2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (3 pages)

            A father imprisoned on drug charges appeals the termination of his parental rights to his child—born in May 2021—under Iowa Code section 232.116(1)(b), (e), (h), and (i) (2022).  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

            Appeal from the Iowa District Court for Dickinson County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the juvenile court’s order of permanency in this child-in-need-of-assistance proceeding.  She contends the court should have granted her an additional six months to reunify with her child and disagrees with the court’s finding a transfer of custody to the father is in the child’s best interests.  OPINION HOLDS: On our de novo review, we concur in the juvenile court’s findings and conclusions.  We affirm.

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            The juvenile court terminated the mother’s rights to M.M.—born in 2017—under Iowa Code section 232.116(1)(d), (f), (i), and (l) (2022).  The mother appeals, challenging each of the statutory grounds for termination, asserting the loss of her rights is not in the child’s best interests, and urging us to apply an exception to termination to save the parent-child relationship.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to M.M. under section 232.116(1)(f). 

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Tabor, J.  (13 pages)

            A postconviction-relief applicant appeals the dismissal of his actual-innocence claim.  OPINION HOLDS: The court did not comply with the requirements of Iowa Code section 822.6(2) (2017) in dismissing the applicant’s claims.  We reverse and remand for further proceedings. 

            Appeal from the Iowa District Court for Hancock County, Dedra L. Schroeder, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Luis Ayabarreno appeals from the district court’s order correcting his sentence, arguing “[i]mposition of a 70% mandatory minimum in the resentencing order violated [his] right to due process and double jeopardy” and “[t]he district court should have considered a mandatory minimum between one-half and seven-tenths of the total sentence.”  OPINION HOLDS: We conclude the district court did not err in correcting the illegal sentence. 

            Appeal from the Iowa District Court for Warren County, Brad McCall, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J. Partial dissent by Ahlers, P.J.  (24 pages)

            Plaintiffs appeal from an adverse jury verdict in a negligence action. OPINION HOLDS: We find the district court erred in instructing the jury on both comparative fault and assumption of risk to the prejudice of the estate.  We accordingly reverse and remand for a new trial.  PARTIAL DISSENT ASSERTS: I dissent in part because, following my review of the jury instructions, I do not believe the district court instructed the jury on both comparative fault and assumption of risk as separate defenses.  Instead, I believe assumption of risk was presented as a way in which the decedent was at fault within the concept of comparative fault. Accordingly, I believe the jury was properly instructed and would affirm.

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (15 pages)

            James Olds appeals the denial of his application for postconviction relief, alleging his trial counsel was ineffective in several respects.  OPINION HOLDS: Trial counsel provided effective assistance in all respects alleged by Olds, so Olds is not entitled to relief.

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            Seth Babcock appeals the denial of his application for postconviction relief.  OPINION HOLDS: Babcock failed to carry his burden to prove actual innocence or his trial counsel provided ineffective assistance for failing to investigate his brother.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (7 pages)

            Troy Dowell appeals his conviction for indecent exposure.  OPINION HOLDS: The witness testimony and security video provide substantial evidence to support Dowell’s conviction.  The district court did not abuse its discretion in denying his motion for new trial based on the weight of the evidence.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Chicchelly, J., takes no part.  Opinion by Greer, J.  (16 pages)

            Mary Jane Jackson Thomas appeals the denial of her motions for dismissal, judgment of acquittal, and a new trial surrounding charges of first- and second-degree kidnapping of her stepdaughter, K.T.  She argues the State failed to prove she confined K.T., an essential element of both crimes.  OPINION HOLDS: Because we find no reversible error in the district court’s denial of Jackson Thomas’s motions to dismiss or for judgment of acquittal, and we find no abuse of discretion in its denial of her motion for a new trial, we affirm.

            Appeal from the Iowa District Court for Emmet County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor, Greer, Schumacher, Ahlers, Badding, and Chicchelly, JJ.  Opinion by Ahlers, J.  (10 pages)

            Alishia Dewbre appeals following her conviction for operating while intoxicated.  She contends the State violated her right against self-incrimination under article I, section 9 of the Iowa Constitution by subjecting her to a blood draw obtained via a search warrant and should have granted her motion to suppress.  OPINION HOLDS: Dewbre’s implicit right against self-incrimination was not violated by the blood draw.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Ty Patrick appeals the dismissal of his application for postconviction relief, alleging his trial counsel was ineffective in failing to file a motion to suppress.  OPINION HOLDS: We affirm the court’s dismissal of Patrick’s PCR application.