2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and none of the exceptions to termination should be applied.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother challenges the termination of her parental rights.  OPINION HOLDS: Termination is in the children’s best interests, and the mother did not establish a permissive exception precludes termination.  We affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: The children cannot be safely returned to their mother’s care.  And termination best serves their long-term needs.  We affirm.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (5 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: Neither parent challenges the statutory grounds authorizing termination under Iowa Code section 232.116(1)(d) (2021), so they waived error and the court affirms on that ground.  Termination is in the children’s best interests and neither parent’s bond with their respective children is so strong to preclude termination.  The juvenile court never ruled on the mother’s request to establish a guardianship as an alternative to termination, so it is not preserved for our consideration.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (3 pages)

A father appeals the termination of his parental rights, arguing a guardianship should have been established in lieu of termination.  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker-Parry, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            A mother appeals the termination of her parental rights to three children, contending (1) the State failed to prove the grounds for termination cited by the district court; (2) termination of her parental rights was not in the children’s best interests; and (3) she should have been granted “additional time to reunify” with the children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the three children.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            A mother appeals the termination of her parental rights, contending there was not clear and convincing evidence the child could not be returned to her care at the time of the termination hearing and termination is not in the child’s best interests.  OPINION HOLDS: Because a ground for termination exists and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Linn County, Carrie Bryner, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  The statutory grounds for termination were met, termination was in the children’s best interests, and a permissive exception does not preclude termination.  Accordingly, termination was properly ordered.

            Appeal from the Iowa District Court for Union County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            The mother of A.G., born in 2019, appeals the termination of her parental rights.  The juvenile court terminated the mother’s rights pursuant to Iowa Code section 232.116(1)(b), (d), (e), (h), and (l) (2021).  The mother purports to challenge each of the statutory grounds for termination and argues the loss of her parental rights is not in the child’s best interests.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother failed to properly challenge all statutory grounds for termination, termination was in the child’s best interests, and granting an additional six months to work towards reunification is unwarranted.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the father’s parental rights and termination is in the children’s best interests.  We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, William Kelly and Scott D. Rosenberg, Judges.  AFFIRMED.  Considered by Ahlers, P.J., Potterfield, S.J., and Mullins, S.J.  Opinion by Potterfield, S.J.  (14 pages)

            Abdalla Mousa appeals his conviction for third-degree sexual abuse, contending there is insufficient evidence the sex act was “by force or against the will of” the complainant, C.K.  Mousa also asserts the trial court erred in allowing hearsay statements made ten to twelve hours after the incident as an excited utterance; the court improperly instructed the jury as requested by defense counsel; counsel were ineffective in requesting an erroneous jury instruction; and the court improperly concluded his waiver of Miranda rights was knowing, intelligent, and voluntary.  OPINION HOLDS: Finding sufficient evidence supports the conviction for third-degree sexual abuse, no error in admitting C.K.’s excited utterances, and that Mousa’s Miranda waiver was knowing and voluntarily entered, we affirm the conviction.  We do not address claims of ineffective assistance of counsel on direct appeal.