2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The district court issued a protective order against Musallam Yassen Faraj after finding Musallam committed a domestic abuse assault against his wife, Sahar Faraj.  On appeal, Musallam claims there was insufficient evidence he committed an assault and the district court erred by restricting his visitation and contact with the couple’s children.  OPINION HOLDS: Upon our de novo review, we find Musallam committed domestic abuse assault and affirm the district court.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Tavion Robinson appeals his sentences for second-degree burglary, third-degree burglary, and unauthorized use of a credit card, arguing that (1) the record contains insufficient evidence to corroborate accomplice testimony on the burglary charges and (2) the district court abused its discretion and considered an impermissible factor in sentencing him.  OPINION HOLDS: Because the record contains sufficient evidence to corroborate the accomplice’s testimony, and because the district court provided a sentence with enough original content founded upon valid considerations, we affirm.

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

            A mother appeals the termination of her parental rights to two children, contending, “[T]he Juvenile Court erred in finding that legally sufficient notice to the parents should be dispensed with in this case without requiring publication, and in subsequently terminating parental rights.”  OPINION HOLDS: We conclude that because the mother’s whereabouts were unknown and could not “be ascertained by reasonably diligent search,” the juvenile court appropriately dispensed with notice of the termination petition.  As the claimed insufficiency of the State’s search efforts is the only issue the mother raises on appeal and we are unpersuaded by that argument, we affirm the termination ruling. 

            Appeal from the Iowa District Court for Palo Alto County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  Special Concurrence by Vaitheswaran, P.J.  (10 pages)

            Carl Hoffmeyer appeals the district court’s denial of his application seeking a credit for child support.  OPINION HOLDS: Upon our review, we agree with the State that Carl’s due process argument was not preserved for our review because it was not raised or ruled on by the district court.  We also agree with the State and district court that the court was without authority to modify retroactively the amount of support due.  So we affirm the district court’s ruling denying Carl’s application.  SPECIAL CONCURRENCE ASSERTS: Equity might dictate relief under these circumstances.  But, as inequitable as the facts appear, I agree with the district court and the majority that Carl failed to seek timely relief.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (5 pages)

            Darnell Demery appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the summary disposition of Demery’s application for postconviction relief.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Following a review-commitment hearing, the district court found R.G. to be seriously mentally impaired pursuant to Iowa Code chapter 229 (2019) and ordered her to undergo inpatient treatment.  R.G. appeals.  OPINION HOLDS: Substantial evidence supports the findings that all elements necessary for civil commitment under chapter 229 have been met.  Therefore, we affirm the district court.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights to her child, asserting termination is not in the child’s best interests.  OPINION HOLDS: Termination of the mother’s parental rights in the child’s best interests. 

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (3 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the mother’s parental rights.

            Appeal from the Iowa District Court for Clinton County, Mark Fowler, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (2 pages)

            A mother appeals an order terminating her parental rights in a proceeding under Iowa Code chapter 600A (2019).  OPINION HOLDS: We affirm the district court order terminating the mother’s parental rights. 

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            A mother appeals the termination of her parental rights to two children.  She contends (1) the State failed to prove the grounds for termination cited by the juvenile court; (2) termination was not in the children’s best interests; and (3) the children’s placement with the father should have precluded termination of her parental rights.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the mother’s parental rights.

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

            Former foster parents for a child appeal the denial of their motion to intervene in a child-in-need-of-assistance case.  OPINION HOLDS: We determine the juvenile court did not err in denying the application to intervene and affirm.

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Clear and convincing evidence supports terminating the father’s parental rights under Iowa Code section 232.116(1)(h) (2019).  The father failed to challenge the State’s reasonable efforts to return the child to his care and has thus waived this claim on appeal.  Termination is in the child’s best interests, and we decline to apply Iowa Code section 232.116(3)(a) to avoid terminating the father’s parental rights.