND REMANDED.  Heard by Mullins, P.J., McDonald, J., and Danilson, S.J.  Opinion by McDonald, J.  (11 pages)

            Defendants, the State of Iowa and Iowa State University, appeal the district court’s entry of judgment notwithstanding the verdict in an employment discrimination case favoring the plaintiff, Luann Huss.  OPINION HOLDS:  When considering the evidence in the light most favorable to the defendants, reasonable minds could differ with regard to whether Huss proved her disability discrimination and failure to accommodate claims.  Because reasonable minds could reach differing conclusions, the district court erred in entering judgment notwithstanding the verdict.  We reverse and remand to reinstate the jury’s verdict.

            Appeal from the Iowa District Court for Linn County, Robert E. Sosalla, Judge.  AFFIRMED.  Heard by Potterfield, P.J., Doyle, J., and Danilson, S.J., Opinion by Danilson, S.J.  (28 pages)

            Kendu Ray Petties appeals following a jury trial from convictions for two counts of murder in the first degree and one count of conspiracy to commit a forcible felony.  Petties first contends the trial court abused its discretion in admitting transcripts of cell phone recordings and shoeprint evidence.  He also asserts his trial counsel was ineffective in a number of respects.  Next, Petties maintains the court erred in denying his motions for judgment of acquittal and for new trial because there is insufficient corroborating accomplice testimony to support the jury’s verdicts and the verdicts are contrary to the weight of the evidence.  Finally, he argues the court failed to determine Petties had the reasonable ability to pay court costs.  OPINION HOLDS: We find no abuse of discretion in the court admitting the transcripts of the cell phone recordings, particularly where the recordings themselves were also admitted.  Nor did the district court abuse its discretion in allowing the shoeprint evidence.  The ineffective-assistance-of-counsel claims fail for lack of prejudice.  We find sufficient evidence corroborating the accomplice testimony, and we conclude the verdicts were supported by substantial evidence and were not contrary to the weight of the evidence.  We affirm the convictions.  The court did not err in imposing court costs.

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            Muhammad Hameed appeals from the denial of his application for postconviction relief (PCR), contending his criminal trial counsel was ineffective in (1) failing to pursue missing surveillance video from the club, (2) failing to call several defense witnesses, (3) failing to develop expert testimony regarding the complaining witness’s intoxication, (4) failing to properly emphasize the evidence controverting the complaining witness’s testimony that she had never returned to the club after the sex act in March 2011, and (5) failing to explore Hameed’s claims of retaliatory prosecution.  OPINION HOLDS: Upon our de novo review, we agree with the PCR court’s findings, which are supported by the record, and its reasonable conclusions.  Hameed has failed to establish trial counsel was ineffective.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED AS MODIFIED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J.  (6 pages)

            Gabriel Wilson appeals the decree dissolving his marriage to Elizabeth Wilson.  OPINION HOLDS: The district court did not abuse its discretion in denying Gabriel’s motion to reopen the record.  The district court equitably divided the marital property, however, the division is modified to correct a typographical error in the court’s order.  The district court did not err in failing to preserve a separate tort action against Elizabeth.  Elizabeth is not awarded attorney fees.