October 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (10 pages)

            Paul Belk appeals his convictions for second-degree murder.  He claims he was legally insane when he stabbed his victims and the State failed to provide sufficient evidence of malice aforethought.  He also claims he received ineffective assistance of counsel.  OPINION HOLDS: There was sufficient evidence of Belk’s sanity and malice aforethought.  We cannot consider his ineffective-assistance claims on direct appeal.

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (4 pages)

            Joseph Cruz claims the district court improperly considered the possibility his other convictions would be overturned on appeal when it ordered his ten-year sentence to run consecutively to those convictions.  OPINION HOLDS: We find the district court relied on an improper factor when sentencing Cruz.  Accordingly, we vacate his sentence and remand for resentencing before a different judge. 

            Appeal from the Iowa District Court for Sioux County, Jeffrey L. Poulson, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Bower, C.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (28 pages)

            The Willard TeGrootenhuis Revocable Trust dated April 15, 2013 (the Trust) appeals the foreclosure decree, asks us to interpret the language of a mortgage it gave to Primebank Inc. (Primebank) to secure the debt of the trustee’s son, Scott TeGrootenhuis.  More specifically, the Trust asks us to set the order the sale proceeds are applied to the various defendants’ outstanding debts; it also challenges the ruling Primebank can recover attorney fees from the Trust.  OPINION HOLDS: Because we find no ambiguity in the relevant mortgage provisions, we agree with the district court that the contract should be applied as written.  We affirm in part and reverse in part the district court’s ruling regarding Primebank’s right to recover attorney fees from the Trust. 

            Appeal from the Iowa District Court for Johnson County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Bower, C.J.  (5 pages)

            Myron Dorsey appeals the transitional spousal support ordered upon the dissolution of his marriage to Kathryn Dorsey.  OPINION HOLDS: Finding no failure to do equity, we affirm.  Myron shall pay $10,000 toward Kathryn’s appellate attorney fees. 

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Gay Do Htoo appeals from the sentences imposed following his guilty pleas to third-degree burglary in two separate cases, arguing the district court abused its discretion in declining to grant him probation with placement at Fort Des Moines, additional time in jail, or concurrent rather than consecutive sentences. OPINION HOLDS: We affirm the imposition of those sentences as well as the decision to impose them consecutively.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Bower, C.J.  (5 pages)

            Spencer Jerrick Carter appeals the sentence imposed for his conviction for domestic abuse assault, second offense, claiming the court abused its sentencing discretion.  OPINION HOLDS: The court’s reasons for the sentence imposed were neither untenable nor unreasonable.  We affirm.

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge, and Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Rayshaun Friend appeals the denial of his motion to suppress, claiming officers did not have reasonable suspicion for a traffic stop.  OPINION HOLDS: We affirm the district court’s denial of Friend’s suppression motion and his conviction, judgment, and sentence.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the order dismissing her petition to terminate a father’s parental rights under Iowa Code chapter 600A (2022).  OPINION HOLDS: Because the mother failed to present clear and convincing evidence showing the father abandoned the child, we affirm.

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds authorizing termination, argues termination is not in the children’s best interests, and requests we apply an exception to termination and establish guardianships for the children.  OPINION HOLDS: The statutory ground authorizing termination is satisfied.  Termination is in the children’s best interests, so we decline to apply an exception to termination or to establish guardianships as an alternative to termination.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (7 pages)

            A father appeals the termination of his parental rights.  He argues the juvenile court should have extended his deadline for reunification.  He also contends the State failed to offer clear and convincing evidence that his parental rights should be terminated under statutory grounds.  OPINION HOLDS: The record does not support the father’s claims for relief.  The father offered no factors justifying a delay in termination and, because the child has been removed for a sufficient amount of time, we find statutory grounds satisfied.  We affirm.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            The mother appeals the termination of her parental rights to four of her children.  She challenges the grounds for termination, asserts the loss of her rights is not in the children’s best interests, and urges us to apply an exception to termination to save the parent-child relationships.  In the alternative, she requests additional time to work toward reunification or that the children be placed in a guardianship with their maternal great-grandparents while she maintains her parental rights.  OPINION HOLDS: We cannot say the mother could resume parenting if given a short extension, and a guardianship is not in the children’s best interests.  We affirm termination of the mother’s rights to S.H., A.H., and L.H. under Iowa Code section 232.116(1)(f) (2022) and to L.B. under paragraph (h). 

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A father appeals the adjudication of his child as a child in need of assistance.  OPINION HOLDS: The State established both grounds for adjudication.