May 2023 Archive | Court of Appeals Court Opinions

              Appeal from the Iowa District Court for Buchanan County, Andrea J. Dryer, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (16 pages)

              David Barche appeals custody and financial provisions in the decree dissolving his marriage to Edyta Cichon-Barche.  He contends that the district court erred in four ways: (1) awarding shared physical care of their two children; (2) requiring him to pay spousal support; (3) ordering him to pay the guardian ad litem (GAL) fees; and (4) failing to credit him for the amount he paid for the children’s medical insurance when calculating the child support award.  Edyta requests an award of appellate attorney fees.  OPINION HOLDS: We find shared care was appropriate, traditional spousal support was equitable, and the court did not err in assigning all court costs, including the GAL fees, to David.  But we do find modification necessary on the child support calculation.  We remand for the district court to give David credit for his contribution to the children’s insurance.  Finally, because she prevails on most issues, we find Edyta is entitled to appellate attorney fees, which the court should determine on remand.

              Appeal from the Iowa District Court for Washington County, John G. Linn, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J. (4 pages)

              Mark Alan Poggenpohl contends there is insufficient evidence to support his conviction for delivery of methamphetamine.  OPINION HOLD: Viewing the evidence in the light most favorable to the verdict, substantial evidence supports the jury’s verdict, so we affirm.

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  WRIT SUSTAINED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            The State petitioned for certiorari, challenging a district court order which overturned an administrative law judge’s (ALJ) determination that the Department of Corrections was justified when it removed Augustus Stoy from the sexual offender treatment program.  The State claims the district court improperly supplanted the ALJ’s decision.  OPINION HOLDS: We find the district court erred by overturning the ALJ and sustain the writ.  

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Heard by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Parco appeals from the district court’s grant of summary judgment for Shri Lambodara.  OPINION HOLDS: We affirm, finding the district court did not err in determining the contested covenant was an affirmative easement or in dismissing Parco’s counterclaims.

            Appeal from the Iowa District Court for Howard County, Richard D. Stochl, Judge.  AFFIRMED IN PART AND REMANDED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (12 pages)

            A mother appeals a custody decree placing the parties’ child in their joint physical care.  OPINION HOLDS: We affirm the district court’s decision to place the parties’ child in their joint physical care and remand the case to the court to set a specific parenting schedule.  Both parties’ requests for appellate attorney fees are denied, and costs on appeal are assessed equally between the parties.

            Appeal from the Iowa District Court for Jefferson County, Lucy Gamon, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J. (3 pages)

            Jordan McKim Crawford appeals the mandatory minimum sentence imposed for his conviction of robbery in the second degree.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, District Associate Judge. APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (4 pages)

James Smith appeals his criminal convictions, following guilty pleas, claiming trial counsel was ineffective in failing to adequately advise him of the obligation to file a motion in arrest of judgment and the consequences of not filing.  OPINION HOLDS: Because Smith only forwards ineffective-assistance claims upon which we cannot provide relief on direct appeal, he does not have good cause to appeal following his guilty pleas.  As a result, we dismiss the appeal.

            Appeal from the Iowa District Court for Madison County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A father appeals the termination of his parental rights under Iowa Code section 600A.8(3) (2021), contending (1) the mother failed to prove abandonment and (2) termination of his parental rights was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

            Appeal from the Iowa District Court for Crawford County, Steven J. Andreasen, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            William (Bill) and Mary Patricia (Pat) Wendt appeal the denial of Pat’s request to remove the co-guardians of their adult dependent daughter and denial of Bill’s request for visitation. Pat argues the co-guardians should be removed for failure to perform their lawful duties.  Bill requests supervised visitation after a prior court order revoked his visitation.  Pat and Bill also request that their appellate attorney fees be assessed against the appellees.  OPINION HOLDS: Upon our de novo review, we affirm the district court’s decision to not remove the co-guardians or award visitation to Bill.  We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  Dissent by Tabor, P.J. (26 pages)

            A mother appeals the termination of her parental rights.  She claims the State did not establish a ground for termination.  She also claims termination is not in the child’s best interests, and that this court should decline to terminate her rights due to the close bond she shares with the child.  OPINION HOLDS: We find the State established a ground for termination by clear and convincing evidence.  Termination is in the child’s best interests.  And we decline to apply an exception.  We affirm.  DISSENT ASSERTS: Because I find the mother has left no serious or substantial doubts that termination will harm B.B. due to their strong bond, ending their relationship does not achieve justice.  I dissent.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A child appeals from disposition after she was adjudicated delinquent.  OPINION HOLDS: Because the child offered no evidence of improper factors or clearly untenable reasoning, we affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to two children, contending (1) the record lacks clear and convincing evidence to support the grounds for termination cited by the district court; (2) termination was not in the children’s best interest; and (3) the district court should have granted exceptions to termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the children.