2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Tabor, J., takes no part.  Opinion by Mullins, J.  (4 pages)

            Gregory Hintze appeals the sentence imposed upon his conviction of extortion, contending the sentencing court considered inappropriate information in imposing sentence.  OPINION HOLDS: Absent an affirmative showing the sentencing court relied on inappropriate evidence, we find no abuse of discretion and affirm. 

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (3 pages)

            KAS Investment Co., Inc., doing business as Swanson Glass, Inc., and its insurance carrier appeal the district court decision affirming the workers’ compensation commissioner’s award of benefits to Joseph Buehlmann.  OPINION HOLDS: We have carefully considered the decision of the commissioner and the district court’s ruling on judicial review of that decision.  We determine we would reach the same result as the district court in this case.  We affirm by memorandum opinion pursuant to Iowa Court Rule 21.26(1)(a), (c), (d), and (e).

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (13 pages)

            Jennifer McInnis appeals the district court’s order to sanction her for defaulting on her obligation to comply with earlier court orders during the divorce proceedings with Brandon McInnis. She also appeals the district court’s denial of her motions to continue and the resulting denial of spousal support.  OPINION HOLDS: Finding no abuse of discretion, we affirm the district court’s refusal to continue the trial and its sanctions for Jennifer’s defaults.  Also, because Jennifer has experience running her own business, has many marketable skills, is under fifty years old, has no serious health issues, has no minor children to support, and received substantial marital assets, we affirm the decree.

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J. (7 pages)

            In this interlocutory appeal, the State challenges a district court order suppressing evidence of a traffic stop.  OPINION HOLDS: We conclude no due process violation occurred.  We agree with the district court the traffic stop was valid.  We reverse the suppression of evidence and remand for further proceedings.

            Appeal from the Iowa District Court for Greene County, Gina C. Badding, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            Kelsey Hostetler appeals the order modifying the shared-care arrangement regarding the parties’ minor child and argues the court erred by granting physical care to the child’s father, Troy Thorpe.  Kelsey argues Troy proved no changed circumstances impacting their 2017 agreed shared-care arrangement.  In the alternative, she urges if physical care is changed she should be the physical care provider.  Finally Troy requests that Kelsey pay the costs of this appeal, including his expense for the transcript.  OPINION HOLDS: In our de novo review we find that a substantial change in circumstances justified modifying the custodial arrangement.  We affirm the district court decision to award Troy physical care.  We deny the request for payment of costs to Troy.

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Daniel Tallman appeals provisions of the court order focused on custody and child support for his and Valarie Levy’s child.  OPINION HOLDS: We conclude that a joint physical care arrangement is in the child’s best interests and reverse the court’s award of physical care to Valarie.  We remand for further proceedings consistent with this opinion.  On remand the district court shall recalculate the appropriate child support obligation.  We decline to award either party appellate attorney fees. 

            Appeal from the Iowa District Court for Story County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (3 pages)

            Dylan Padgett appeals the decree ordering custody of his child with Amy Presley.  OPINION HOLDS: We have reviewed the entire record de novo and find no reason to disturb the custody decree. 

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The father consented to the termination of his parental rights pursuant to Iowa Code section 600A.8(5) (2019).  He now appeals.  OPINION HOLDS: Error was not preserved on any of the father’s issues.  Even if we were to disregard error preservation, the father’s consent was voluntarily and intelligently given, the father’s consent was not required to be in writing, and the father had notice of the amended petition and consented to it.

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (4 pages)

            A mother and a father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: Clear and convincing evidence shows the child could not be safely returned to either parent’s care at the time of the termination.  We affirm the termination of each parent’s rights under Iowa Code section 232.116(1)(h) (2019).  The father failed to preserve error on his reasonable-efforts challenge.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother appeals the termination of her parental rights to two children, aged two and five.  She contests the statutory grounds for termination, argues the State failed to make reasonable reunification efforts, and asserts termination would be detrimental due to the closeness of the parent-child relationship.  OPINION HOLDS: The mother’s ongoing substance-abuse and personal issues render her home unsafe for a return of the children’s custody, so the State proved the statutory ground for termination by clear and convincing evidence.  The mother failed to preserve error on her reasonable-efforts challenge.  She also failed to show the termination would be detrimental to the children.  Accordingly, we affirm the termination of her parental rights. 

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.   

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            A father appeals the termination of his parental rights to his child, contending (1) the State failed to prove the grounds for termination cited by the juvenile court and (2) termination was not in the child’s best interests.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the father’s parental rights.