October 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            Ezekiel Larson appeals his sentence following a guilty plea.  OPINION HOLDS: Larson cannot establish that the district court abused its sentencing discretion.

            Appeal from the Iowa District Court for Page County, Justin R. Wyatt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (4 pages)

            Jennifer Archer appeals the revocation of her deferred judgment and conviction for third-degree burglary, arguing that the district court violated her state and federal due-process rights by doing so without providing a hearing or a statement of the factual basis for the revocation.  OPINION HOLDS: The district court held a revocation hearing—at the same time as the sentencing hearing for the convictions on the new charges that were the basis for revocation.  And the written record of the hearing provides a sufficient statement of the basis for the revocation—especially since Archer did not contest that basis at the hearing.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (22 pages)

            A mother appeals the termination of her parental rights to four of her children.  The mother’s daughter also appeals termination of parental rights as to her.  OPINION HOLDS: We affirm the juvenile court’s ruling because we find (1) the juvenile court had subject matter jurisdiction; (2) clear and convincing evidence supported Iowa Code section 232.116(1)(d) (2023) for termination and the termination is in the children’s best interest; (3) the mother did not preserve her claim that the juvenile court erred in declining to grant her a six-month extension for unification; (4) the GAL’s failure to comply with statutory duties did not amount to reversible error; (5) no structural error occurred; and (6) the mother’s constitutional arguments were waived on appeal.

            Appeal from the Iowa District Court for Bremer County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the termination of her parental rights to her child, contending the State failed to prove the statutory grounds for termination and requesting a six‑month extension to work towards reunification.  OPINION HOLDS: Having found the statutory grounds satisfied and no extension is warranted, we affirm termination of the mother’s parental rights to M.T.

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J. (8 pages)

            A mother appeals the termination of her parental rights under Iowa Code section 232.116(1)(f) (2024).  She argues the State failed to prove the statutory ground for termination and termination is not in the best interests of the children.  OPINION HOLDS: On our de novo review, we conclude clear and convincing evidence exists in this record to support the statutory ground for termination and termination is in the best interests of the children.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground for termination.  Termination is in the child’s best interests.  We decline to apply a permissive exception to termination or to establish a guardianship in lieu of termination.  And we do not grant the mother additional time to work toward reunification.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (9 pages)

            A mother appeals the termination of her parental rights to her one-year-old and three-year-old daughters.  She argues that terminating her rights was not in the children’s best interests.  OPINION HOLDS: After our independent review of the record, we reach the same conclusion as the juvenile court.  As that court found, termination of the mother’s parental rights is the children’s “best chance at long-term stability, growth, and healthy development.”  So, we affirm.

            Appeal from the Iowa District Court for Wayne County, Patrick W. Greenwood and Monty Franklin, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (14 pages)

            A mother appeals the adjudication of her five children as children in need of assistance, their continued removal from her custody, and the out-of-state placement of the oldest child.  She also contends the State has not made reasonable efforts toward reunification.  Finally, she asserts that returning her children to her custody is in their best interests.  OPINION HOLDS: Because the State did not offer clear and convincing evidence to support adjudication on two of three grounds, we reverse in part and affirm in part.

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (11 pages)

            A mother appeals the termination of her parental rights, arguing (1) there was not clear and convincing evidence that her parental rights should be terminated pursuant to section 232.116(1)(f) (2024); and (2) there was not clear and convincing evidence that termination of the mother’s parental rights was in the best interest of the children pursuant to section 232.116(2).  OPINION HOLDS: We affirm the juvenile court’s termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Badding and Sandy, JJ.  Opinion Per Curiam.  (7 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The father only challenges whether clear and convincing evidence supports the juvenile court decision to terminate his rights.  After reviewing the record, we find that it does and affirm the juvenile court’s decision. 

            Appeal from the Iowa District Court for Jones County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Danilson, S.J.   Opinion by Danilson, S.J.  Dissent by Ahlers, P.J. (11 pages)

            Michael Dutcher requests we grant him a delayed appeal and address is claim that the district court failed to comply with Iowa Rule of Criminal Procedure 2.23 at sentencing.  OPINION HOLDS: We grant Dutcher a delayed appeal.  We bypass the State’s error-preservation challenge and determine the district court substantially complied with rule 2.23.  DISSENT ASSERTS: Because there is no record evidence supporting Dutcher’s claims to justify granting a delayed appeal, I would not grant a delayed appeal and dismiss the appeal for lack of jurisdiction.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (16 pages)

            Daniel Jackson appeals his convictions for murder, robbery, and burglary, all in the first degree.  He contends there is insufficient evidence to support the verdicts and the district court abused its discretion in evidentiary rulings.  OPINION HOLDS: We find substantial evidence supports the verdicts and the district court did not abuse its discretion when it admitted police officer body camera video depicting the victim near death on the scene and a Snapchat video of Jackson holding a pellet gun.  So, we affirm.