2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (7 pages)

            Adam Bowen appeals the disposition of his probation-revocation proceedings.  He argues the court considered an improper factor when it adjudicated him guilty and sentenced him to prison following revocation of his probation and deferred judgment.  OPINION HOLDS: We agree with Bowen that the court considered an improper factor when it considered timing of parole when fashioning a sentence for Bowen.  The probation violations remain undisturbed and conclusively established, as Bowen did not challenge them.  We reverse the revocation of Bowen’s deferred judgment, the adjudication of guilt, and the sentence imposed.  We remand to the district court to fashion an appropriate consequence within the authorized range of choices provided in Iowa Code section 908.11(4) (2021).

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham II, Judge.  AFFIRMED IN PART AND MODIFIED IN PART.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Stephanie Makela appeals the district court’s order on Wayne Makela’s petition to modify the parties’ dissolution decree.  OPINION HOLDS: Because the district court’s award of less than equal custodial rights to Wayne meant that Stephanie retained her rights as sole legal custodian of the children, we modify the determination that there was a substantial change of circumstances warranting modification of the legal custodial relationship.  We affirm the district court’s conclusion that there was a substantial change of circumstances warranting a modification of the visitation provision of the decree, and we affirm all portions of the plan except the overnight visits.  We modify the decree to eliminate those visits.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            Joshua Green appeals the consecutive sentences imposed on his convictions for multiple crimes, claiming the district court sentenced him to prison “without due consideration of mitigating factors.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentences imposed.

            Appeal from the Iowa District Court for Linn County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Shawn Plucar appeals the district court’s order denying his application for rule to show cause requesting that Tiffany Grafton be held in contempt.  OPINION HOLDS: We conclude the district court did not grossly abuse its discretion in declining to find Grafton in contempt, and we affirm the court’s denial of the application for rule to show cause.  

            Appeal from the Iowa District Court for Scott County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (4 pages)

            Bennie Cunningham appeals following his guilty plea arguing the district court abused its sentence when it sentenced him to a five-year indeterminate term of incarceration.  OPINION HOLDS: Because the district court did not suspend Cunningham’s sentence, it was obligated to sentence him to an indeterminate term of five-years under Iowa Code section 902.9(1)(e) (2021).

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Bower, C.J.  (9 pages)

            Steven James Hayden appeals his conviction and sentence after he pleaded guilty to several charges.  OPINION HOLDS: Hayden failed to file a motion in arrest of judgment and thus cannot challenge his guilty pleas.  Finding no abuse of the court’s sentencing discretion, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            Jeffrey Palmer appeals the fines imposed as part of his sentence.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            This appeal concerns the narrow issue of where the parties’ minor child, E.G., should attend school.  Wendy Alderin wishes for the child to attend school in Illinois where she resides.  The district court determined that E.G. should attend school in Iowa where his father, Tyler Gould, resides.  OPINION HOLDS: While both school districts present strong opportunities to serve E.G.’s best interest, we affirm the court’s decision that E.G. should be enrolled in the Davenport Community School District.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            D.R. appeals his involuntary commitment as a person who is seriously mentally impaired.  OPINION HOLDS: We find the district court did not err in finding D.R. seriously mentally impaired.

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

            A mother appeals the termination of her parental rights to two children, contending (1) the State failed to prove the children “could not be returned to [her] custody at the time of the termination hearing”; (2) the department of health and human services failed to make “reasonable efforts to reunify [her] with her child[ren]”; and (3) termination was not in the children’s best interests “due to the closeness of the parent-child relationship” and because a guardianship “would allow the child[ren] to be placed in a safe and stable environment while also preserving the child[ren]’s close bond with [her].”  OPINION HOLDS: We affirm the district court’s decision to terminate the mother’s parental rights to the two children.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother appeals the termination of her parental rights to a two-year-old child.  She challenges the statutory ground for termination, requests additional time, and argues termination is not in the child’s best interests.  She also contends the juvenile court’s denial of her motion to continue the termination hearing was an abuse of discretion.  OPINION HOLDS: We disagree that the court abused its discretion in denying a continuance.  We also find the termination ground was supported, additional time was unwarranted, and termination is in the child’s best interests.  So we affirm.

            Appeal from the Iowa District Court for Winnebago County, Karen Kaufman Salic, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the removal of children from her custody in child-in-need-of-assistance proceedings.  OPINION HOLDS: We dismiss the mother’s claims regarding removal of the children because the issue is now moot.