2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Kossuth County, David C. Larson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (3 pages)

            A father appeals the juvenile court’s denial of his motion to continue the hearing on the mother’s petition to terminate his parental rights.  OPINION HOLDS: We find no abuse of the court’s discretion and summarily affirm.

            Appeal from the Iowa District Court for Mills County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Laron Hampton appeals the district court’s denial of his application for postconviction relief following his 2018 convictions for three counts of second-degree sexual abuse.  Hampton claims his trial counsel was ineffective by “failing to preserve error related to [the admissibility of] medical records” and alternatively, his appellate counsel was ineffective “for failing to raise this issue on direct appeal.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (18 pages)

            An employer and its insurer appeal from the district court’s ruling denying their petition for judicial review of the Iowa Deputy Workers’ Compensation Commissioner’s (Commissioner) remand decision.  They argue the Commissioner erred by (1) failing to make explicit findings on the employee’s credibility; (2) determining the discovery rule date to be April 15, 2013; (3) finding the employee’s low back and mental conditions were causally related to and permanently aggravated by her employment with the employer and caused her to be permanently and totally disabled; and (4) finding the employee was entitled to penalty benefits.  OPINION HOLDS: We affirm, discerning no errors of law and finding substantial evidence supports all the Commissioner’s factual findings and determinations. 

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

            Hannah Johnston appeals the sentence imposed after revocation of her deferred judgment and probation, claiming the district court abused its discretion by considering unproven charges in imposing the sentence.  OPINION HOLDS: Because Johnston failed to show the district court relied on those charges in determining her sentence, we affirm.

            Appeal from the Iowa District Court for Kossuth County, John M. Sandy, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Sandy, J., takes no part.  Opinion by Langholz, J.  (7 pages)

            William Harris appeals his two convictions for third-degree sexual abuse challenging the sufficiency of the evidence that he performed a “sex act” when he touched two patients during their echocardiogram appointments.  OPINION HOLDS: Substantial evidence supports the jury verdicts.  Both patients testified that Harris inappropriately touched them.  They were only scheduled to receive an echocardiogram—there was no reason Harris needed to remove their pants or touch below their chests.  And the jury could reject his explanation that he was performing a deep-vein-thrombosis screen as not credible.

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  APPEAL DISMISSED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A self-represented plaintiff appeals the district court’s grant of summary judgment to defendants on claims arising from failed negotiations between two business entities.  OPINION HOLDS: Because the alleged injuries pertain to the business, not the plaintiff in his personal capacity, the plaintiff lacked standing to pursue the claims in his personal capacity. 

            Appeal from the Iowa District Court for Linn County, Chad A. Kepros, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (8 pages)

            As the settlor and beneficiary of a “private expressed trust,” Kyle Hane petitioned for relief from the district court to address a vacancy in the office of the trustee.  The district court denied the petition and dismissed the action with prejudice.  OPINION HOLDS: Given the state of the record before us and with no options to remedy that problem, we affirm the dismissal of the action.  However, the district court’s determination was not an adjudication on the merits as there was no hearing or evidence presented, so we modify the ruling to dismissal without prejudice and remand to the district court with directions to modify its order accordingly. 

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (13 pages)

            Jacob Tripp appeals the district court’s custody decree granting Mallory Jensen physical care of their minor son.  He argues placing the child in Jensen’s physical care is not in the child’s best interests.  OPINION HOLDS: Upon our de novo review of the record, we affirm the district court’s physical care determination.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Sandy, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            A guardian challenges the transfer of jurisdiction over a juvenile case to Texas.  OPINION HOLDS: While we conclude Iowa could assert exclusive, continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act despite Texas’s initial jurisdiction, we find Iowa correctly declined to exercise that jurisdiction as an inconvenient forum and affirm the district court’s order.

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  Partial Dissent by Ahlers, J. (13 pages)

            A mother appeals the termination of her parental rights to her youngest child.  OPINION HOLDS: Because we conclude the child could not be safely returned to the mother’s custody at the time of the termination trial and an additional six months would not resolve the need for the child’s removal, we affirm the termination of the mother’s parental rights.  PARTIAL DISSENT ASSERTS: I agree that the child could not be safely returned to the mother at the time of the termination hearing, so I concur with the majority’s determination that the State established statutory grounds for termination.  However, I would conclude termination is not in the child’s best interest and provide the mother with a six-month extension to work toward reunification given her documented progress since the permanency hearing.

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

            Father appeals the termination of parental rights, disputing the statutory basis and arguing termination is not in the children’s best interests.  The father also asks for additional time or for the appointment of a guardianship.  OPINION HOLDS: Because we find sufficient grounds for termination, we affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (5 pages)

            A mother and father separately appeal the termination of their parental rights to their two children.  OPINION HOLDS: We summarily affirm both appeals.