January 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Decatur County, Patrick Greenwood, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (4 pages)

            Francis Charles Lane appeals the imposed sentence for his conviction.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            Seven property owners—all within 200 feet of a proposed site for a Kwik Star convenience store—challenge the process employed by the City of LeClaire for rezoning.  On appeal, the property owners limit the issues to whether proper notice was provided to the surrounding property owners as required by city ordinance and if their due process rights were violated.  OPINION HOLDS: We find the City substantially complied with the notice requirements and the issue on the property owners’ due process rights was not preserved for appeal.  We affirm.

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED AS MODIFIED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J.  (7 pages)

            Joseph Weinschenk appeals the economic provisions of the decree dissolving his marriage to Natalie Weinschenk.  He argues the court erred in allocating money derived from his premarital equity in real property to Natalie and the court failed to credit him for a home improvement loan liability assigned to him in the decree.  OPINON HOLDS: We modify the property distribution relating to the line of credit and recalculate Joseph’s equalization payment accordingly.

            Appeal from the Iowa District Court for Des Moines County, John M. Wright and Wyatt Peterson, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J. (7 pages)

            Adam Stephen Miller appeals from the sentence imposed following his plea of guilty to third-offense possession of a controlled substance with a habitual-offender enhancement.  Miller contends the district court abused its sentencing discretion in considering an improper factor and failed to consider his reasonable ability to pay for reimbursement of jail fees.  OPINION HOLDS: The district court did not abuse its sentencing discretion, and the judgment for jail fees was not subject to a reasonable-ability-to-pay determination.

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            The father appeals the termination of his parental rights to K.K in an Iowa Code chapter 600A (2019) proceeding.  OPINION HOLDS: Finding the mother established the father abandoned K.K. and termination of the father’s parental rights to K.K. is in the child’s best interest, we affirm. 

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel, Judge.  REVERSED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            Michael True appeals from the district court’s ruling that a Tennessee dissolution decree may be modified to require postsecondary education subsidies.  OPINION HOLDS: Iowa courts do not have the authority to grant relief that is contrary to Tennessee law.  We therefore reverse the district court’s ruling that the Tennessee decree could be modified with respect to possible postsecondary education subsidies.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED AS MODIFIED.  Considered by Doyle, P.J., Mullins, J., and Mahan, S.J.  Opinion by Doyle, P.J.  (16 pages)

            A mother appeals the district court’s ruling awarding physical care of the parties’ minor child to the father and restricting her rights as a joint legal custodian.  OPINION HOLDS: We eliminate the provision awarding the father sole decision making authority over the child’s medical care and educational matters.  The parties are therefore awarded unqualified joint legal custody of the parties’ minor child.  We affirm the district court’s order awarding the father physical care of the child.    

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (4 pages)

            Dorian Parkinson II appeals his sentence for assault causing bodily injury.  OPINION HOLDS: The district court properly exercised its discretion in sentencing Parkinson.  We affirm his sentence.

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (7 pages)

            A father appeals the district court’s order awarding physical care of the parties’ minor child to the mother.  OPINION HOLDS: After considering all relevant factors, and particularly the presumption that siblings, including half-siblings, should not be separated, we affirm the district court’s award of physical care to the mother.

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Justin Cerwick appeals the modification order placing the parties’ children in the physical care of Machelle Peterson, formerly known as Machelle Cerwick.  OPINION HOLDS: We find Machelle has shown a substantial change in circumstances and that she can minister more effectively to the children’s best interests and, therefore, affirm the modification of the physical care provision of the parties’ dissolution decree.  We order Justin to pay $5000 toward Machelle’s appellate attorney fees.  We affirm the decision of the district court.

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

            A mother appeals the termination of her parental rights under Iowa Code chapter 600A (2018).  OPINION HOLDS: We find sufficient evidence supports terminating the mother’s parental rights for abandonment and termination is in the child’s best interest.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Louisa County, Emily S. Dean, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            A mother and the State appeal a permanency order regarding placement of L.H. and E.H.  OPINION HOLDS: Clear and convincing evidence shows the children cannot be returned to the mother’s care.  The mother failed to preserve error on her claim that the juvenile court erred by denying her request that a specific organization provide mental-health services for the children.  Because the children’s best interests are served by placing them with E.H.’s paternal grandparents, we affirm.