2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Des Moines County, Emily S. Dean, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother and child appeal the termination of the mother’s parental rights to the child, born in 2010.  Both contend the district court “erred in finding that an additional period of time would not correct the situation”; the State failed to prove the child could not be returned to the mother’s custody pursuant to Iowa Code section 232.116(1)(f) (2021); and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because termination is in the children’s best interests, and we see no reason to believe the need for removal will end following an extension, we affirm. 

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (11 pages)

A father appeals the termination of his parental rights to his two children, arguing the evidence was insufficient to support termination, an exception to termination should have been applied, and he should have been granted additional time to work toward reunification.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Delaware County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother challenges the termination of her parental rights to her seven-year-old son.  She challenges the grounds for termination, the best-interest determination, and asks for more time to reunify.  OPINION HOLDS:  The evidence was clear and convincing, termination served the child’s best interests, and more time was unwarranted.  We affirm.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, born in 2020.  She contends (1) the department of human services failed to make reasonable efforts toward reunification; (2) termination was not in the child’s best interests; and (3) she should have been afforded an exception to termination based on her bond with the child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            The mother of A.S. and N.S. appeals the juvenile court’s child-in-need-of-assistance dispositional review order and finding of reasonable efforts.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Fayette County, Laura Parrish, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Coby Euans appeals the denial of his postconviction-relief application, claiming a breach of an essential duty by trial counsel and PCR counsel.  OPINION HOLDS: We find neither trial counsel nor PCR counsel breached an essential duty.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (6 pages)

            Anthony Quinn appeals the summary disposition of his postconviction-relief application as time-barred under Iowa Code section 822.3 (2019).  OPINION HOLDS: Because Quinn filed his application after the three-year statute of limitations had expired and because the ground-of-fact exception in section 822.3 did not apply to his newly-discovered-evidence claim, we affirm the district court’s summary disposition of his postconviction-relief application. 

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (4 pages)

            Anthony Sanders appeals the denial of his application for postconviction relief (PCR).  OPINION HOLDS: Because more than three years passed between Sanders’s conviction becoming final and the filing of his PCR application, the district court correctly ruled that his PCR application is barred by the three-year statute of limitations.

            Appeal from the Iowa District Court for Buchanan County, David P. Odekirk, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (6 pages)

            Michelle Kehoe appeals from the district court order granting the State’s motion for summary disposition and dismissing her application for postconviction relief (PCR).  OPINION HOLDS: Even if we apply the relation-back framework to Kehoe’s successive PCR application, Kehoe’s PCR application was not filed promptly after the conclusion of her first PCR action.  Therefore, we affirm the denial of the application.

            Appeal from the Iowa District Court for Johnson County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (9 pages)

            Micah Matthews appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the summary disposition of Matthews’s application as time-barred.

            Appeal from the Iowa District Court for Marshall County, Bethany Currie, Judge.  AFFIRMED IN PART; REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Tabor, J.  (15 pages)

            David Feeback appeals the grant of summary judgment on his claims of age discrimination, workplace harassment, and wrongful termination.  OPINION HOLDS: Considering Feeback’s evidence in the most favorable light, a jury could find Swift fired him because of his age.  So we reverse on the age discrimination claim and remand for trial.  But no genuine issues of material fact exist on the remaining claims, and we affirm summary judgment as to them.