April 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            The mother appeals the termination of her parental rights to her three children, K.A.-C, M.A., and K.A.  OPINION HOLDS: We find the State provided clear and convincing evidence of grounds for termination under Iowa Code section 232.116(1)(f) and (h) (2020), as the children could not be returned to the mother’s care at the time of the termination hearing.  We also conclude termination is in the children’s best interests and decline to apply a permissive exception to termination.  We affirm the district court order terminating the mother’s parental rights.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother, Nichole, appeals the termination of her parental rights to her one-year-old daughter, N.M.  Nichole contends the State did not offer clear and convincing proof to support the grounds for termination.  In the alternative, she asks to defer permanency for six months.  She also argues the juvenile court should have denied the State’s petition to terminate based on her close bond with her daughter.  OPINION HOLDS: We find ample evidence to support termination under section Iowa Code section 232.116(1)(g) (2020).  Nichole’s inability or unwillingness to respond to services prevents us from delaying permanency.  Finally, her close relationship with her daughter does not compel a different result.  We affirm the juvenile court. 

            Appeal from the Iowa District Court for Osceola County, David C. Larson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (11 pages)

            A mother and a father separately appeal the termination of their parental rights.  OPINION HOLDS: Because there is clear and convincing evidence the child cannot be returned to either parent at present, termination was proper under Iowa Code section 232.116(1)(h) (2020).  We reject the parents’ claims that reasonable efforts of reunification were not made.  Moreover, an extension of time to seek reunification is not warranted here, termination is in the child’s best interests, and no permissive exception weighs against termination.  We therefore affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child, contending the State failed to prove the ground for termination cited by the juvenile court, the court should have granted additional time to work toward reunification, and the court should have applied statutory exceptions under Iowa Code section 232.116(3) (2020) to preclude termination.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            A father appeals an order adjudicating his children in need of assistance.  OPINION HOLDS: We affirm the adjudication on the four grounds cited by the district court.

            Appeal from the Iowa District Court for Jones County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            The father appeals the termination of his parental rights.  OPINION HOLDS: Agreeing with the juvenile court that the father has not participated in offered services or demonstrated any consistency engaging with his children, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  Dissent by Vaitheswaran, P.J.  (45 pages)

            Devin Marques Carter challenges his convictions for first-degree murder, two counts of attempted murder, and intimidation with a dangerous weapon, challenging the sufficiency of the evidence supporting his convictions, arguing the district court erred in denying his motion for a new trial, and raising claims of ineffective assistance of counsel.  OPINION HOLDS: Finding sufficient evidence to support the jury’s verdict determining Carter was the shooter, no abuse of discretion in the district court’s denial of Carter’s motion for new trial, and an inadequate record to address Carter’s claims of ineffective assistance of counsel on this direct appeal, we affirm Carter’s convictions.  DISSENT ASSERTS: I believe there is insubstantial evidence to support the jury’s findings of guilt, and I would reverse Carter’s judgment and sentence.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  CONVICTIONS AND JUDGMENTS AFFIRMED; SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Cordarrel Dontya Smith appeals the judgment and sentence entered on his convictions of two counts of sexual abuse in the second degree.  On appeal, Smith argues (1) there was insufficient evidence to support Smith’s convictions for third-degree sexual abuse based on incapacitation; (2) the district court abused its discretion in imposing consecutive sentences; (3) the district court erred in finding Smith had the reasonable ability to pay court costs when the amount of such costs was unknown; and (4) the district court was without authority to order Smith to complete a sex offender treatment program as part of his sentence.  OPINION HOLDS: Smith was not adjudicated guilty of or sentenced for third-degree sexual abuse because those charges merged into the second-degree sexual abuse charges, so we decline to further address his sufficiency-of-the-evidence challenge.  The district court properly considered the appropriate factors in imposing consecutive sentences, and we find no abuse of discretion.  The court erred in ordering Smith to complete a sex offender treatment program and in ordering him to pay court costs when such amounts were unknown, so we vacate those portions of the sentence and remand for further proceedings.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Eliza Walker appeals the district court decision denying her request for postconviction relief.  OPINION HOLDS: Walker has not shown she was prejudiced by the conduct of parole counsel, and therefore, is unable to show she received ineffective assistance of counsel.  We affirm the district court’s decision.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Blane, S.J., takes no part.  Opinion by Potterfield, S.J.  (9 pages)

            Dontrell Neal appeals from the denial of his application for postconviction relief (PCR).  He claims trial counsel provided ineffective assistance by failing (1) to file a motion to sever the two counts against him and (2) to inform him—in the context of his considering whether to accept a plea offer from the State—that content from phone calls he made from jail would be used against him by the State during a trial.  OPINION HOLDS: Neal failed to prove counsel breached an essential duty in either of his ineffective-assistance claims.  Both claims fail, and we affirm the district court ruling denying his application for PCR.

            Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (4 pages)

            Bradley Davisson appeals the sentence imposed after he pled guilty to assault causing bodily injury or mental illness.  On appeal, Davisson argues the district court failed to state sufficient reasoning in support of its sentence and abused its discretion in denying his request for a sixty-day sentence.  OPINION HOLDS: We find the sentencing court’s reasoning sufficient for our review.  The court properly exercised its discretion in imposing Davisson’s sentence. 

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (26 pages)

            Chad Little appeals his convictions for first-degree murder and child endangerment resulting in death.  He asserts (1) the district court admitted improper character evidence; (2) the State offered insufficient proof that he committed the crimes; (3) the verdicts were against the weight of the evidence; and (4) his trial counsel was ineffective.  OPINION HOLDS: On the first issue, we find no abuse of discretion in the admission of prior-bad-acts evidence because the probative value substantially outweighed the risk of unfair prejudice.  On the sufficiency issue, we conclude substantial evidence supported the jury’s guilty verdict for both offenses.  On the third issue, we find no abuse of discretion and affirm the denial of new trial.  As for his ineffective-assistance-of-counsel claims, we preserve two of them for possible postconviction proceedings and reject his third claim.  Finding no grounds for reversal, we affirm the convictions.