2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Worth County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A father appeals the order terminating his parental rights.  OPINION HOLDS:  The juvenile court was correct in finding that the State proved a ground for termination; in declining to apply a permissive exception to termination; and in denying an additional six months to work toward reunification.

            Appeal from the Iowa District Court for Louisa County, Emily S. Dean, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (10 pages)

            A mother appeals the termination of her parental rights under Iowa Code section 232.116(1), paragraphs (b), (d), (f), (g), (i), and (l) (2021).  OPINION HOLDS: We find no basis for reversal and affirm. 

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to two children.  OPINION HOLDS: Having found the statutory grounds satisfied for each parent, the best interests of the children considered, and a lack of applicable exceptions, we affirm termination of the mother’s and father’s parental rights.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            A mother and a father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: Clear and convincing evidence shows the child cannot be returned to the mother’s care due to her unresolved issues with substance use, satisfying the grounds for termination under Iowa Code section 232.116(1)(h) (2021).  And termination of both the mother’s and the father’s parental rights is in the child’s best interests.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (9 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both parents’ parental rights.

            Appeal from the Iowa District Court for Polk County, Kevin Parker, District Associate Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., May, J., and Danilson, S.J.  Opinion by Tabor, P.J.  Dissent by May, J.  (22 pages)

            Police detained Prince Paye because a ball hitch partially blocked the view of a single letter of the car’s license plate.  On appeal, he argues the traffic stop was unjustified.  OPINION HOLDS: Section 321.38 is ambiguous.  But relying on canons of interpretation and the rule of lenity, we hold Paye did not violate its requirements.  Because the stop was based on a mistake of law, all evidence stemming from it must be suppressed.  We reverse and remand.  DISSENT ASSERTS: Based on the statutory language, our court’s prior decisions, and especially the supreme court’s teachings in State v.Harrison, 846 N.W.2d 362 (Iowa 2014), I conclude Iowa Code section 321.38 (2019) required Prince Paye to place his license plate so that the entire registration plate number would be “clearly visible.”  Because part of Paye's registration plate number was hidden behind a trailer ball, Paye violated this requirement.  So the officer was justified in stopping Paye, the motion to suppress was properly denied, and Paye’s conviction should be affirmed.  I respectfully dissent.  

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Willie Herron appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm the denial of Herron’s application.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            More than twenty years after a jury first convicted Owens Thompson of first-degree murder, Thompson brought this—his third—application for postconviction relief (PCR).  The district court summarily dismissed the application for being time-barred.  Thompson appeals, arguing Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), allows him to bring this action and requires the court to provide him an evidentiary hearing to develop his claim of ineffective assistance of counsel.  OPINION HOLDS: Because Allison does not apply to save his application from being time-barred by Iowa Code section 822.3 (2019), we agree with the district court’s summary dismissal of Thompson’s third PCR application.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J. (11 pages)

            Christopher Thompson appeals his conviction for first-degree murder, asserting the trial court erred in admitting hearsay statements made by the deceased.  OPINION HOLDS: Because the district court did not err in determining the hearsay was admissible under Iowa Rule of Evidence 5.803(3), we affirm.

            Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J. (13 pages)

            Chad Dietrick appeals his conviction for murder in the second degree, asserting the district court erred in refusing to give his requested jury instruction and in concluding the decedent’s confidential medical records offered nothing exculpatory for the defense.  OPINION HOLDS: Finding no error in the jury instructions given or in the court’s ruling on privileged matters, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Vern Miller appeals from the district court’s order denying his petition to modify the stipulated custody decree between him and Lisa Meyer involving their child.  OPINION HOLDS: Miller has not met his burden to show a substantial and material change in circumstances warranting modification of the parties’ physical care arrangement.  We affirm the district court’s order.

            Appeal from the Iowa District Court for Audubon County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (12 pages)

            Jamie Moss appeals from the decree dissolving her marriage to Rico Moss.  OPINION HOLDS: We agree with the district court that Jamie has not shown Rico dissipated assets.  We modify the decree to provide Jamie with spousal support.