Filed May 25, 2022
View Opinion No. 22-0442
View Summary for Case No. 22-0442
Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (8 pages)
A mother appeals the termination of her parental rights. OPINION HOLDS: The State proved the grounds for termination and a permissive exception does not preclude termination. There is no evidence that the mother would be able to resume custody following an additional six months to work towards reunification. A guardianship is not preferable to termination here.
Filed May 25, 2022
View Opinion No. 22-0560
View Summary for Case No. 22-0560
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. (8 pages)
A mother appeals the termination of her parental rights to one child, V.B. OPINION HOLDS: We find an extension of time is not warranted, the mother’s due process challenge was waived, termination is in the child’s best interests, and an exception should not be applied. Therefore, we affirm termination of the mother’s parental rights to V.B.
Filed May 25, 2022
View Opinion No. 22-0575
View Summary for Case No. 22-0575
Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor, and Badding, JJ. Opinion by Tabor, J. (7 pages)
Shane appeals the adjudication and continued removal of his three children, contending the State failed to prove they were in imminent danger in his care. OPINION HOLDS: Because the record contains clear and convincing evidence that Shane’s inability to regulate his emotions and his assaultive conduct endangered his son, adjudication and continued removal is necessary for the safety of all three children, we affirm.
Filed May 25, 2022
View Opinion No. 22-0578
View Summary for Case No. 22-0578
Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher, and Ahlers, JJ. Opinion by Bower, C.J. (7 pages)
A mother appeals the termination of her parental rights. OPINION HOLDS: We affirm.
Filed May 11, 2022
View Opinion No. 20-1462
View Summary for Case No. 20-1462
Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge. REVERSED AND REMANDED. Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J. Opinion by Schumacher, P.J. (12 pages)
In an interlocutory appeal, Dominick Marcott claims the district court should have granted his motion to suppress. OPINION HOLDS: An officer searched the glove compartment and center console of Marcott’s vehicle, looking for evidence of Marcott’s identity, proof of insurance, and vehicle registration after Marcott refused the officer’s requests. The State claims the search was valid under the automobile exception to the warrant requirement. The officer did not have probable cause to believe evidence of a crime was in the vehicle, and there was no exigency requiring a search at that time. We reverse the district court’s decision denying the motion to suppress and remand for further proceedings.
Filed May 11, 2022
View Opinion No. 20-1663
View Summary for Case No. 20-1663
Appeal from the Iowa District Court for Black Hawk County, Linda Fangman and David Odekirk, Judges. AFFIRMED IN PART AND VACATED IN PART. Heard by May, P.J., and Greer and Chicchelly, JJ. Opinion by Greer, J. (21 pages)
Lincoln Savings Bank (the Bank) initiated foreclosure proceedings against Debra Emmert in July 2019. Debra failed to respond, and the Bank twice asked for entry of default, which the court granted both times. Eventually, the district court entered judgment against Debra for more than $5,000,000 and foreclosed on a property in Cedar Falls and a property in Coralville. Debra appealed. She then filed a motion to set aside the default and, when she did not get the ruling she wanted, a motion to enlarge and reconsider. The district court again ruled against Debra, and she filed a second appeal. At the parties’ joint request, Debra’s two appeals were consolidated. OPINION HOLDS: Because Debra’s first appeal divested the district court of jurisdiction, all rulings that came after December 16, 2020, are nullities; we vacate them. Limiting our consideration to the issues that arose before Debra’s first appeal, Debra has not shown an error in notice or service that invalidates the foreclosure judgment against her. We affirm the December 2, 2020 foreclosure and judgment decree.
Filed May 11, 2022
View Opinion No. 21-0145
View Summary for Case No. 21-0145
Appeal from the Iowa District Court for Crawford County, John D. Ackerman, Judge. REVERSED AND REMANDED. Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Badding, J. (13 pages)
Raul Martinez appeals his convictions for specified unlawful activity, two counts of possession of methamphetamine with intent to deliver, and failure to affix a drug-tax stamp. He argues the district court abused its discretion by overruling his hearsay objections to the admission of an investigative report written by law enforcement and a search warrant application, and their admission violated his constitutional right to confrontation. OPINION HOLDS: Finding the violation of Martinez’s right to confrontation was not harmless, we reverse his convictions on counts one, two, three, and five, and we remand for a new trial on those counts.
