Filed Apr 28, 2021
View Opinion No. 20-0762
View Summary for Case No. 20-0762
Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge. AFFIRMED ON APPEAL AND CROSS-APPEAL. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by May, P.J. (9 pages)
Alba Maldonado appeals and Orville Gardner cross-appeals the district court’s order dismissing Maldonado’s petition for modification of physical care and child support provisions of their dissolution decree. OPINION HOLDS: We find no grounds to disturb the district court’s order. And we decline to award either party appellate attorney fees.
Filed Apr 28, 2021
View Opinion No. 20-0802
View Summary for Case No. 20-0802
Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge. AFFIRMED. Heard by Doyle, P.J., and Mullins and May, JJ. Opinion by Doyle, P.J. (12 pages)
Andrew Lennette, individually and on behalf of his minor children, appeals the order granting summary judgment in favor of Grace C. Mae Advocate Center (GCM) on claims of negligence, breach of fiduciary duty, and interference with the parent-child relationship. OPINION HOLDS: I. Because there is no showing GCM acted in bad faith, it is immune from liability for its role in reporting or aiding in the investigation of child abuse allegations made against Andrew. II. The record does not support a finding that GCM knowingly failed to report suspected abuse by the children’s mother. III. Standalone claims of professional negligence and breach of fiduciary duty fail because they stem from the same conduct for which GCM has qualified immunity.
Filed Apr 28, 2021
View Opinion No. 20-0820
View Summary for Case No. 20-0820
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (7 pages)
A defendant appeals his sentence following guilty pleas to two controlled substance charges. OPINION HOLDS: We find the district court did not abuse its discretion in sentencing Caulker to a term of imprisonment on each charge. The court did not rely on clearly untenable or unreasonable grounds for the sentence. Finding no abuse of discretion by the district court, we affirm.
Filed Apr 28, 2021
View Opinion No. 20-0876
View Summary for Case No. 20-0876
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Tabor, J., and Mahan, S.J. Opinion by Vaitheswaran, P.J. (5 pages)
Curnet Brewer appeals his conviction for possession of a controlled substance with intent to deliver, as a second or subsequent offender, arguing the district court should have granted him a new trial. OPINION HOLDS: We conclude the district court did not abuse its discretion in denying Brewer’s new-trial motion.
Filed Apr 28, 2021
View Opinion No. 20-1060
View Summary for Case No. 20-1060
Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (4 pages)
Joshua Corcoran appeals his sentences after pleading guilty to three crimes. He argues the district court should have suspended his sentences based on mitigating factors and placed him on probation to receive substance-abuse treatment. OPINION HOLDS: Because the court properly considered all pertinent factors in choosing the sentences, we affirm.
Filed Apr 28, 2021
View Opinion No. 20-1154
View Summary for Case No. 20-1154
Appeal from the Iowa District Court for Des Moines County, Mark Kruse, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Vaitheswaran, P.J. (5 pages)
S.G. appeals from the district court’s order finding her to be seriously mentally impaired and requiring placement at a residential care facility. OPINION HOLDS: We affirm the continuing inpatient hospitalization order.
Filed Apr 28, 2021
View Opinion No. 20-1235
View Summary for Case No. 20-1235
Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge. AFFIRMED. Considered by May, P.J., and Greer and Schumacher, JJ. Tabor, J., takes no part. Opinion by May, P.J. (9 pages)
A mother appeals the termination of her parental rights in a private termination proceeding. OPINION HOLDS: We conclude termination was proper under Iowa Code section 600A.8(3) (2020) and consistent with the child’s best interest. So we affirm.
Filed Apr 28, 2021
View Opinion No. 20-1258
View Summary for Case No. 20-1258
Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge. AFFIRMED AND REMANDED. Considered by Bower, C.J., Mullins, J., and Gamble, S.J. Opinion by Mullins, J. (7 pages)
Andre Horton appeals the denial of his application for postconviction relief. OPINION HOLDS: We affirm the denial of Horton’s application, but we remand the matter to the district court to enter an order reducing the criminal penalty surcharge in proportion to the suspended fine.
Filed Apr 28, 2021
View Opinion No. 20-1422
View Summary for Case No. 20-1422
Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Vaitheswaran, P.J. (7 pages)
Jeffery Mau appeals from the district court’s ruling on the entry of the parties’ qualified domestic relations order (QDRO). OPINION HOLDS: We reverse the district court’s ruling and remand with instructions to approve the proposed QDRO.
Filed Apr 28, 2021
View Opinion No. 20-1460
View Summary for Case No. 20-1460
Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge. AFFIRMED ON BOTH APPEALS. Considered by Bower, C.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (3 pages)
A mother and a father separately appeal the termination of their parental rights to their child. OPINION HOLDS: Because there is no basis for finding the need for the child’s removal will be eliminated if permanency is delayed an additional six months, we affirm.
Filed Apr 28, 2021
View Opinion No. 20-1546
View Summary for Case No. 20-1546
Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ. Opinion by Vaitheswaran, P.J. Special concurrence by Tabor, J. (8 pages)
A mother appeals the termination of her parental rights, contending termination was not in the children’s best interests, the district court should have declined to terminate her parental rights based on the parent-child bonds, and the court should have held separate permanency hearings and termination of parental rights hearings. OPINION HOLDS: We affirm the district court’s termination of the mother’s parental rights to the four children that are a subject of this appeal. SPECIAL CONCURRENCE ASSERTS: I concur with the majority in affirming the order terminating the mother’s parental rights. But I write separately to emphasize the importance of juvenile courts reaching particular written findings for both permanency and termination of parental rights when opting to hold a combined hearing.
Filed Apr 28, 2021
View Opinion No. 21-0059
View Summary for Case No. 21-0059
Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge. AFFIRMED ON BOTH APPEALS. Considered by Bower, C.J., Doyle, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (9 pages)
The mother and father separately appeal the termination of their parental rights to their three children, born in 2010, 2012, and 2018. The mother concedes the statutory grounds for termination were met but argues termination of her rights is not in the children’s best interests so the court should have established a guardianship in the paternal grandmother in lieu of termination. The father challenges the statutory grounds or, in alternative, maintains he should have been given more time to work toward reunification. He also maintains termination of his rights is not in the children’s best interests. OPINION HOLDS: Upon our de novo review, we affirm the termination of both parents’ parental rights.