2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J. (4 pages)

            Toyreon Foster Stevensen appeals the sentence imposed following his guilty pleas.  OPINION HOLDS: On our review, we find no abuse of the court’s discretion and affirm. 

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., Tabor, J., and Carr, S.J.  Opinion Tabor, P.J.  (12 pages)

            A father appeals the district court’s modification ruling that reduced his visitation time with his two sons and increased his child-support obligations.  OPINION HOLDS: Because we find it is not in the children’s best interest to reduce the father’s overnight visits, we amend the district court’s modification ruling to restore his overnight visitations.  We also find no substantial change in circumstances justified recalculating his child-support payments.  Thus we reinstate the monthly child-support payments of $1400 from the original decree. 

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson and John D. Telleen, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J. (4 pages).

            David Griffin appeals the district court’s sentencing order, contending the district court “impermissibly considered unproven facts” and abused its discretion in “imposing and not suspending [his] sentence of incarceration.”  OPINION HOLDS: We affirm the district court’s sentencing order.

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            The father of a minor child appeals the juvenile court’s decision terminating his parental rights in this private termination proceeding.  OPINION HOLDS: We agree the mother established statutory grounds of abandonment in spite of her inappropriate efforts to block the father’s access to the child.

            Appeal from the Iowa District Court for Linn County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Sarah Pendergast appeals the district court order denying her application for declaratory judgment.  OPINION HOLDS: An application for declaratory judgment is not the proper vehicle by which to modify the visitation provisions of a dissolution decree.  Therefore, we affirm.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            A paternal grandmother appeals the denial of her petition for guardianship and custody of two children following an order terminating parental rights.  OPINION HOLDS: Because the children’s interests are best served by placing the children in the DHS’s custody for purposes of adoption, we affirm the denial of the paternal grandmother’s petition for guardianship and custody.

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground for termination.  We decline to apply an exception to termination for the purposes of establishing a guardianship as an alternative to termination.

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (17 pages)

            The father appeals the termination of his parental rights to his eight-year-old daughter under Iowa Code section 232.116(1)(e) and (f) (2020).  OPINION HOLDS: The State failed to prove by clear and convincing evidence a nexus between the father’s marijuana use and an appreciable risk of adjudicatory harm to the child so as to support termination of parental rights.

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The juvenile court was correct in finding statutory grounds for termination satisfied and termination to be in the child’s best interest.

            Appeal from the Iowa District Court for Keokuk County, Daniel Kitchen, District Associate Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (9 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the father was not prejudiced by the disputed exhibit, clear and convincing evidence supports termination, termination is in the child’s best interests, no factor weighs against termination, and a guardianship is not appropriate.  We affirm and remand to the juvenile court for entry of a nunc pro tunc order.

            Appeal from the Iowa District Court for Black Hawk County, Stephen C. Clarke, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (4 pages).

            A mother appeals the termination of her parental rights to her children, contending the district court should have afforded her six additional months “to demonstrate her safe lifestyle” and therefore termination is not in the best interests of the children.  OPINION HOLDS: We affirm termination of the mother’s parental rights to his children

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Tabor, JJ.  Opinion by Doyle, J.  (6 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because the child cannot be returned to the father’s care without exposing the child to adjudicatory harm, termination is appropriate under Iowa Code section 232.116(1)(h) (2019).  Providing the father with additional visitation would not have changed the outcome.  Given the father’s inability to provide for the child’s care after two years, termination is in the child’s best interests and no additional time is warranted.