Filed May 11, 2022
View Opinion No. 21-0217
View Summary for Case No. 21-0217
Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge. DECREE AFFIRMED; INTERIM SUPPORT ORDER VACATED. Heard by May, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (23 pages)
In this consolidated appeal, Shadron Kats (Shad) challenges the economic provisions of the decree dissolving his marriage to Melissa Kats (Missy) and a post-decree order for temporary spousal support. Both parties request an award of appellate attorney fees. OPINION HOLDS: I. The award of $3000.00 per month in spousal support to Missy is equitable in light of the parties’ respective earnings and expenses. Because the district court’s valuation of the property at issue is supported by the record, we decline Shad’s invitation to adjust the amount of the property equalization payment. And we affirm the award of Missy’s trial attorney fees and one-half of her expert witness fees. II. The district court was without jurisdiction to enter the post-decree order for interim support, and we vacate that order. III. Considering the parties’ respective positions and the merits of the appeal, we award Missy her appellate attorney fees and expenses.
Filed May 11, 2022
View Opinion No. 21-0218
View Summary for Case No. 21-0218
Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (8 pages)
A beneficiary appeals a district court order granting an executor’s application to sell real estate. The beneficiary argues that as the estate was not insolvent, abatement was not needed. The beneficiary further asserts the district court failed to comply with the statutory order for abatement. OPINION HOLDS: We affirm the district court’s determination that abatement was necessary to satisfy the debts and charges of the estate. However, as the district court failed to follow the applicable abatement statute, we reverse as to the order of abatement. Accordingly, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
Filed May 11, 2022
View Opinion No. 21-0352
View Summary for Case No. 21-0352
Appeal from the Iowa District Court for Buchanan County, Kelly M. Lekar, Judge. CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART AND REMANDED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Greer, J. (10 pages)
Kim Tielebein appeals from his conviction of eluding or attempting to elude a law enforcement vehicle, enhanced as a habitual offender. He argues that there was insufficient evidence to support the findings that he reached a speed of more than twenty-five miles per hour in excess of the speed limit. He also challenges the sentence imposed, ordering him to pay court fees for dismissed misdemeanor traffic violations. OPINION HOLDS: We find substantial evidence supported Tielebein’s conviction for eluding or attempting to elude a law enforcement vehicle. On Tielebein’s claim over the court costs assessed on charges dismissed, we remand to the district court for an order correcting the sentencing order and removing the payment requirement for the category “B” costs.
Filed May 11, 2022
View Opinion No. 21-0380
View Summary for Case No. 21-0380
Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge. AFFIRMED. Heard by May, P.J., and Greer and Chicchelly, JJ. Opinion by Greer, J. (22 pages)
James Harris appeals from the denial of his application for post-conviction relief (PCR). He argues his counsel was ineffective, the court abused its discretion in not appointing substitute counsel, the case was tainted by prosecutorial misconduct, his counsel’s inefficacy lead to cumulative and structural error, and the PCR court’s opinion contained internal inconsistencies. OPINION HOLDS: Harris failed to prove, on any claim of ineffective assistance of counsel, that his counsel breached an essential duty that prejudiced Harris. The court did not abuse its discretion in maintaining Harris’s counsel. There was no prosecutorial misconduct that prejudiced Harris. There is no presumption of prejudice in ineffective-assistance-of-counsel claims. There was no cumulative error present, and Harris failed to preserve his structural error challenge. We find no internal inconsistencies in the PCR court’s opinion and affirm the district court’s ruling.
Filed May 11, 2022
View Opinion No. 21-0458
View Summary for Case No. 21-0458
Appeal from the Iowa District Court for Fayette County, Joel A. Dalrymple, Judge. AFFIRMED. Heard by May, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (12 pages)
Dean Hettinger appeals his convictions for murder in the first degree and child endangerment resulting in death, alleging the evidence does not support the convictions and the district court should have granted his motion for a new trial. OPINION HOLDS: Because we find substantial evidence supports the jury’s guilty verdicts and the district court did not abuse its discretion, we affirm the denial of Hettinger’s motions in arrest of judgment and for new trial.