April 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J. (5 pages)

            Chad Lindsay appeals the restitution order entered after he pled guilty to one count of failure to obtain workers’ compensation liability insurance.  OPINION HOLDS:  Because Lindsay’s criminal act supports a civil claim for recovery, the court properly assessed restitution to compensate the victim for pecuniary damages arising from that criminal act.  Lindsay’s claim that his counsel was ineffective in failing to request a setoff for a workers’ compensation award fails because counsel had no duty to request a setoff for a workers’ compensation award when Lindsay had made no payments on the award.

            Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            Jamie Sinn and Rusty Duff are the never-married parents of A.D. and L.D.  In a 2014 stipulated decree, the court gave the parents joint legal custody of the children, placed the children in Jamie’s physical care, and gave Rusty reasonable visitation with the children.  Following Rusty’s 2018 petition to modify the decree, the district court modified physical care, placing the children in Rusty’s care.  On appeal, Jamie challenges the district court’s ruling, arguing the modification of physical care is not in A.D.’s and L.D.’s best interests.  Alternatively, she contends she should be awarded more visitation time.  She also requests $2000 in appellate attorney fees.  OPINION HOLDS: We affirm the district court’s modification and decline to award Jamie appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (5 pages)

            Toby Richards appeals the sentences imposed following convictions of domestic abuse assault, third or subsequent offense, and domestic abuse assault by strangulation.  He argues the sentencing court improperly used a previously prepared presentence investigation report (PSI) and alternatively argues his counsel was ineffective in failing to object to use of the PSI.  He also argues the court erred in ordering the sentences imposed run consecutively to sentences resulting from prior domestic-abuse convictions.  OPINION HOLDS: Our review of the record reveals the court did not rely on information in the PSI that did not result in conviction in imposing the sentence.  The court’s colloquy shows the court considered the appropriate factors.  Richards cannot show prejudice, so his ineffective-assistance claim fails.

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  REVERSED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Tabor, J., takes no part.  Opinion by May, J.  (4 pages)

            A father appeals the juvenile court’s termination of his parental rights.  OPINION HOLDS: We find insufficient evidence to establish grounds for termination.  So we reverse the juvenile court’s order terminating the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A mother, Tiana, appeals the termination of her parental rights to her fourth child, M.C.  She argues the State failed to present clear and convincing evidence to support the statutory basis for terminating her rights.  OPINION HOLDS: Because Tiana refuses to address her substance-abuse issues, is not forthcoming about domestic abuse possibilities, refuses to engage in individual therapy and has not cooperated with DHS workers, we find that Tiana is unwilling to respond to services.  Also, after viewing the record as a whole, we find clear and convincing evidence that more time for rehabilitation would not fix the problems with Tiana’s parenting.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (6 pages)

            A mother appeals the termination of her parental rights to her child, born in 2013.  The mother contests termination pursuant to Iowa Code section 232.116(1)(l) (2019) and argues termination is not in the child’s best interest.  OPINION HOLDS: The statutory grounds for termination are met pursuant to section 232.116(1)(f), which the mother did not contest.  Furthermore, we find termination is in the child’s best interest and no permissive exceptions to termination apply.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (8 pages)

            A mother appeals the termination of her parental rights to her two children, born in 2016 and 2017.  She challenges the sufficiency of the evidence supporting the statutory grounds for termination cited by the juvenile court, argues termination is not in the children’s best interests because of the closeness of the parent-child bond, and maintains she should have been granted additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for O'Brien County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (6 pages)

            Kimberlin Pettus appeals from the decree dissolving her marriage.  She claims the district court erred in awarding the parties joint physical care of their children, determining child support, and declining to award her attorney fees.  Kimberlin also seeks appellate attorney fees.  OPINION HOLDS: A joint physical care arrangement is in the children’s best interests.  The district court’s decision determining child support or declining to award Kimberlin attorney fees was not inequitable.  We decline to award her appellate attorney fees.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to four children, contending the State failed to prove the grounds for termination cited by the juvenile court.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the mother’s parental rights.

            Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS:  The mother physically abused the children and she does not have the ability to meet their special needs.  We conclude termination of her parental rights is in the children’s best interests.  Also, there is not clear and convincing evidence to show termination of the mother’s rights would be detrimental to the children based on the closeness of the parent-child relationship.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother in prison for physically abusing one of her four children appeals an order terminating her parental rights to those four children.  OPINION HOLDS: Finding no merit to the claims of error, we affirm the juvenile court.

            Appeal from the Iowa District Court for Cherokee County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., May, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  Partial Dissent by May, J.  (10 pages)

            Pursuant to a 2017 permanency order, R.C. is placed in the custody of his father and resides in a residential care facility for children with special needs.  R.C.’s mother filed motions requesting paternity testing on R.C. and asking for expanded visitation with him.  The juvenile court concluded neither request was in R.C.’s best interests, denied the mother’s motions, and otherwise affirmed the permanency order on review.  OPINION HOLDS: The juvenile court should have ordered paternity testing, so we reverse and remand on this issue.  We otherwise affirm the juvenile court order on permanency review, including the denial of the mother’s request for expanded visitation.  R.C. remains in the custody of the father.  PARTIAL DISSENT ASSERTS: Because the mother cited no statute in support of her motion for paternity testing, I would not reverse the denial of her motion on statutory grounds.