2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            A father appeals the termination of his parental rights, contending there is not clear and convincing evidence of any ground for termination.  He also asserts termination is not in the children’s best interests and is not necessary because the children are in the custody of a relative.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights.  Both challenge the statutory grounds for termination and argue termination is not in the child’s best interests.  The mother also requests additional time to work toward reunification.  OPINION HOLDS: The child could not be safely returned to either parent, so a statutory ground for termination was satisfied.  Termination is in the child’s best interests.  And we do not grant the mother additional time.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the termination of his parental rights.  He claims the State has not established a ground for termination.  He also claims that termination is not in the child’s best interests.  OPINION HOLDS: We find the State proved a ground for termination and that termination is in the child’s best interest.  We affirm. 

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge.  CONVICTIONS AND SENTENCES VACATED AND CASE REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. Dissent by Greer, J.  (13 pages)

            Alexander Ross appeals his convictions and sentences for two counts of sexual abuse in the second degree.  OPINION HOLDS:  There was sufficient evidence to uphold Ross’s convictions; however, due to the resulting prejudice from the improper noncorroboration jury instructions, his convictions and sentences must be vacated and the case remanded for a new trial.  DISSENT ASSERTS:  I respectfully dissent; I would affirm Ross's conviction because the district court gave a noncorroboration instruction of which our supreme court seemed to approved in State v. Kraai, 969 N.W.2d 487, 495 (Iowa 2022).

            Appeal from the Iowa District Court for Grundy County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9 pages)

            A defendant appeals his convictions for lascivious conduct with a minor.  He claims the district court abused its discretion by excluding evidence under the rape-shield law and admitting evidence of his silence.  He also claims the court should have granted his motion for new trial based on the inconsistency in the verdicts.  OPINION HOLDS: The district court did not abuse its discretion in determining the rape-shield law prevented admission of certain evidence or in permitting evidence of the defendant’s prearrest avoidance of law enforcement.  And we conclude the verdicts were not inconsistent.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            Jesus Sanchez appeals his convictions for possession of a controlled substance with intent to manufacture or deliver and failure to affix a tax stamp.  OPINION HOLDS: We reject Sanchez’s challenges to his waiver of Miranda rights, find the district court did not abuse its discretion in admitting a laboratory report and the tested substances, and find sufficient evidence to support Sanchez’s convictions.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Rick Mrla appeals the district court’s grant of summary judgment.  OPINION HOLDS: Rick cannot establish that he had a contract with the owner of the land at issue, which is fatal to his claim.  Accordingly, the grant of summary judgment was proper.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Brandon Brown appeals the district court’s denial of his application to modify his sex offender registry requirements.  OPINION HOLDS: The district court erred when it found that Brown did not meet the step-one requirement to modify his registry requirements.  The district court did not provide sufficient analysis regarding step two so that we may determine whether it abused its discretion on that step.  Accordingly, the matter is remanded for rehearing on step two.

            Appeal from the Iowa District Court for Tama County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Bower, C.J.  (8 pages)

            Kimberly Meek appeals the district court’s denial of her petition to modify a custody decree.  OPINION HOLDS: We affirm the district court’s legal custody ruling and the modification of Gary’s visitation.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Danilson, S.J.  Opinion by Tabor, P.J.  (7 pages)

            A prisoner appeals the denial of postconviction relief (PCR), alleging trial counsel was ineffective for not asking the district court to find good cause for late filing his motion to dismiss.  The PCR court found no prejudice.  OPINION HOLDS: We agree the applicant failed to show a reasonable probability of a different outcome had counsel handled the motion differently, and we affirm. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (19 pages)

            A mother of three children and a father of two of those children separately appeal the termination of their parental rights, challenging each step in the termination framework and raising some ancillary issues.  OPINION HOLDS: We find clear and convincing evidence that the State made reasonable efforts to reunify the children with these parents but, despite those efforts, grounds for termination exist under Iowa Code section 232.116(1)(f) (2021).  We further find that termination is in the children’s best interests and that no permissive exception should be applied to preclude that result.  We agree with the juvenile court’s rejection of a guardianship for the oldest child and its denial of the mother’s request for additional time.  Finally, we conclude that if any error occurred in the court’s denial of intervention, it was not prejudicial to the father.  The court’s ruling is affirmed as to both parents. 

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Erica Tunink appeals from the district court’s property distribution and denial of trial attorney fees regarding the dissolution of her marriage to Brian Tunink.  OPINION HOLDS: We modify the district court’s decree to require Brian to pay a property settlement payment to Erica.  We affirm the denial of Erica’s claim for trial attorney fees, and we deny her request for appellate attorney fees.