February 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (5 pages)

            Freddie Helai appeals his conviction, following a guilty plea, of lascivious acts with a child and the sentence imposed.  He argues his plea was entered unknowingly and involuntarily because he was misadvised of the potential immigration consequences of his plea and his counsel rendered ineffective assistance in failing to ensure he was accurately advised and by failing to file a motion in arrest of judgment to challenge his plea based on the alleged deficiencies.  He also argues the court relied on improper considerations in imposing sentence.  OPINION HOLDS: We find the record inadequate to determine the ineffective-assistance claim and thus preserve it for postconviction relief.  We agree the court improperly relied upon unproven and irrelevant information in imposing sentence, and we therefore vacate the sentence imposed and remand the matter to the district court for resentencing.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            D.C. appeals a dispositional order placing him at the state training school.  OPINION HOLDS: We affirm the juvenile court.

            Appeal from the Iowa District Court for Story County, Dale E. Ruigh, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Howard 209, L.C. appeals the district court’s order on the parties’ competing motions for summary judgment, contending the district court erred in declining to apply “the ten-year limitations period of Iowa Code section 614.17A” (2018).  OPINION HOLDS: Because the covenant prohibiting Howard 209 from renting its property falls squarely under the twenty-one year limitations period set forth in Iowa Code section 614.24, the district court did not err in concluding 129 State, L.L.C.’s petition was timely and in granting 129 State’s cross-motion for summary judgment. 

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED AS MODIFIED ON BOTH APPEALS AND REMANDED.  Heard by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J.  Opinion by Mullins, J.  (16 pages)

            Jacob (Jake) Brown appeals, and Abby Brown cross-appeals, the decree dissolving their marriage.  Jake challenges the physical-care, visitation, right-of-first-refusal, and spousal-support provisions of the decree.  Abby challenges the court’s spousal-support award as inadequate and the award of a portion of her pre- and post-retirement death benefits to Jake as inequitable.  OPINION HOLDS: We affirm the district court’s physical-care decision and its visitation schedule.  We modify the decree to provide Jake with a right of first refusal to care for the children in the event Abby is unable to do so for twelve or more hours.  We further modify the decree to award Abby spousal support in the amount of $650.00 per month for three years from the time of the entry of the decree.  Based on the record made before the district court, we cannot say the court failed to do equity as to Abby’s retirement benefits.  Given the modification in spousal support, we remand the matter to the district court for a recalculation of child support.  Costs on appeal are assessed to Jake.

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            Matthew Poock appeals his conviction for operating while intoxicated, third offense.  He challenges the district court’s denial of his motion to suppress evidence obtained following a police stop.  OPINION HOLDS: The record shows the officer had reasonable suspicion to stop Poock to investigate a citizen’s report of erratic driving. 

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J. (4 pages)

            Gerardo Andrade Zepeda appeals the sentence imposed upon his conviction, following a guilty plea, of conspiracy to commit a forcible felony.  He argues the court’s imposition of surcharges was illegal, the restitution provision of the written sentencing order is inconsistent with the oral pronouncement of sentence and our supreme court’s ruling in State v. Albright, 925 N.W.2d 144 (2019), and the court considered improper factors in imposing sentence.  OPINION HOLDS: We vacate the challenged surcharge and restitution provisions and remand for the entry of a corrected sentencing order concerning said provisions, which shall be followed by appropriate procedures for the ordering of restitution.  Finding the complained-of sentencing considerations were fair game, we affirm the remainder of the sentence imposed.

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

            Parents appeal the termination of their parental rights.  OPINION HOLDS: Termination was warranted with respect to the father under Iowa Code section 232.116(1)(h) (2019) and with respect to the mother under section 232.116(1)(g).  We find termination to be in the child’s best interests and refrain from applying a permissive factor as set forth in Iowa Code section 232.116(3).

            Appeal from the Iowa District Court for Scott County, Korie Shippee, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (12 pages)

            A mother and father separately appeal the terminations of their parental rights to their child.  The mother argues termination is not in the child’s best interests.  The father challenges the statutory grounds for termination of parental rights and argues a number of the juvenile court’s findings are in error.  OPINION HOLDS: Because the mother has yet to comply with the requirement to secure appropriate housing, the child’s emotional upheaval related to interactions with the mother, and the child’s consistent express preference for adoption, we affirm termination of the mother’s parental rights.  Although the father has obtained and maintained employment and housing, circumstances exist that prevent reunification with the child.  Furthermore, because of the father’s inexperience in parenting, the need for consistent intervention regarding appropriate conversation topics and physical interactions, and the child’s express preference for adoption we affirm termination of the father’s parental rights.

            Appeal from the Iowa District Court for Harrison County, Jennifer A. Benson, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (13 pages)

            A father appeals the termination of his parental rights to his minor child, born in February 2018.  He argues: (1) the juvenile court abused its discretion and violated his due process rights in denying his motions to continue the termination hearing, (2) the court erred in denying his motion for records, (3) the court erred in taking judicial notice of a prior child-welfare case as well as two criminal cases, (4) the State provided insufficient evidence to support termination, (5) termination is not in the child’s best interests because he loves the child “and there is a closeness there,” and (6) the Iowa Department of Human Services failed to make reasonable efforts at reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Iowa County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (6 pages)

            A mother appeals the juvenile court’s termination of her parental rights.  OPINION HOLDS: We conclude termination is appropriate under Iowa law and consistent with the children’s best interests.

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS:  We conclude the mother has failed to show the State did not make reasonable efforts to reunite her with the child, we agree with the court’s decision to deny the mother’s request for additional time, and we find the provisions in Iowa Code section 232.116(3) (2019) should not be applied to prevent termination of the mother’s parental rights.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Calhoun County, Joseph McCarville, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            A mother appeals the termination of her parental rights to two of her children.  OPINION HOLDS: A statutory ground authorizing termination is satisfied.  Termination is in the children’s best interests.  We decline to apply any of the permissive exceptions to termination found in Iowa Code section 232.116(3) (2019).  The juvenile court correctly denied the mother’s request for additional time to work toward reunification and establishment of a guardianship.