2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Mills County, Craig Dreismeier, Judge.  SENTENCE VACATED IN PART AND REMANDED WITH DIRECTION.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J. (7 pages)

            Zachary Liddick challenged the mandatory minimum sentence imposed, arguing the district court did not properly apply the factors applicable to juvenile offenders.  He also asserts the imposed fine is an illegal sentence.  OPINION HOLDS: We discern no abuse of discretion in the court’s imposition of a mandatory minimum sentence.  However, there is no statutory authority supporting the fine, and we therefore vacate that portion of the sentence and remand for a corrected sentencing order.

            Appeal from the Iowa District Court for Polk County, Kimberly S. Ayotte, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS:  Because the child could not be returned to the mother’s care at the time of the termination hearing, termination of her parental rights was proper.

             Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights, contending (1) the State failed to prove the grounds for termination, (2) termination is not in the children’s best interests, and (3) termination would be detrimental to the children due to the closeness of their parent-child relationship.  OPINION HOLDS: Finding no grounds for reversal, we affirm.  

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The juvenile court did not abuse its discretion by denying the mother’s motions to continue, the grounds for termination were established, termination is in the child’s best interests, and a guardianship is not appropriate.  We affirm.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            A father appeals the termination of his parental rights to his children, born in 2018 and 2019.  OPINION HOLDS: We affirm the district court’s denial of the permissive exception to termination set forth in section 232.116(3)(c) (2021) and the termination of the father’s parental rights to the children.

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The statutory grounds authorizing termination are met.  Termination is in the child’s best interest.  And we do not apply any exception to termination.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother contends the termination of her parental rights is not in the child’s best interests.  OPINION HOLDS: Termination of parental rights and adoption will best provide for the child’s need for permanency and stability.  We affirm.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother’s contest to the statutory grounds for termination was not preserved for our review.  On our de novo review of the record, we find termination is in the child’s best interests. 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the child cannot be safely returned to the mother’s care, the mother is not able to provide the child with the stability she deserves, and none of the permissive factors preclude termination. 

            Appeal from the Iowa District Court for Benton County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            A mother appeals from the termination of her parental rights to her children, contending termination was not in the best interests of the children.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (21 pages)

            A jury convicted James Robinson Jr. of burglary in the first degree, willful injury causing serious injury, first-degree harassment, and false imprisonment.  Robinson, who represented himself at trial, appeals.  He (1) raises a fair cross-section challenge to his jury pool; (2) argues he was neither competent to stand trial nor waive his right to counsel and represent himself; (3) maintains the district court abused its discretion in denying his motion to strike a potential juror for cause; and (4) contends a jury instruction contained a prejudicial error, which he asks us to review after adopting a plain error standard for self-represented defendants.  OPINION HOLDS: Robinson waived his fair cross-section challenge when he acquiesced to the remedy provided to him by the district court, and his claims of ineffective assistance fail.  Robinson did not prove he was prejudiced by the court’s denial of his motion to strike a juror for cause, so that claim also fails.  And, finally, we are not at liberty to use plain error review to consider Robinson’s claim about a flawed jury instruction.  We affirm Robinson’s convictions. 

            Appeal from the Iowa District Court for Scott County, Henry W. Latham, IlI, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (17 pages)

            Christopher Dixon appeals his convictions for first-degree murder, first-degree robbery, and conspiracy to commit a forcible felony.  He alleges there is insufficient evidence to support any of his convictions.  He also argues his sentence is unconstitutional because it violates his due process rights and is cruel and unusual.  He contends the court erred in ordering his sentences run consecutively, suggesting the robbery conviction should merge into his murder conviction.  Finally, he argues the court abused its discretion during sentencing.  OPINION HOLDS: We find there is sufficient evidence for the convictions, his sentence is not unconstitutional, his sentences for the first-degree murder and first-degree robbery should not merge, and the court did not abuse its discretion in sentencing.  As a result, we affirm.