Filed Aug 09, 2023
View Opinion No. 22-1747
View Summary for Case No. 22-1747
Appeal from the Iowa District Court for Appanoose County, Lucy J. Gamon, Judge. AFFIRMED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (8 pages)
Teresa Liford appeals the district court’s ruling that she is not entitled to Second Injury Fund benefits. OPINION HOLDS: Substantial evidence necessary supports the finding that Liford did not have a separate and distinct second injury. Because Liford is not entitled to benefits from the Second Injury Fund, we affirm the district court’s ruling.
Filed Aug 09, 2023
View Opinion No. 22-1836
View Summary for Case No. 22-1836
Appeal from the Iowa District Court for Scott County, Meghan K. Corbin, Judge. AFFIRMED. Considered by Ahlers, P.J., Chicchelly, J., and Doyle, S.J. Opinion by Doyle, S.J. (5 pages)
Scott Decker contends the sentencing court abused its discretion by imposing prison rather than probation supervision. OPINION HOLDS: Because the sentencing court did not abuse its discretion, we affirm.
Filed Aug 09, 2023
View Opinion No. 22-1901
View Summary for Case No. 22-1901
Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge. AFFIRMED. Considered by Bower, C.J., Schumacher, J., and Mullins, S.J. Opinion by Mullins, S.J. (5 pages)
A defendant appeals his convictions, alleging error in the district court’s denial of his request for substitute counsel. OPINION HOLDS: Finding the defendant is not entitled to any relief on appeal, we affirm.
Filed Aug 09, 2023
View Opinion No. 22-1926
View Summary for Case No. 22-1926
Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge. AFFIRMED AS MODIFIED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Schumacher, P.J. (11 pages)
Colin Hall appeals the district court order on custody, visitation, and support for his child with his former girlfriend, Jena Weissenburger. He claims the court should have ordered joint physical care of their child, R.J.W. He also challenges several provisions of the court’s order on visitation. Finally, he appeals the court’s order providing Jena the ability to claim R.J.W. as a dependent for tax purposes for four consecutive years. OPINION HOLDS: We find awarding Jena physical care of R.J.W. is in the child’s best interests. The court’s order on the visitation schedule, except for summer visitation, is equitable. The court should not have deviated from the parties’ stipulation on summer visitation. And permitting Jena the ability to claim the child as a dependent for four consecutive years is inequitable. We deny Jena’s request for appellate attorney fees. We affirm as modified.
Filed Aug 09, 2023
View Opinion No. 23-0315
View Summary for Case No. 23-0315
Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge. REVERSED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Greer, J. (10 pages)
A father appeals the termination of parental rights under Iowa Code chapter 600A (2022). OPINION HOLDS: Because she has not met her burden on the statutory grounds for termination, we reverse the district court’s termination of the father’s parental rights.
Filed Aug 09, 2023
View Opinion No. 23-0489
View Summary for Case No. 23-0489
Appeal from the Iowa District Court for Scott County, Michael Motto, District Associate Judge. AFFIRMED. Considered by Greer, P.J., and Schumacher and Badding, JJ. Opinion per curiam. (6 pages)
A father appeals the termination of his parental rights. OPINION HOLDS: Because we are unable to review the father’s challenge to whether the State made reasonable efforts and the State proved the grounds for termination, we affirm.
Filed Aug 09, 2023
View Opinion No. 23-0501
View Summary for Case No. 23-0501
Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Ahlers, J. (4 pages)
A father appeals the termination of his parental rights. He challenges the statutory grounds authorizing termination and requests additional time to work toward reunification. OPINION HOLDS: The State established a statutory ground authorizing termination, and we decline to grant the father additional time to work toward reunification.
Filed Aug 09, 2023
View Opinion No. 23-0720
View Summary for Case No. 23-0720
Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Bower, C.J. (6 pages)
A mother appeals the permanency order and grant of concurrent district court jurisdiction in child-in-need-of-assistance proceedings. OPINION HOLDS: The juvenile court’s custody determination and grant of concurrent jurisdiction in the permanency order are in the child’s best interests, and we affirm.
Filed Aug 09, 2023
View Opinion No. 23-0746
View Summary for Case No. 23-0746
Appeal from the Iowa District Court for Benton County, Carrie K. Bryner, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Ahlers and Buller, JJ. Opinion by Buller, J. (6 pages)
A mother appeals the termination of her parental rights. OPINION HOLDS: We affirm, finding the State proved the statutory elements of termination, reasonable efforts at reunification were provided to the mother, the juvenile court did not err in declining to grant a six-month extension, and the juvenile court did not err in declining to apply a permissive exception.
Filed Aug 09, 2023
View Opinion No. 23-0754
View Summary for Case No. 23-0754
Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Ahlers, J. (5 pages)
A mother and child separately appeal from a permanency order directing the child be placed in a guardianship. Both seek the child’s return to the mother’s custody, and the mother also requests additional time to work toward reunification. OPINION HOLDS: The child could not be safely returned to the mother, and we do not grant additional time to work toward reunification.
Filed Aug 09, 2023
View Opinion No. 23-0792
View Summary for Case No. 23-0792
Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Ahlers and Buller, JJ. Opinion by Tabor, P.J. (8 pages)
A mother appeals the termination of her parental rights to her three-year-old son, pointing out that she has custody of her younger daughter. OPINION HOLDS: Because the current proceeding concerns only K.B., and there is little in the record regarding the younger child, we decide based on the record in K.B.’s case. That record shows the State proved the grounds for termination, it is in K.B.’s best interests to terminate the mother’s rights, no permissive exception applies, and termination is more appropriate than guardianship with the maternal grandmother. So we affirm the termination.
Filed Aug 09, 2023
View Opinion No. 23-0822
View Summary for Case No. 23-0822
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 Schumacher, P.J. (6 pages)
A mother appeals the termination of her parental rights to her two young children. She claims the juvenile court should have granted a six-month extension for reunification efforts. She also claims that termination is not in the children’s best interests. And she contends the juvenile court should not have terminated her parental rights due to her close bond with the children. OPINION HOLDS: A six-month extension is not supported in the record. Termination is in the children’s best interests. Finally, we decline to apply a permissive exception.