Filed May 25, 2022
View Opinion No. 21-0339
View Summary for Case No. 21-0339
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Tabor, P.J. (10 pages)
ConAgra Foods, Inc. appeals two findings by the Iowa Workers’ Compensation Commission: (1) that Leslie Moore sustained a permanent impairment to his hip and lower back resulting from an injury on the job and (2) that the work-related injury led to a forty-percent industrial disability. OPINION HOLDS: Considering the commissioner’s credibility determinations and applying the deferential standards of review, we affirm both findings.
Filed May 25, 2022
View Opinion No. 21-0708
View Summary for Case No. 21-0708
Appeal from the Iowa District Court for Woodbury County, Tod J. Deck, Judge. ONGOING-CRIMINAL-CONDUCT CONVICTION AND SENTENCE VACATED, REMAINING SENTENCES AFFIRMED, AND REMANDED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Ahlers, J. (10 pages)
Gary Dains contends on appeal that the district court erred in denying his motion for judgment of acquittal as to his ongoing-criminal-conduct charge and that the district court abused its discretion in deciding his sentence. OPINION HOLDS: Because there is insufficient evidence to convict Dains of the ongoing-criminal-conduct charge, we vacate that conviction and sentence and remand for dismissal. The court did not abuse its discretion in sentencing Dains on his remaining convictions.
Filed May 25, 2022
View Opinion No. 21-0726
View Summary for Case No. 21-0726
Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Tabor, P.J. (11 pages)
A former wife appeals the declaratory judgment adopting the former husband’s interpretation of his spousal support obligation following an unexpected disbursement of pension proceeds as a lump sum rather than the anticipated annuity. The district court credited the husband with the lump sum against his spousal support, suspending that obligation for a period of approximately three years. OPINION HOLDS: Because we strive to give effect to the decree, we agree with the district court’s sentiment that given the payout under the pension’s terms, we can’t “put the genie back in the bottle.” By our reading, the decree and our earlier decision intended for proceeds from the pension to offset Kurt’s support obligation. And the district court’s ruling honors that intent.
Filed May 25, 2022
View Opinion No. 21-0755
View Summary for Case No. 21-0755
Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge. AFFIRMED. Considered by Schumacher, P.J., Badding, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (5 pages)
Roberto Villasenor appeals the summary dismissal of his application for postconviction relief, arguing the court erred in rejecting his claims of newly-discovered evidence and equitable tolling. OPINION HOLDS: Villasenor has failed to rebut the State’s showing it was entitled to judgment as a matter of law. We affirm.
Filed May 25, 2022
View Opinion No. 21-0817
View Summary for Case No. 21-0817
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J. Opinion by Danilson, S.J. (10 pages)
Michael Lajeunesse appeals the dismissal of his second application for postconviction relief (PCR). He argues the court erred in finding his claims of ineffective assistance of criminal trial counsel were procedurally barred by Iowa Code section 822.8 (2019). OPINION HOLDS: We conclude the claims Lajeunesse pinpoints in this appeal were procedurally barred. We affirm the dismissal of Lajeunesse’s second PCR application.
Filed May 25, 2022
View Opinion No. 21-1163
View Summary for Case No. 21-1163
Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge. AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ. Opinion by Vaitheswaran, J. (6 pages)
Clay Paulson appeals the denial of his application for postconviction relief, claiming his trial attorney was ineffective (1) in failing to “properly object to hearsay regarding” text messages and properly preserve the issue for appellate review and (2) in failing to “file a motion to suppress” under State v. Ingram, 914 N.W.2d 794 (Iowa 2018). OPINION HOLDS: We affirm the postconviction court’s denial of Poulson’s postconviction-relief application.
Filed May 25, 2022
View Opinion No. 21-1447
View Summary for Case No. 21-1447
Appeal from the Iowa District Court for Pottawattamie County, Kathleen Kilnoski, Judge. AFFIRMED IN PART, REVERSED IN PART, AND MODIFIED. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Tabor, J. (11 pages)
Alex Noecker appeals a modification order granting sole legal custody to his child’s mother. He also contests an award of attorney fees in favor of the mother. OPINION HOLDS: Modification was in the child’s best interests. But we reverse the provision delegating discretion over visitation to the child’s mother and modify to deny visitation to Alex. The attorney fee award was within the district court’s discretion. But because the mother did not file a brief, we deny her request for attorney fees on appeal.
Filed May 25, 2022
View Opinion No. 21-1542
View Summary for Case No. 21-1542
Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge. AFFIRMED. Considered by Greer, P.J., Ahlers, J., and Doyle, S.J. Opinion by Doyle, S.J. (10 pages)
Timothy Hall appeals the dismissal of his petition for declaratory judgment, in which he sought to clarify the nature of a prior conviction and establish that he is not barred from possessing a firearm or ammunition. He contends the district court violated his right to due process by treating the State’s untimely motion to dismiss as a motion for judgment on the pleadings without notice and dismissing his petition. OPINION HOLDS: It is undisputed in this litigation that Hall admitted in his domestic abuse assault causing bodily injury guilty plea that he pushed his wife—clearly an act of physical force. As such, he pled guilty to an offense with an element of physical force. Therefore, Hall’s plea, regardless of his intent, falls under Iowa Code section 708.1(2)(a) (2021), not (b). Having plead to and been convicted of a misdemeanor crime of domestic violence under section 708.1(2)(a), Hall is not entitled to the declaratory relief he seeks. The district court committed no error in dismissing Hall’s petition.
Filed May 25, 2022
View Opinion No. 21-2004
View Summary for Case No. 21-2004
Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge. AFFIRMED. Considered by May, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (5 pages)
A father appeals an order terminating his parental rights to three children under Iowa Code section 600A.8 (2021). OPINION HOLDS: Because we find the petitioners proved the father statutorily abandoned his children by clear and convincing evidence, we affirm termination of his parental rights.
Filed May 25, 2022
View Opinion No. 22-0279
View Summary for Case No. 22-0279
Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Tabor, J. (6 pages)
Jordan and Brian separately appeal the termination of their parental rights to their two daughters. OPINION HOLDS: The State offered clear and convincing evidence that the children could not be safely returned to either parent’s care. And Jordan’s engagement with treatment came too late to support delaying permanency. We affirm on both appeals.
Filed May 25, 2022
View Opinion No. 22-0410
View Summary for Case No. 22-0410
Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (10 pages)
A mother appeals the termination of her parental rights to her child. OPINION HOLDS: We find the State engaged in reasonable efforts to reunite the mother with the child, termination is supported by clear and convincing evidence, and termination is in the best interests of the child. We affirm the decision of the juvenile court.
Filed May 25, 2022
View Opinion No. 22-0439
View Summary for Case No. 22-0439
Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge. REVERSED AND REMANDED ON BOTH APPEALS. Considered by May, P.J., and Greer and Chicchelly, JJ. Opinion by Greer, J. Dissent by May, P.J. (14 pages)
The mother and father separately appeal the termination of their parental rights to their child, G.B., born in 2015. The mother challenges the statutory ground, claims the loss of her rights is not in the child’s best interests, and maintains the parent-child bond is so strong that termination will harm G.B. Alternatively, she asks for six more months to reunify with G.B. As it pertains to his parental rights, the father seems to focus on a best-interests argument and a request for more time. OPINION HOLDS: We reverse the termination of the mother’s and the father’s parental rights; we grant each parent a six-month extension. DISSENT ASSERTS: I would not grant either parent additional time to work toward reunification. Because I think a statutory ground authorizing termination as to both parent is met and termination of both parents’ respective rights is in the child’s best interest, I would affirm the termination of both parents’ rights.