2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Jason Bringus appeals the denial of his application for postconviction relief, claiming his plea attorney “breached an essential duty by failing to procure a medical expert to testify on [his] behalf.”  OPINION HOLDS: We affirm the denial of Bringus’ postconviction-relief application.

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (8 pages)

            Jonathan Gordon challenges the summary disposition of his postconviction-relief (PCR) petition.  OPINION HOLDS: Gordon failed to present genuine issues of material fact for any of his three PCR claims.  So summary disposition was proper.  We affirm.

            Appeal from the Iowa District Court for Poweshiek County, Lucy G. Gamon, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            Kelly Scott, formerly Kelly McClenathan, appeals the district court decision denying her application for modification of the child custody provisions of the parties’ dissolution decree.  OPINION HOLDS: Kelly has not shown a material change in circumstances outside of the court’s contemplation at the time of the dissolution decree nor the ability to provide superior care for the children at issue.  So we affirm the district court.  We also deny Kelly’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Clarke County, John D. Lloyd and Elisabeth Reynoldson, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (5 pages)

            Alexa Gibson appeals from the temporary child support order where the court ordered joint physical care.  OPINION HOLDS: We discern no error requiring a modification of the temporary support order.  We therefore affirm.

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

            Carlson Schindler appeals following a ruling on his petition to modify a dissolution decree, arguing the district court “abused its discretion in awarding [Brandi Preul] attorney fees” and in ordering him “to pay the attorney fees for representation of the minor child.”  OPINION HOLDS: We affirm the district court’s attorney fee awards to Preul and the child’s attorney, and we conclude Schindler should pay the entirety of Preul’s $7700 appellate attorney fee bill. 

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge. AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (5 pages)

            Michael Proffitt appeals his sentences for two counts of felony stalking.  He argues that the district court should have granted him probation.  OPINION HOLDS: Given Proffitt’s criminal history and the pervasive nature of his acts, the court exercised proper discretion by imposing incarceration rather than probation.  We affirm. 

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  REVERSED.  Considered by Schumacher, P.J., and Ahlers, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (11 pages)

A father appeals from the modification of a joint physical care arrangement.  OPINION HOLDS: Upon our de novo review, we find there has not been a substantial and material change in circumstances warranting a modification in the physical care provisions of the parties’ original decree. 

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

A defendant appeals his conviction and sentence for possession with intent to distribute, claiming the district court violated his due process rights by not conducting an in-person plea colloquy.  He also contends the court improperly sentenced him to prison, rather than a term of probation.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  SENTENCES VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            John Hoffman appeals the sentences imposed after he pled guilty to homicide by vehicle, nonconsensual termination of a human pregnancy, and serious injury by vehicle.  OPINION HOLDS: Hoffman’s guilty plea was conditioned on the district court’s adherence to the parties’ agreement for concurrent sentences.  Because the court imposed consecutive sentences, Hoffman was entitled to withdraw his guilty plea. 

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother challenges the termination of her parental rights to five children, claiming maintaining a relationship with her is in the children’s best interests and guardianships in the children’s current placements was preferable to termination.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Mitchell County, Karen Kaufman Salic, District Associate Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by May, P.J., Schumacher and Badding, JJ.  Opinion by Badding, J.  (16 pages)

            A mother appeals the termination of her parental rights to her child, arguing termination is contrary to the child’s best interests, statutory exceptions should be applied to preclude termination, and permanency should be accomplished through either the establishment of a guardianship in the maternal grandmother or another planned permanent living arrangement.  OPINION HOLDS: We reverse the decision of the juvenile court terminating the mother’s parental rights and remand for dismissal of the petition and the entry of a permanency order consistent with this opinion.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Ahlers, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            A mother appeals the termination of her parental rights to a child, contending (1) the State failed to prove the ground for termination cited by the juvenile court and failed to afford her additional time to reunify; (2) the department of human services failed to make reasonable efforts to facilitate reunification; (3) termination was not in the child’s best interests; and (4) the juvenile court should have granted an exception to termination based on the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.