2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Buena Vista County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (10 pages)

            A mother appeals the termination of her parental rights.  She argues the State failed to offer clear and convincing evidence that her parental rights should be terminated under statutory grounds.  She also contends that termination was not in her children’s best interest and the district court should have extended her deadline for reunification.  OPINION HOLDS: We agree with the findings of the juvenile court.  Because of the mother’s substance abuse and decision to hide her recent use from providers, we find statutory grounds satisfied.  These safety concerns for the children outweigh the disadvantages of terminating the parent-child relationships, and no specific reasons exist to believe such concerns will be remedied within six months.  So we affirm.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (13 pages)

            A mother and father separately appeal the termination of their parental rights.  Both argue the State failed to prove the ground for termination, termination is not in the children’s best interests, and the juvenile court should have avoided termination via a permissive exception.  The mother also asserts the juvenile court should have granted her a six-month extension.  OPINION HOLDS: On our de novo review, we find the State established the ground for termination as to both parents, the children’s best interests are served by termination, and the requested permissive exception to termination does not apply.  We also find an additional six-months for the mother to work toward reunification is not warranted.   

            Appeal from the Iowa District Court for Benton County, Russell G. Keast, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: On our de novo review, we find a ground for termination has been established and termination is in the children’s best interests.  We affirm.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (7 pages)

            A mother appeals the termination of her parental rights.  She claims termination is not in the best interests of the children and asks for a six-month extension.  OPINION HOLDS:  Termination is in the children’s best interests.  Additionally, a six-month extension in not warranted.  We affirm.

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

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds for termination as to her older child and requests additional time to work toward reunification with the child.  As to her younger child, the mother argues if we reverse the termination of the older child, then we should also reverse as to the younger child to keep them together.  OPINION HOLDS: The statutory grounds authorizing termination of the mother’s parental rights to the older child are met, and we deny the mother’s request for additional time to work toward reunification.  As to the younger child, a condition of the mother’s argument is not met because we affirm the termination of the mother’s rights to the older child. 

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because more time would not change the outcome of the proceedings, the statutory requirements for termination have been met, and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Cherokee County, David C. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (6 pages)

            A father appeals the termination of his parental rights to his child, contending termination is contrary to the child’s best interests.  OPINION HOLDS: Finding termination is in the child’s best interests, we affirm the decision of the juvenile court. 

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (3 pages)

            A mother appeals the termination of her parental rights, asserting termination is not in the child’s best interests.  OPINION HOLDS: On our de novo review, we affirm.

            Appeal from the Iowa District Court for Monona County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (6 pages)

                The father appeals the termination of his parental rights to R.M., who was born in 2020.  The father challenges the grounds for termination, argues the loss of his rights is not in the child’s best interests, and maintains he should be given additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights under Iowa Code section 232.116(1)(h) (2022). 

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., Vaitheswaran, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            Mayual Anyuon appeals the district court’s grant of summary disposition to the State on his application for postconviction relief.  OPINION HOLDS: Anyuon claims he received ineffective assistance because defense counsel did not adequately explain the immigration consequences of his guilty plea.  We determine there is a genuine issue of material fact on this issue and conclude summary disposition was inappropriate.  We reverse the decision of the district court and remand for further proceedings.

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Carr, S.J.  Opinion by Carr, S.J.  (18 pages)

            Emmanuel Spann appeals his conviction for first-degree murder based on a theory of aiding and abetting.  Spann claims the district court erred in admitting certain evidence, his conviction was not supported by substantial evidence, and the court should have granted his motion for new trial.  OPINION HOLDS: After considering all of the issues raised by Spann in this appeal, we affirm his conviction.

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            Danny Long appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We affirm the dismissal of Long’s third postconviction-relief application.