2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to their children, born in 2020 and 2022.  Both contend the State failed to prove the grounds for termination cited by the district court, termination is not in the children’s best interests due to the bonds they share with the children, and the State did not engage in reasonable efforts to reunite them with the children.  The father also requests additional time to work toward reunification.  OPINION HOLDS: Upon our review, we affirm both appeals. 

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            A mother appeals the termination of her parental rights to her two daughters.  OPINION HOLDS: The State proved by clear and convincing evidence the girls could not be returned to the mother’s custody at the time of the termination hearing.  Indeed, in nearly a year and a half, the mother never completed substance-use treatment and tested positive for methamphetamine a month before the hearing.  And her neglect and substance use has caused difficulties for the girls—requiring reliable care and support that the mother is unable to provide.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  She implicitly challenges one of the two statutory grounds for termination, argues termination is not in the child’s best interests, and requests additional time to work toward reunification.  OPINION HOLDS: As the mother does not challenge one of the statutory grounds for termination, her challenge under that ground is waived.  Termination is in the child’s best interests.  We do not grant the mother any additional time to work toward reunification. 

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

                J.W. appeals the termination of his parental rights to K.J., contending a six‑month extension should have been granted.  OPINION HOLDS: Because the need for removal will still exist after six months, we decline to grant an extension and affirm termination of J.W.’s parental rights to K.J.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (6 pages)

            A jury found Leon Bearshield guilty of child endangerment causing bodily injury.  On appeal, Bearshield maintains he was denied his constitutional right to testify; he asks us to reverse his conviction and remand for new trial.  The State characterizes the issue differently, noting Bearshield had the opportunity to present a defense—including his own testimony—during his case-in-chief and chose not to do so  Thus, the State maintains the appropriate question on appeal is whether the district court abused its discretion in denying Bearshield’s motion to reopen the record—not whether the court prevented Bearshield from exercising his constitutional right to testify.  OPINION HOLDS: We agree with the State that the issue properly before us is whether the district court abused its discretion in denying Bearshield’s motion to reopen the record.  Following our review, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Mills County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            A criminal defendant appeals the denial of postconviction relief.  OPINION HOLDS: Wilson’s trial and appellate counsel did not breach any essential duties by not objecting to the State’s experts or the burden of proof during the criminal trial, and Wilson’s insufficient briefing on appeal waives his ineffective-assistance arguments relating to his life sentences.  We therefore affirm the PCR court. 

            Appeal from the Iowa District Court for Monona County, Tod Deck, Judge.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by Greer, P.J., Langholz, J., and Gamble, S.J.  Opinion by Gamble, S.J. (25 pages)

            A criminal defendant contests the exclusion of evidence under Iowa Rule of Evidence 5.412, asserts the district court erred in denying his request for a voluntary-participation instruction, challenges the sufficiency of the evidence for one offense, and claims the district court exceeded its authority in sentencing.  OPINION HOLDS: We find the district court did not abuse its discretion by excluding the evidence under rule 5.412 or in denying his requested instruction, and sufficient evidence supports the conviction of sexual exploitation of a minor.  We sever and vacate part of the sentence and remand for entry of a corrected sentencing order.

            Appeal from the Iowa District Court for Dubuque County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            Berwanger moves for postconviction relief on two claims of ineffective assistance of counsel.  The appellant claims that his trial counsel was ineffective because trial counsel did not impeach the complaining child witness and failed to object to vouching testimony.  OPINION HOLDS: We find that the inconsistencies between the child’s trial testimony, deposition, and CPC interview were minor and unlikely to change the outcome of the case.  In addition, the testimony of the expert witness did not rise to the level of vouching testimony.  We affirm on both grounds.

            Appeal from the Iowa District Court for Johnson County, Valerie L. Clay, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Sandy, J., and Telleen, S.J.  Opinion by Ahlers, P.J.  (11 pages)

            Ishmael Carter challenges the sufficiency of the evidence supporting his convictions for arson in the first degree and five counts of attempted murder.  He argues the State failed to present sufficient evidence establishing he was the person who set an apartment on fire and intended to cause the death of the apartment’s occupants.  OPINION HOLDS: The State provided substantial evidence establishing identity and intent.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, C.J., Badding, J., and Carr, S.J.  Buller, J., takes no part.  Opinion by Carr, S.J.  (8 pages)

            William Roland appeals from the district court’s denial of his application for postconviction relief (PCR) related to his criminal conviction in Polk County, arguing his trial counsel was ineffective for failing to object to the lack of unanimity in the charge and jury verdict and failing to consult experts for his defense.  OPINION HOLDS: We affirm the district court’s denial of Roland’s application for PCR.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J. (7 pages)

            Angres Kau appeals his conviction for attempted murder after he stabbed his wife.  He argues he could not form the required specific intent due to his intoxication.  OPINION HOLDS: The State established substantial evidence that Kau had the ability to form specific intent and had the specific intent to kill his wife when he stabbed her in the back with a knife.

            Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Skyler McKasson appeals the district court’s declaratory judgment that an employee of Brown’s Heavy Equipment did not have consent to drive Brown’s truck when it was in an accident with McKasson and thus that Brown’s is not liable under Iowa Code section 321.493(2)(a) (2021) and the employee was uninsured by Cincinnati Insurance Company.  OPINION HOLDS: This declaratory judgment action was tried to the court at law—not in equity.  So we review only for corrections of errors at law—not de novo as urged by McKasson.  Thus, the district court’s factual findings are binding on us if supported by substantial evidence.  Because we agree that substantial evidence supports the district court’s finding that the employee lacked consent to drive Brown’s truck, we affirm the court’s declaratory judgment.