2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (7 pages)

            A father appeals the termination of his parental rights.  He argues the juvenile court should have extended his deadline for reunification.  He also contends the State failed to offer clear and convincing evidence that his parental rights should be terminated under statutory grounds.  OPINION HOLDS: The record does not support the father’s claims for relief.  The father offered no factors justifying a delay in termination and, because the child has been removed for a sufficient amount of time, we find statutory grounds satisfied.  We affirm.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            The mother appeals the termination of her parental rights to four of her children.  She challenges the grounds for termination, asserts the loss of her rights is not in the children’s best interests, and urges us to apply an exception to termination to save the parent-child relationships.  In the alternative, she requests additional time to work toward reunification or that the children be placed in a guardianship with their maternal great-grandparents while she maintains her parental rights.  OPINION HOLDS: We cannot say the mother could resume parenting if given a short extension, and a guardianship is not in the children’s best interests.  We affirm termination of the mother’s rights to S.H., A.H., and L.H. under Iowa Code section 232.116(1)(f) (2022) and to L.B. under paragraph (h). 

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A father appeals the adjudication of his child as a child in need of assistance.  OPINION HOLDS: The State established both grounds for adjudication.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            A mother appeals the termination of her parental rights to her child, born in 2016, under Iowa Code section 232.116(1)(f) and (g) (2022).  She argues the department did not make reasonable efforts at reunification and a prior termination should not have been considered by the juvenile court.  We must also decide whether to grant the mother a delayed appeal.  OPINION HOLDS: We opt to grant the mother a delayed appeal, but we still affirm the termination of her parental rights. 

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights to her two children under Iowa Code section 232.116(1)(h) (2022), challenging the sufficiency of the evidence supporting the ground for termination, argues termination is not in the children’s best interests because of her bond with them, and requests more time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (13 pages)

            Daniel Jason appeals the district court’s denial of his third application for postconviction relief (PCR), contending his appellate and PCR counsel were ineffective.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, J., and Gamble, S.J.  Opinion by Tabor, J.  (12 pages).

            Todd Adams appeals his conviction for five counts of second-degree sexual abuse and two counts of indecent contact with a child.  He contends the district court abused its discretion in excluding evidence of the history of drug use and involuntary commitment of the victims’ mother.  He also challenges the admission of hearsay testimony from a nurse who examined the victims.  OPINION HOLDS: Because his exclusion claim was unpreserved and the nurse’s testimony was properly admitted, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J. (5 pages)

            Abdirizak Arab challenges the sufficiency of the evidence supporting his conviction for theft in the second degree, pursuant to Iowa Code section 714.1(4) (2021).  OPINION HOLDS: Sufficient evidence established Arab knew the SUV he possessed was stolen and he did not intend on promptly returning it to its owner.  Accordingly, Arab’s conviction was supported by substantial evidence.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (17 pages)

            Diavantae Davis appeals his convictions for murder in the first degree, intimidation with a dangerous weapon with intent to injure or provoke, and going armed with intent.  He argues the district court erred in instructing the jury on his duties with respect to his justification defense and the evidence is insufficient to support his conviction for murder in the first degree.  OPINION HOLDS: The jury instruction about the duties Davis was required to perform in order to claim a justification defense is a correct statement of law.  While it was not supported by substantial evidence, the error was harmless.  The witness testimony and security video provide substantial evidence to support finding Davis acted with premeditation and a specific intent to kill. 

            Appeal from the Iowa District Court for Linn County, Russell G. Keast, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (3 pages)

            Lestine Martin challenges the sufficiency of the evidence supporting her conviction for possession of a controlled substance (marijuana).  OPINION HOLDS: Because Martin stipulated that the substance recovered by officers was marijuana and she was the only adult who lived in her home—where the drugs were recovered—substantial evidence supports her conviction. 

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (11 pages)

            Plaintiff and third-party defendants appeal the district court’s ruling, following a bench trial, on a suit and countersuit stemming from an oral contract for the purchase real estate in installments.  OPINION HOLDS: We reject the appellants’ challenges to the sufficiency of the evidence and affirm the judgment of the district court.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            The wife appeals the court decree, arguing the court failed to address the husband’s life insurance cash value in the property distribution, failed to order the husband to maintain a life insurance policy with her as the beneficiary, and awarded inadequate spousal support.  Both parties request appellate attorney fees.  OPINION HOLDS: Upon our de novo review, we modify as to the cash value of the life insurance, otherwise affirm the decree, and decline to award appellate attorney fees.