Filed May 11, 2022
View Opinion No. 21-1073
View Summary for Case No. 21-1073
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. REVERSED AND REMANDED. Considered by May, P.J., and Schumacher and Badding, JJ. Opinion by Badding, J. (7 pages)
Nathaniel McCory appeals the entry of a final protective order following Mara Budweg’s petition for relief from domestic abuse. He argues the district court’s finding that he committed domestic abuse assault against Mara is not supported by substantial evidence. OPINION HOLDS: We find the evidence insufficient to prove an assault. We reverse the decision of the district court and remand for cancellation of the protective order and dismissal of Mara’s petition.
Filed May 11, 2022
View Opinion No. 21-1074
View Summary for Case No. 21-1074
Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (5 pages)
Carl West appeals a district court’s denial of his postconviction relief application, alleging ineffective assistance of counsel. OPINION HOLDS: West failed to meet his burden necessary for postconviction relief. Accordingly we affirm.
Filed May 11, 2022
View Opinion No. 21-1131
View Summary for Case No. 21-1131
Appeal from the Iowa District Court for Story County, John R. Flynn, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ. Opinion by Bower, C.J. (9 pages)
David Willett appeals the amount and duration of alimony awarded to Jami Willett in the dissolution decree, as well as the requirement he maintain life insurance. OPINION HOLDS: Finding no failure to do equity, we affirm.
Filed May 11, 2022
View Opinion No. 21-1149
View Summary for Case No. 21-1149
Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge. AFFIRMED. Considered by May, P.J., and Greer and Chicchelly, JJ. Opinion by Greer, J. (4 pages)
Ronnie Bradley appeals his sentence, arguing the district court used a fixed sentencing policy and failed to consider mitigating factors in reaching its decision. OPINION HOLDS: Because the sentence imposed was within the district court’s discretion and not the result of a fixed policy, and because Bradley has not established a defect in the sentencing proceedings, we affirm.
Filed May 11, 2022
View Opinion No. 21-1252
View Summary for Case No. 21-1252
Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge. AFFIRMED. Considered by May, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (7 pages)
A defendant appeals the sentence imposed by the district court after his guilty plea entered pursuant to a plea agreement. OPINION HOLDS: Because we find no breach of the plea agreement by the prosecutor or abuse of discretion by the district court, we affirm the sentence.
Filed May 11, 2022
View Opinion No. 21-1255
View Summary for Case No. 21-1255
Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Greer, J. (5 pages)
Dijonis Burkett Brown appeals from the dismissal of his postconviction-relief application. He claims the dismissal, based on his counsel’s failure to appear at trial, amounts to structural error. OPINION HOLDS: Structural error occurred, requiring the district court’s dismissal to be reversed and remanded.
Filed May 11, 2022
View Opinion No. 21-1290
View Summary for Case No. 21-1290
Appeal from the Iowa District Court for Lee (South) County, Clinton R. Boddicker, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Badding, J. (9 pages)
A mother appeals the termination of her parental rights to her child. She challenges the sufficiency of the evidence supporting the ground for termination, argues termination is contrary to the child’s best interests, highlights the strength of the parent-child bond, and requests additional time to work toward reunification. OPINION HOLDS: We affirm the termination of the mother’s parental rights.
Filed May 11, 2022
View Opinion No. 21-1492
View Summary for Case No. 21-1492
Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge. AFFIRMED AND REMANDED WITH INSTRUCTION. Considered by Greer, P.J., Ahlers, J., and Scott, S.J. Opinion by Greer, P.J. (20 pages)
Jesse Cickavage challenges a district court’s decision to grant the mother of his children, Sara, a permanent injunction, grant her petition to modify his visitation, and deny his request to modify physical care. Jesse also raises a number of concerns about the consolidated trial where these issues were heard. OPINION HOLDS: Because the injunction does not violate Jesse’s right to free speech, provides Sara relief, and is her only option for remedy, we affirm the district court’s grant of a permanent injunction. Because Jesse did not prove there was a permanent change in circumstances, we affirm the district court’s denial of his request for modification of physical care. Because Sara did meet her burden to show her out-of-state move was not previously contemplated by the court, we affirm the change of visitation. Finally, we find no problem with the trial requiring us to undermine the district court’s decision.
Filed May 11, 2022
View Opinion No. 21-1509
View Summary for Case No. 21-1509
Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt, Judge. AFFIRMED. Considered by Bower, C.J., Vaitheswaran, J., and Blane, S.J. Opinion by Bower, C.J. (6 pages)
A landowner appeals a summary judgment ruling dismissing their negligence petition against Wright County and several employees for damages to a land bridge. OPINION HOLDS: Because we find the County is immune from liability under the discretionary-function exemption of Iowa Code section 670.4 (2021), we affirm the district court.
Filed May 11, 2022
View Opinion No. 21-1673
View Summary for Case No. 21-1673
Appeal from the Iowa District Court for Chickasaw County, David F. Staudt, Judge. AFFIRMED. Considered by May, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (6 pages)
A father appeals the order terminating his parental rights to his child under Iowa Code section 600A.8 (2020). OPINION HOLDS: The district court properly considered events that occurred after the filing of the termination petition. Because clear and convincing evidence shows the father abandoned the child under section 600A.8(3)(b) and termination is in the child’s best interests, we affirm.
Filed May 11, 2022
View Opinion No. 21-1961
View Summary for Case No. 21-1961
Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge. AFFIRMED. Considered by May, P.J., and Greer and Chicchelly, JJ. Opinion by May, P.J. (8 pages)
A mother appeals the termination of her parental rights. She challenges the statutory grounds, claims termination is not in the children’s best interests, contends the juvenile court should have applied a permissive exception to termination to instead establish a guardianship, and argues the juvenile court should have bifurcated the guardian ad litem (GAL) and attorney role for the older child’s representation. OPINION HOLDS: The State established statutory grounds for termination. Termination is in the children’s best interests. We decline to apply a permissive exception to forgo termination. The mother failed to preserve her request for a guardianship as an alternative to termination. And the juvenile court did not abuse its discretion by denying the motion to bifurcate the GAL and attorney role.
Filed May 11, 2022
View Opinion No. 22-0107
View Summary for Case No. 22-0107
Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Bower, C.J. (10 pages)
The mother appeals the termination of her parental rights to M.A., born in 2012; M.G., born in 2017; and M.C., born in 2019. OPINION HOLDS: Because no extension is warranted, grounds for termination exist, termination is in the children’s best interests, and no permissive exception suggests termination is not appropriate, we affirm.