March 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            A mother appeals the termination of her parental rights, contending there was not clear and convincing evidence the child could not be returned to her care at the time of the termination hearing and termination is not in the child’s best interests.  OPINION HOLDS: Because a ground for termination exists and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Linn County, Carrie Bryner, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  The statutory grounds for termination were met, termination was in the children’s best interests, and a permissive exception does not preclude termination.  Accordingly, termination was properly ordered.

            Appeal from the Iowa District Court for Union County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            The mother of A.G., born in 2019, appeals the termination of her parental rights.  The juvenile court terminated the mother’s rights pursuant to Iowa Code section 232.116(1)(b), (d), (e), (h), and (l) (2021).  The mother purports to challenge each of the statutory grounds for termination and argues the loss of her parental rights is not in the child’s best interests.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother failed to properly challenge all statutory grounds for termination, termination was in the child’s best interests, and granting an additional six months to work towards reunification is unwarranted.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the father’s parental rights and termination is in the children’s best interests.  We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, William Kelly and Scott D. Rosenberg, Judges.  AFFIRMED.  Considered by Ahlers, P.J., Potterfield, S.J., and Mullins, S.J.  Opinion by Potterfield, S.J.  (14 pages)

            Abdalla Mousa appeals his conviction for third-degree sexual abuse, contending there is insufficient evidence the sex act was “by force or against the will of” the complainant, C.K.  Mousa also asserts the trial court erred in allowing hearsay statements made ten to twelve hours after the incident as an excited utterance; the court improperly instructed the jury as requested by defense counsel; counsel were ineffective in requesting an erroneous jury instruction; and the court improperly concluded his waiver of Miranda rights was knowing, intelligent, and voluntary.  OPINION HOLDS: Finding sufficient evidence supports the conviction for third-degree sexual abuse, no error in admitting C.K.’s excited utterances, and that Mousa’s Miranda waiver was knowing and voluntarily entered, we affirm the conviction.  We do not address claims of ineffective assistance of counsel on direct appeal.

            Certiorari to the Iowa District Court for Scott County, Stuart P. Werling, Judge.  WRIT SUSTAINED AND REMANDED.  Considered by May, P.J., Potterfield, S.J., and Mullins, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            In a certiorari action, Keith Bass challenges the district court’s summary denial of his request for a restitution hearing in two separate cases.  OPINION HOLDS: We sustain Bass’s writ of certiorari; on remand, the district court should consider his reasonable ability to pay the court costs in FECR361040 and FECR362818.  Bass is not entitled to appointed counsel for the restitution hearing.   

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The State Public Defender (SPD) appeals an order to pay expert witness fees.  OPINION HOLDS: The applicant’s entitlement to one attorney is the only issue properly presented for our review.  The witness was serving as an expert witness, not an additional attorney representing the applicant.  We find no error in the court’s conclusion that the SPD improperly denied the fee claim.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  WRIT ANNULLED.  Heard by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Corey Larvick challenges the district court’s denial of his application to modify sex-offender-registration requirements.  OPINION HOLDS:  Larvick should have initiated this proceeding by writ of certiorari, but, nonetheless, we still reach the merits of his argument.  The district court did not abuse its discretion in denying Larvick’s request.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by May, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Daniel Rossow appeals and Linda Rossow cross-appeals the ruling on Linda’s motion to modify the child custody and visitation provisions of the decree dissolving their marriage.  OPINION HOLDS: Because a substantial and material change in circumstances warrants modifying the physical care provisions of the dissolution decree, we reverse the modification ruling to grant Linda physical care of the parties’ children and remand to the district court to determine an appropriate visitation schedule and Daniel’s child support obligation based on the present financial circumstances of the parties and the child support guidelines.  We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for O’Brien County, Charles Borth, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Mohamed Hassan Ali appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: The district court did not err in determining Ali’s application was time-barred under Iowa Code section 822.3 (2020).  We affirm.

            Appeal from the Iowa District Court for Black Hawk County, William Patrick Wegman, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  Dissent by May, J.  (16 pages) 

            Kelvin Scott appeals his convictions for operating while intoxicated, second offense, and driving while barred.  He contends his pleas were unknowing and involuntary.  OPINION HOLDS: Granting discretionary review, we find the district court did not abuse its discretion in denying Scott’s motion in arrest of judgment seeking to withdraw his pleas.  We affirm.  DISSENT ASSERTS: Although the parties have briefed the jurisdictional question, the defendant has provided no viable argument for jurisdiction.  So I believe we should dismiss.  I respectfully dissent.