2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Kimberly J. Smith, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (6 pages)

            Following his convictions for child endangerment and domestic abuse assault causing bodily injury, Armstrong Kyne appeals the revocation of his bond, arguing his statutory and constitutional rights were violated, as well as his sentence, arguing the district court made errors of law and considered inappropriate factors.  OPINION HOLDS: We affirm the district court ruling because we lack jurisdiction to address the issue of his bond revocation, and the district court made no abuse of discretion and considered no improper factors in his sentencing.

            Appeal from the Iowa District Court for Scott County, Tamra J. Roberts, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  Dissent by Tabor, C.J.  (10 pages)

            Brandon Ruiz appeals the dismissal of his second application for postconviction relief (PCR).  He asks us to adopt equitable tolling and, alternatively, claims he is entitled to relief because counsel for this PCR action failed to submit any filings on his behalf in the district court, resulting in the dismissal of his case.  OPINION HOLDS: We affirm the dismissal of Ruiz’s second PCR application.  DISSENT ASSERTS: Because I believe that Ruiz was denied his right to effective assistance of postconviction counsel, I respectfully dissent.

            Appeal from the Iowa District Court for Greene County, Ashley Beisch, Judge.  AFFIRMED.  Considered by Tabor, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (10 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 any permissive exceptions to termination or to establish a guardianship in lieu of termination.  We do not grant the mother any additional time to work towards reunification.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A mother appeals the termination of parental rights and denial of her request for additional time.  OPINION HOLDS: Despite the deficiencies in the juvenile court’s ruling, we affirm.

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nichol, Judge.  AFFIRMED IN PART AND VACATED IN PART.  Considered by Tabor, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother appeals a bridge order entered in a child-in-need-of-assistance proceeding.  OPINION HOLDS: I. We affirm the issuance of a bridge order granting the parents joint legal custody of the child and placing the child in the father’s physical care.  We vacate the portion of the order conditioning the mother’s ability to exercise visitation with the child on access to the mother’s confidential medical and mental-health records.  II. We find no due process violation based on the incomplete transcript of the permanency hearing.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

            The juvenile court terminated the mother’s parental rights to K.R., born in 2014, pursuant to Iowa Code section 232.116(1)(d), (e), (f), and (i) (2024).  The mother appeals, challenging the statutory grounds for termination and whether the loss of her rights is in K.R.’s best interests.  OPINION HOLDS: Without an approved home study of the shelter where the mother was living in Florida, the juvenile court could not return custody of K.R. to the mother at the time of the termination trial.  The statutory ground for termination under section 232.116(1)(f) was proved.  And because the mother and K.R. have had no in-person contact in seven years and K.R. has a heightened need for a safe, stable home, termination of the mother’s rights is in his best interest. 

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (4 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: Finding no cause for reversal, we affirm. 

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Buller, J., and Doyle, S.J. Opinion by Schumacher, P.J.  (6 pages)

            Defendant appeals his convictions for murder in the first degree and domestic abuse assault with a dangerous weapon.  He argues the State failed to present sufficient evidence to support his convictions.  OPINION HOLDS: We determine there was sufficient evidence and affirm.

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Steven Elliott Jr. appeals his convictions for assault causing bodily injury and assault with intent to commit sexual abuse.  He alleges the district court committed four errors: (1) denying his motions to strike two potential jurors; (2) admitting Jackie’s 911 call into evidence; (3) permitting a police officer to testify about the effect of traumatic events on witness memories; and (4) allowing the jury to hear a reference to Elliott getting out of jail.  OPINION HOLDS: We find the district court did not err or abuse its discretion, or alternatively that no prejudice resulted from its rulings.  So we affirm the rulings and convictions.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Alan Lucas appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: We affirm the summary dismissal of Lucas’s application based on the time bar in Iowa Code section 822.3 (2021).  As a result, we need not consider Lucas’s challenge to the other grounds on which the court granted summary dismissal.

            Appeal from the Iowa District Court for Scott County, Meghan K. Corbin, Judge.  CONVICTIONS AFFIRMED; SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Bower, S.J.  (19 pages)

            Clinton Vanfossen appeals his convictions for electronic or mechanical eavesdropping, preventing apprehension or obstruction of prosecution, and five counts of invasion of privacy–nudity.  Vanfossen challenges the district court’s denial of his motion in limine, the sufficiency of the evidence supporting his convictions, and the sentence imposed by the court.  OPINION HOLDS: Upon review, we affirm Vanfossen’s convictions, but we vacate the sentencing order and remand for resentencing.

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge. AFFIRMED. Considered by Greer, P.J., Buller, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (3 pages)

            Edward Grayson appeals from the district court order granting the State’s motion for summary disposition of his postconviction-relief application.  OPINION HOLDS: Grayson’s application for postconviction relief is time-barred by Iowa Code section 822.3 (2022).