2024 Archive | Court of Appeals Court Opinions

Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Partial Dissent by Buller, J. (10 pages)

            A criminal defendant seeks discretionary review of a ruling on his motion in arrest of judgment and challenges the imposition of consecutive sentences.  OPINION HOLDS: We grant discretionary review of the district court’s ruling on the motion in arrest of judgment but affirm that ruling on the merits.  Finding no abuse of discretion in sentencing, we affirm the imposition of consecutive sentences.  PARTIAL DISSENT ASSERTS: Because exercising our extraordinary jurisdiction to decide the guilty-plea issue is contrary to legislative intent, an abuse of the discretion granted to us by the elected branches, and a waste of judicial resources, I dissent from granting discretionary review.  

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A defendant appeals his conviction for attempting to disarm a peace officer.  He seeks a new trial, contending the jury should have received a specific-intent instruction.  OPINION HOLDS: Because the crime only required proof of general intent, we find no error.  Thus, we affirm.

            Appeal from the Iowa District Court for Buchanan County, Alan T. Heavens, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Lanard Antonio Collins appeals the sentence imposed after his guilty plea to willful injury resulting in bodily injury as a habitual offender, contending the district court abused its sentencing discretion by relying on certain factors and imposing incarceration instead of probation.  OPINION HOLDS: Because we conclude that the district court did not abuse its discretion, we affirm Collins’s sentence.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds authorizing termination, argues termination is not in the child’s best interests, and requests we apply a permissive exception to termination.  OPINION HOLDS: The State established statutory grounds for termination, and termination is in the child’s best interests.  We decline to apply a permissive exception to termination.

            Appeal from the Iowa District Court for Lucas County, Erik I. Howe, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The statutory ground for termination under Iowa Code section 232.116(1)(f) (2023) was met because the mother’s ongoing substance use and inability to provide for the child’s safety demonstrated that the child could not be returned to the mother’s custody without exposure to harm.  The same issues made termination in the child’s best interests.  The mother waived her two additional claims.  We affirm.

            Appeal from the Iowa District Court for Washington County, Patrick McAvan, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A mother challenges the termination of her parental rights.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J.  (11 pages)

            A mother and father each appeal the termination of their parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights.  We find termination of the father’s parental rights is in the children’s best interests, an exception to termination should not be applied, and it would not be in the children’s best interests to grant the father an additional extension of time.  We affirm the termination of the mother’s and father’s parental rights.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            The juvenile court terminated the father’s parental rights to M.H., born in September 2022, pursuant to Iowa Code section 232.116(1)(h) (2023).  The father appeals, arguing the State failed to prove the statutory ground because M.H. could be returned at the time of the termination trial or, alternatively, it would have been in M.H.’s best interests to establish a guardianship rather than terminate parental rights.  OPINION HOLDS: Because questions regarding the father’s sobriety and his protective capacity persist, the State proved M.H. could not be returned to the father’s custody at the time of the termination trial.  On the record before us, we cannot say the juvenile court should have established a guardianship in lieu of terminating the father’s parental rights.  We affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the district court did not abuse its discretion in denying the father’s motion for a continuance.  We also conclude the court properly denied the father’s request for a six-month extension of time for reunification efforts.  We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the termination of his parental rights to three children.  OPINION HOLDS: Clear and convincing evidence supports terminating the father’s parental rights under Iowa Code section 232.116(1)(f) (2024), and termination is in the children’s best interests.  Because none of the circumstances set out section 232.116(3) apply, we affirm.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            A criminal defendant appeals his convictions for third-degree sexual abuse.  OPINION HOLDS: We find sufficient evidence supports the convictions, and the district court did not abuse its discretion in denying Pettit’s motion for mistrial.  We affirm.

            Appeal from the Iowa District Court for Scott County, Tamra Roberts (Trial) and Partick A. Mcelyea (Sentencing), Judges.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (6 pages)

            Jon Kucharo appeals his conviction for harassment in the first degree, arguing insufficient evidence supported the verdict and the court abused its discretion in imposing a prison sentence.  OPINION HOLDS: Because sufficient evidence supports each element of the crime, we affirm the conviction.  The challenge to the sentence is moot due to discharge of the sentence.