2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            A father appeals the termination of his parental rights, arguing the State failed to prove the grounds for termination and that the strength of the bond between him and the child outweighs the need for termination.  OPINION HOLDS: Because the State established the grounds for termination and the strength of the bond between the father and the child does not outweigh the need for termination, we affirm the juvenile court’s termination of the father’s parental rights. 

            Appeal from the Iowa District Court for O'Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother appeals the review order in a child-in-need-of-assistance proceeding and the ruling on her motion for reasonable efforts.  She requests more frequent and longer visits.  OPINION HOLDS: Following the review hearing, the juvenile court rejected the mother’s reasonable efforts challenge and left the details of visitation, including frequency, length, and supervision, to the Department of Health and Human Services.  On our de novo review, we agree that despite recent progress, the mother’s lack of accountability for her physical and emotional abuse of the children means her interactions should remain at the discretion of the department.  We affirm. 

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

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The State proved the grounds for termination under Iowa Code section 232.116(1)(f) (2022), and termination is in the child’s best interests.  Because delaying permanency would not eliminate the need for the child’s removal, we decline to grant the mother additional time for reunification under section 232.104(2)(b).

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Danilson, S.J.  Opinion by Tabor, P.J.  (17 pages)

            A cosmetic surgeon challenges a judicial review order affirming the Iowa Board of Medicine findings of professional incompetency, practice harmful to the public, unethical and unprofessional conduct, inappropriate prescribing, and improper record management.  OPINION HOLDS: We find substantial evidence to support the Board’s sanctions on all contested grounds.  In doing so, we conclude the Board properly interpreted the term “acute” in its rule.  We decline to reach the merits of the doctor’s ancillary issues because they were not preserved for our review.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            John Deering appeals the denial of his application for postconviction relief following his convictions of first-degree kidnapping, attempt to commit murder, and willful injury.  Deering asserts “the State did not prove the victim suffered the admitted serious injury as a consequence of the kidnapping,” and in his view, his trial attorneys were “ineffective” in “failing to move for judgment of acquittal” on this basis.  OPINION HOLDS: We affirm the court’s denial of the postconviction-relief application.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Gerald Bohr appeals the district court’s order granting an amended application to certify child support arrearage and unreimbursed medical expenses owed to Patsy O’Hara, arguing the Supremacy Clause of the United States Constitution and preemptive federal law prevents him from being dispossessed of “federal disability pay or property in lieu thereof.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson (Motion to Suppress) And Lawrence P. McLellan (Trial), Judges.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Mullins, S.J.*  Opinion by Greer, P.J. (12 pages)

            Sam Abu Youm appeals from his conviction for two counts of possession of a controlled substance with the intent to deliver and two corresponding counts of failure to possess a tax stamp.  He argues the district court erred in denying both his motion to suppress and motion for a new trial.  OPINION HOLDS: As the emergency aid exception allowed for the warrantless entry into and initial search of Abu Youm’s apartment and the district court did not abuse its discretion in denying his motion for a new trial, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Riki Harrington appeals her convictions and sentences for ongoing criminal conduct and first-degree theft.  OPINION HOLDS: After viewing all the evidence in the light most favorable to upholding the verdict, we conclude a rational person could find beyond a reasonable doubt that Harrington took money from her office, so we affirm Harrington’s convictions.  The district court did not adhere to a fixed sentencing policy but exercised its discretion and in denying Harrington deferred judgment.  We affirm her sentences.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, JJ., and Danilson, S.J.* Opinion by Schumacher, P.J.  (7 pages)

            A convicted sex offender appeals the district court’s denial of his sex offender registration requirements, contending there was an abuse of discretion.  The offender argues the district court abused its discretion in denying his modification request.  OPINION HOLDS: Though categorized as a low risk, the court viewed Evans as a present public safety risk to children, a decision that we do not view as clearly untenable or clearly unreasonable.  Finding that the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Greer, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Dustin McDanel appeals the denial of his application for postconviction relief.  OPINION HOLDS: Trial counsel did not breach an essential duty, so McDanel’s ineffective-assistance claim fails.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Yahye Sallahadin challenges the sufficiency of the evidence supporting his conviction for third-degree sexual abuse.  OPINION HOLDS: Testimony from the complaining witness established Sallahadin performed a sex act on her while she was mentally incapacitated or physically helpless.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  Dissent by Tabor, J. (15 pages)

            Tommy Copeland appeals the denial of his petition for writ of certiorari following his termination as an air base security guard for the Iowa Air National Guard.  Copeland claims that, as a veteran, he was entitled to a pre-termination hearing under the Iowa Veterans Preference Act in Iowa Code chapter 35C (2020).  OPINION HOLDS: On our review of the record, we agree with the district court that Copeland’s position as an air base security officer placed him in a confidential relation with his appointing authority.  That confidential relation bars the application of the statutory removal protection provided in section 35C.6.  Accordingly, we affirm the district court’s denial of Copeland’s petition for writ of certiorari.  DISSENT ASSERTS: I respectfully dissent.  I would find Tommy Copeland did not do “strictly confidential” work for the adjutant general so he does not fall within the exception to the veterans-preference statute in Iowa Code section 35C.8 (2020).