2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Mitchell County, Dedra Schroeder, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  Dissent by Ahlers, J.  (8 pages)

            A defendant appeals the sentence imposed following his pleas of guilty to two counts of domestic abuse assault by impeding airflow and one count of willful injury causing bodily injury.  OPINION HOLDS: We find no abuse of discretion in the court’s sentencing decision imposing incarceration.  Further, the court stated sufficient reasoning for the imposition of consecutive sentences.  DISSENT ASSERTS: I dissent for two reasons.  First, the district court merely recited sentencing factors without providing any reasoning for imposing the selected sentence.  Second, I believe the sentence imposed is illegal because the district court suspended the fines imposed without also placing the defendant on probation.  I would vacate the sentence and remand for resentencing.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED ON APPEAL; REVERSED ON CROSS-APPEAL.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (18 pages)

            Parties appeal and cross-appeal a district court ruling on judicial review of action of the workers’ compensation commission.  On appeal, the employer claims the district court erred in (1) concluding the agency had “subject matter jurisdiction and statutory authority to hear and rule” on the fifth application for alternate medical care, (2) determining judicial estoppel applied to prevent the denial of liability for treatment, and (3) declining to issue a stay and entering judgment on the agency’s order for alternate care.  On cross-appeal, the claimant challenges the court’s conclusion that the agency could not consider the sixth alternate-care application.  OPINION HOLDS: We affirm the district court on its conclusions that the agency had jurisdiction and authority to consider the fifth petition for alternate medical care and that the agency properly applied the concept of judicial estoppel.  As a result, we conclude the court’s denial of the employer’s motion for stay and its entry of judgment on the alternate-care decision did not prejudice its substantial rights.  But we reverse the court’s conclusion that the agency did not have jurisdiction to hear the sixth alternate-care application alleging abandonment and its vacation of that decision.    

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            Jon Kucharo appeals the district court’s denial of his motion to dismiss based on the claim the trial information did not include a valid signature.  OPINION HOLDS: The signature on the trial information was valid, so the district court correctly denied Kucharo’s motion to dismiss.

            Appeal from the Iowa District Court for Clinton County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (5 pages)

            A mother appeals the district court’s modification decree.  OPINION HOLDS: On our de novo review, we determine the mother did not meet her heavy burden to show a substantial and material change of circumstances to modify the custodial and physical care provisions of the original custody order.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (7 pages)

            Brian Janti appeals from the decree dissolving his marriage to Tina Janti, challenging the district court’s decision to place the parties’ child in the parties’ joint physical care.  He asks to have the child placed in his physical care.  Both parties request appellate attorney fees.  OPINION HOLDS: We determine the court properly considered the evidence and found the child should be placed in the joint physical care of both parents.  We decline to award appellate attorney fees to either party.

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

            A mother appeals the court’s decision denying her request to terminate the parental rights of her child’s biological father.  OPINION HOLDS: The mother did not meet her burden to show by clear and convincing evidence that the father abandoned the child.  We affirm the district court’s decision.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (7 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds for termination, argues termination is not in the child’s best interests, contends the court failed to consider any permissive exceptions to termination, and requests additional time to work toward reunification.  OPINION HOLDS: Because the father has only challenged one of the two grounds for termination, he has waived any challenge to the unchallenged ground for termination.  Termination is in the child’s best interests, and the father has not met his burden to show that a permissive exception should apply to preclude termination.  We do not grant the father any additional time to work toward reunification.

            Appeal from the Iowa District Court for Tama County, Casey Jones, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Buller, JJ. Opinion by Schumacher, J.  (8 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: As we determine that termination is in the best interest of the children, a further delay in permanency is unwarranted, and a guardianship is not the appropriate permanency option, we affirm.

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

            A mother appeals the termination of her parental rights to three children, contending that termination is not in their best interests and requesting more time.  OPINION HOLDS: We see no reason to extend the time that has already been given to the mother while she was unable to stabilize herself and be a successful parent.  Termination and a move toward stability is in the children’s best interests, and the strength of the parent-child relationship does not counsel against termination. 

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (14 pages)

            A mother appeals the permanency order continuing placement of her two children in the sole custody of their father.  OPINION HOLDS: Because we find that the State has demonstrated that the children could not be returned to the custody of the mother without causing them harm due to her numerous and unsubstantiated reports of child abuse to the department and law enforcement, alcohol abuse, and inability to regulate her emotions, continuing their placement with the father is in their best interests, and we affirm.

            Appeal from the Iowa District Court for Dickinson County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (11 pages)

            A mother appeals the permanency order placing a child in a guardianship.  OPINION HOLDS: We affirm because the mother has failed to acknowledge or address problems inside the home, including domestic violence, substance abuse, animal abuse, physical abuse, and sexual abuse.

            Appeal from the Iowa District Court for Crawford County, Kristal L. Phillips, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A father appeals the termination of his parental rights to his twins.  He contends the State failed to prove both the grounds for termination and that termination is in the children’s best interests.  OPINION HOLDS: Because the statutory grounds for termination have been established and termination is in the best interests of the children, we affirm termination of the father’s parental rights.