April 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (3 pages)

            Adam Nelms appeals the imposition of consecutive sentences upon his convictions.  He argues “the district court failed to explicitly state the reasons for imposing consecutive sentences.”  OPINION HOLDS: Upon our review, we find the district court’s cursory explanation sufficient to allow appellate review of the trial court’s discretionary action and the court provided sufficient reasons for its decision to impose consecutive sentences.  We affirm.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Caleb Birch challenges his sentence for the crime of possession with intent to deliver marijuana.  Birch claims the district court improperly considered unproven and unadmitted offenses.  OPINION HOLDS: In sentencing Birch, the district court referenced details that were part of the crime to which Birch pleaded guilty, and the record establishes Birch admitted those facts.  Therefore, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Clinton County, Tamra Roberts, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (21 pages)

            Niki Greenwood appeals the district court’s award of joint physical care of her minor child with Adam Haugen, in which the parents are to evenly split physical care.  Adam seeks to uphold the joint physical care arrangement.  Niki argues she should receive physical care of the child because joint physical care is not in the child’s best interest, in part because it would result in separating the child from her older half-sister.  OPINION HOLDS: Because we think physical care of the child with Niki better serves the best interests of the child, we modify the physical-care provision and visitation schedule and remand to the district court to determine the appropriate child-support obligation.

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (14 pages)

            Tobiah Budden and Lady Joana Budden were married and have one daughter together, C.J.B.  Tobiah and Lady divorced, and Lady was awarded physical care of C.J.B.  Tobiah appeals the award of physical care to Lady.  Tobiah also appeals the denial of his motion for a new trial based on newly discovered evidence.  Further, Tobiah appeals the district court’s modification of the passport and child support provisions of the dissolution decree.  And lastly, both parties request appellate attorney fees.  OPINION HOLDS: Recognizing the strong interest in maintaining sibling relationships, we affirm the award of physical care to Lady, who also provides a home for C.J.B.’s two half-sisters.  We find no abuse of discretion in the district court’s denial of Tobiah’s motion for new trial.  Further, we uphold the modifications of the passport and child-support provisions.  Lastly, we hold that both parties shall pay their own appellate attorney fees.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Potterfield, S.J.  Opinion by Bower, C.J.  (5 pages)

            Eddie Risdal appeals the summary dismissal of his most recent application for postconviction relief challenging his 1986 convictions for second-degree sexual abuse and third-degree sexual abuse.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            The mother of a minor child appeals the decision of the district court granting the child’s father physical care and setting the mother’s visitation rights.  OPINION HOLDS: Because the mother put the child in harm’s way by abusing methamphetamine and other concerns with her parenting, we agree physical care of the child should be placed with the father.  We modify visitation to continue the parties’ prior arrangement of allowing the child to visit with the mother every Wednesday.  We deny both parties’ claims for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (4 pages)

            Ronald Cole claims his sentence for operating while intoxicated, first offense, is illegal.  He implies it is grossly disproportionate to his crime and, thus, violates his constitutional protection against cruel and unusual punishment.  He also appears to argue the sentencing court abused its discretion in not properly addressing his potential for rehabilitation through probation and treatment.  OPINION HOLDS: Cole’s sentence is well within the statutory limits.  We reject his argument that suggests the sentence imposes cruel and unusual punishment.  We also find no abuse of discretion on the part of the sentencing court.

            Appeal from the Iowa District Court for Fremont County, Michael Hooper, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (6 pages)

            Dusty VanRenan appeals the child-custody provision of the decree dissolving his marriage to Amber VanRenan.  He argues the district court should have either enforced the mediated parenting plan or awarded the parties shared physical care of the children.  OPINION HOLDS:  We agree with the district court that shared physical care is not in the best interest of the children and that deviation from the mediated parenting plan was, thus, warranted.  The children are most likely to fulfill the statutory and common-law goals of health, physically and mentally, and social maturity in Amber’s care.  Accordingly, we agree with the district court’s order awarding Amber physical care of the children.  We remand to the district court for consideration of the appellate-attorney fee award.

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: An extension of time is not warranted due to the mother’s lack of progress, a guardianship is not appropriate, and termination is in the child’s best interests.  We affirm.

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            The mother appeals the denial of her petition to terminate the father’s parental rights to B.C., who was born in 2010.  The mother alleged two statutory grounds for termination: abandonment and conception as a result of sexual abuse.  The district court found one of the statutory grounds for termination was proved—the child was conceived as a result of sexual abuse—but concluded termination is not in B.C.’s best interests.  OPINION HOLDS: Because the father’s stated desire to be part of B.C.’s life has not been matched by actions and the family B.C. recognizes is that of his mother, stepmother, and brother, we find termination of the father’s rights is in B.C.’s best interests.  We reverse the ruling of the district court and remand for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A father appeals the district court order terminating his parental rights.  OPINION HOLDS: We find termination of the father’s rights is supported by the evidence, an extension of time for reunification is not warranted, and none of the permissive exceptions to termination should be applied.  We also reject the father’s reasonable-efforts argument.  Accordingly, we affirm the decision of the district court.

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (8 pages)

            A father appeals the termination of his parental rights under Iowa Code chapter 600A (2020).  OPINION HOLDS: We find sufficient evidence supports terminating the father’s parental rights for abandonment and termination is in the children’s best interests.  We affirm the termination of the father’s parental rights.