Filed Oct 06, 2021
View Opinion No. 20-1673
View Summary for Case No. 20-1673
Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge. AFFIRMED. Considered by Tabor, P.J., Badding, J., Doyle, S.J. Opinion by Tabor, P.J. (4 pages)
Michael Beard appeals, arguing his consecutive sentences for four counts of sexual abuse were excessive. OPINION HOLDS: The district court acted within its discretion. We affirm.
Filed Oct 06, 2021
View Opinion No. 20-1732
View Summary for Case No. 20-1732
Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge. WRIT SUSTAINED, CASE REMANDED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Schumacher, J. (3 pages)
Nelson Hernandez appeals an order for restitution following his criminal convictions. He argues the district court violated his due process rights by ordering him to pay restitution of $593.80 in costs and $125.00 in surcharges without holding a hearing on his reasonable ability to pay and erred in reopening the record on the issue of restitution. OPINION HOLDS: We vacate the court’s order determining Hernandez was reasonably able to pay $593.80 in costs, and we remand the matter to the district court to clarify that Hernandez is only responsible for items not subject to a reasonable-ability-to-pay determination—the surcharge and penalty—totaling $375.00.
Filed Oct 06, 2021
View Opinion No. 21-0146
View Summary for Case No. 21-0146
Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Ahlers, JJ. Opinion by Ahlers, J. (7 pages)
A relative of the child appeals the district court’s denial of a permanent guardianship. OPINION HOLDS: The relative failed to prove the elements necessary to establish a guardianship without parental consent, and accordingly we affirm.
Filed Oct 06, 2021
View Opinion No. 21-0161
View Summary for Case No. 21-0161
Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Vaitheswaran, J. (3 pages)
Jake Wallen appeals from the sentences imposed by the district court, contending “[t]he district court abused its discretion when it ordered [him] to serve prison sentences.” OPINION HOLDS: We affirm Wallen’s sentences.
Filed Oct 06, 2021
View Opinion No. 21-0242
View Summary for Case No. 21-0242
Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge. AFFIRMED IN PART AND REVERSED IN PART. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Vaitheswaran, J. Partial Dissent by Schumacher, J. (13 pages)
A mother appeals adjudicatory and dispositional orders filed in a child-in-need-of-assistance proceeding. She contends (1) the State failed to prove the grounds for adjudication cited by the district court; (2) the State failed to make reasonable reunification efforts; and (3) the district court should not have placed the children with their father. OPINION HOLDS: We affirm the child-in-need-of-assistance adjudication under Iowa Code section 232.2(6)(c)(2) (2020). We reverse the adjudication under Iowa Code sections 232.2(6)(b) and (n). DISSENT ASSERTS: Clear and convincing evidence exists that the mother was “imminently likely to abuse or neglect” M.O. and Z.O. Accordingly, M.O and Z.O.’s adjudication pursuant to Iowa Code section 232.2(6)(b) should be affirmed.
Filed Oct 06, 2021
View Opinion No. 21-0447
View Summary for Case No. 21-0447
Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Vaitheswaran, J. (4 pages)
David Cox appeals the district court’s revocation of his deferred judgment and imposition of a prison sentence, arguing the “district court abused its discretion by imposing a prison sentence after revoking [his] deferred judgment.” OPINION HOLDS: We affirm the revocation and imposition of Cox’s sentence.
Filed Oct 06, 2021
View Opinion No. 21-0901
View Summary for Case No. 21-0901
Appeal from the Iowa District Court for Greene County, Joseph McCarville, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Schumacher, J. (11 pages)
A mother appeals a district court order terminating her parental rights. OPINION HOLDS: We reject the mother’s claim that the district court improperly took judicial notice of a timeline submitted by the State. There is sufficient evidence in the record to support termination of the mother’s parental rights. Termination is in the children’s best interests and none of the exceptions to termination should be applied. We affirm the decision of the district court.
Filed Oct 06, 2021
View Opinion No. 21-0926
View Summary for Case No. 21-0926
Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge. AFFIRMED ON BOTH APPEALS. Considered by Tabor, P.J., Greer, J., and Danilson, S.J. Opinion by Danilson, S.J. (9 pages)
A mother and father separately appeal from the termination of their parental rights to their child, K.R.-W., born in 2019. Both contend the State failed to prove the grounds for termination cited by the juvenile court and the court erred by not placing the child in a guardianship with a maternal cousin. The mother further contends the department of human services failed to make reasonable efforts toward reunification. OPINION HOLDS: Upon our review, we affirm on both appeals.
Filed Oct 06, 2021
View Opinion No. 21-0979
View Summary for Case No. 21-0979
Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Bower, C.J. (5 pages)
A mother and a father separately appeal the termination of their parental rights, contending an exception exists to avoid termination. OPINION HOLDS: We affirm on both appeals.
Filed Oct 06, 2021
View Opinion No. 21-1036
View Summary for Case No. 21-1036
Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge. AFFIRMED. Considered by Mullins, P.J., and May and Ahlers, JJ. Opinion by May, J. (5 pages)
A mother appeals the termination of her parental rights. OPINION HOLDS: The State established statutory grounds authorizing termination. Termination is in the children’s best interests. And the parent-child bonds should not preclude termination.
Filed Oct 06, 2021
View Opinion No. 21-1065
View Summary for Case No. 21-1065
Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Schumacher, J. (9 pages)
A father appeals from a district court order terminating the father’s parental rights. OPINION HOLDS: Clear and convincing evidence supports a statutory ground relied on by the district court, termination is in the children’s best interest, and a permissive exception should not be applied.
Filed Sep 22, 2021
View Opinion No. 19-1228
View Summary for Case No. 19-1228
Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge. AFFIRMED. Considered by Tabor, P.J., Greer, J., and Danilson, S.J. Opinion by Danilson, S.J. (9 pages)
Dantreon Newman appeals following his guilty plea to lascivious acts with a child, claiming his trial counsel was ineffective in failing to request that he be “examined for competency” or use his “mental health state to assert a diminished capacity defense” and the district court “should have ordered a competency hearing.” OPINION HOLDS: Upon our review, we affirm Newman’s conviction.