2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals the termination of her parental rights concerning her young daughter.  OPINION HOLDS: Finding the statutory ground relied on by the district is supported by the evidence, termination is in the child’s best interest, and no permissive exception should be applied, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (9 pages)

            The father and mother separately appeal the termination of their parental rights to their children, A.O. and B.O., born in 2014 and 2012, respectively.  The father’s rights were terminated pursuant to Iowa Code section 231.116(1)(e), (f), and (l) (2020).  The mother’s rights were terminated pursuant to section 231.116(1)(e) and (f).  Both parents challenge the sufficiency of evidence supporting the statutory grounds for termination.  Each parent also challenges whether termination is in the children’s best interests and maintain an exception to termination should be applied to save the parent-child relationships.  OPINION HOLDS: We affirm the termination of both parents’ parental rights. 

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            A father appeals the termination of his parental rights to a fourteen-year-old son, T.R.  He contends the State failed to prove the statutory ground for termination, it was not in the child’s best interests, and the parent-child relationship should preclude termination.  OPINION HOLDS: We reject each ground urged by the father on our de novo review and affirm the juvenile court.

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

            Parents separately appeal the termination of their parental rights to their two children, born in 2015 and 2020.  They contend the State failed to prove grounds for termination.  They argue termination is not in the children’s best interests and that permissive factors preclude termination.  The parents also ask for more time.  OPINION HOLDS: We conclude the State presented sufficient evidence to support termination of the parents’ parental rights and that termination is in the best interest of the children.  We decline to apply any permissive factor to avoid termination.  We reject the parents’ request for more time.  We therefore affirm the juvenile court’s termination of the parents’ parental rights to their two children.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights pursuant to Iowa Code section 232.116(1)(f) (2020).  She contends grounds for termination were not proved, termination of her parental rights is not in the children’s best interests, and permissive factors allow the court to avoid termination of her parental rights.  OPINION HOLDS: Because the mother’s substance-abuse and mental-health concerns have not been adequately addressed and interfere with her ability to provide consistent and stable parenting, we affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (5 pages)

            A father appeals the termination of his parental rights to his child, born in 2017.  He challenges the sufficiency of the evidence for termination and the district court’s decision to terminate his parental rights when the child was in the mother’s care.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for O’Brien County, David C. Larson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., May, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother and father each appeal the termination of their parental rights.  OPINION HOLDS: There is sufficient evidence to support termination of the mother’s parental rights, and the State engaged in reasonable efforts to reunite her with the children.  There is also sufficient evidence regarding termination of the father’s parental rights, it would not be in the children’s best interests to grant an extension of time, and none of the exceptions to termination should be applied.  We affirm the juvenile court’s decision on both appeals.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (9 pages)

            A father, Randy, appeals the termination of his parental rights to two-year-old K.D.  He contends the court should have granted him a six-month extension to work toward reunification.  He also argues the State failed to prove the grounds for termination and termination was not in the child’s best interests.  OPINION HOLDS: Based on ongoing concerns with the father’s substance‑abuse, mental-health, and anger-management issues, we concur with the juvenile court in denying his request for a six-month extension.  We find termination is in K.D.’s best interests.  Thus, we affirm the juvenile court’s termination order. 

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  CONVICTION AND JUDGMENT AFFIRMED; SENTENCE VACATED IN PART AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J. (6 pages)

            Taevon Washington appeals the judgment and sentence entered on his convictions of two counts of third-degree sexual abuse, challenging (1) the sufficiency of the evidence supporting the findings of guilt and (2) certain aspects of his sentence.  OPINION HOLDS: We affirm Washington’s convictions.  We vacate that portion of the sentencing order requiring Washington to complete sex offender treatment, and we also vacate that portion of the sentencing order requiring Washington to make restitution and we remand for further proceedings.

            Appeal from the Iowa District Court for Floyd County, Colleen Weiland, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (20 pages)

            Edgar Concepcion Jr. appeals the district court’s denial of his postconviction-relief application.  He contends: (1) he was actually innocent of the crimes, (2) his trial attorney was ineffective in failing to challenge his competency to stand trial and the trial court violated his due process rights by failing to suspend the trial to assess his competency, (3) certain medical testimony was inadmissible under recent precedent, (4) his trial attorney was ineffective in stipulating to probable cause for detention, and (5) the interrogation method used by law enforcement officers was unconstitutional.  OPINION HOLDS: We affirm the denial of Concepcion’s postconviction-relief application.

Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Demarkus Ruckman appeals the denial of his second application for postconviction relief, claiming ineffective assistance of trial counsel and PCR counsel for failing to challenge aspects of his guilty plea and plea colloquy.  OPINION HOLDS: Because Ruckman fails to demonstrate he was prejudiced by any alleged error of trial or PCR counsel, we affirm denial of his second application for PCR.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (9 pages)

            Ashley Rees appeals her conviction for theft in the second degree as a habitual offender.  OPINION HOLDS: Having addressed the issues before us on appeal, we affirm.