2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            A mother appeals the termination of her parental rights.  She claims termination is not in the child’s best interest, we should forgo termination due to the strength of the parent-child bond, and she should be given additional time to work toward reunification.  OPINION HOLDS: Termination is in the child’s best interest.  The parent-child bond is not so strong to preclude termination.  And we do not give the mother additional time to work toward reunification.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Terminating the father’s parental rights will not be detrimental to the child.  Because terminating his parental rights is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Buena Vista County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (12 pages)

            A father and mother separately appeal the termination of their parental rights to three of the parties’ children.  OPINION HOLDS: The State proved termination pursuant to Iowa Code section 232.116(1)(f) (2020), and termination is in the children’s best interests.  The father does not have standing to raise an ineffective-assistance claim on behalf of the children.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., Mullins, J., and Scott, S.J.  Opinion by Scott, S.J.  (6 pages)

            Parents separately appeal the termination of their parental rights.  The mother requests the application of the permissive exception to termination contained in Iowa Code section 232.116(3)(c) (2020).  Both parents argue the court erred in not granting additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of both parents’ parental rights.

            Appeal from the Iowa District Court for Crawford County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Terminating the mother’s parental rights will afford the children the safety and permanency they need.  Because termination is the children’s best interests, we affirm.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS: The juvenile court did not abuse its discretion by denying the father’s motion for a continuance.  There is clear and convincing evidence in the record to support termination of the father’s parental rights and termination is in the best interests of the child.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., May, J., and Blane, S.J.  Tabor, J., takes no part.  Opinion by May, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established the statutory grounds authorizing termination.  Termination is in the children’s best interests.  We decline to apply Iowa Code section 232.116(3)(c) (2020) to preclude termination.  And we do not grant the mother additional time to work toward reunification.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (4 pages)

            Jeremy Davis appeals following his guilty plea to voluntary absence from custody.  OPINION HOLDS:  Davis pled guilty to a crime other than a class A felony and did not establish good cause for considering the appeal under Iowa Code section 814.6(1)(a)(3) (2019).  His ineffective-assistance-of-counsel claim cannot be decided on direct appeal, under section 814.7.  We dismiss Davis’s appeal. 

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever and Mitchell E. Turner, Judges.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (4 pages)

            Earl Lee Riley appeals, alleging defects in the plea procedure, plea counsel was ineffective, and the court did not provided adequate reasons for imposing consecutive sentences.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (11 pages)

            Julie Kraft appeals an adverse summary judgment ruling on her petition for partition and quieting of title.  She argues the court erred in determining the statutes of limitation contained in Iowa Code sections 614.17, 614.17A, 633.487 and 633.488 (2018) were applicable to bar her cause of action.  OPINION HOLDS: We affirm the entry of summary judgment pursuant to sections 614.17 and 614.17A.  We find it unnecessary to address the alternative grounds for summary judgment relied upon by the district court.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  SENTENCE VACATED AND CASE REMANDED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (6 pages)

            Nicholas Iaria II appeals the sentence imposed following his pleas of guilty.  OPINION HOLDS: Because the court used an improper consideration in determining sentence, resentencing of the defendant is required.

            Appeal from the Iowa District Court for Johnson County, Lars Anderson, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (21 pages)

            Brandon Brown appeals the dismissal of his postconviction relief (PCR) action.  Brown argues the PCR court erred in failing to grant relief based on ineffective assistance of trial counsel.  Brown also raises three claims of ineffective assistance of PCR counsel.  OPINION HOLDS: (1) The PCR court did not err in declining to grant relief.  (2) Brown is not entitled to relief as to two of his three claims of ineffective assistance of PCR counsel.  (3) The record is not sufficiently developed to evaluate Brown’s final claim of ineffective assistance of PCR counsel.  (4) Brown is not entitled to remand.  Rather, we preserve Brown’s final claim of ineffective assistance of PCR counsel for possible future litigation.