2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            Eric Perry appeals his conviction for operating while intoxicated.  OPINION HOLDS: The State presented substantial evidence that Perry had lost control of his bodily actions or motions to an extent, and Perry waived his challenge to juror bias and did not establish the necessity of an evidentiary hearing.  For these reasons, we affirm.

Appeal from the Iowa District Court for Cass County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, P.J.  Opinion by Schumacher, J. (14 pages)

            Defendant appeals her convictions for second-degree murder and child endangerment causing death.  OPINION HOLDS: We conclude the verdict was supported by substantial evidence.  The district court did not abuse its discretion in granting a change of venue.  The district court did not abuse its discretion in admitting evidence of a possible source of a rib injury or by denying additional trait witnesses as cumulative.  The district court did not abuse its discretion in denying the motion for a new trial.  We affirm. 

            Appeal from the Iowa District Court for Benton County, Chad Kepros, Judge.  AFFIRMED. Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            The appellants challenge a district court’s grant of summary judgment that denied their challenge to a will and argue the terms of the will create an improper restriction on the alienation of title.  They also claim the court did not follow the parties’ mediation agreement and erred by enforcing a no-contest provision contained in the will.  OPINION HOLDS: We find the district court properly granted summary judgment.  Because we affirm the grant of summary judgment, we determine the issue of the no-contest provision is moot and we render no further opinion on such issue.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (6 pages)

            A defendant appeals his sentence following is guilty plea.  OPINION HOLDS: The district court did not abuse its discretion, so we affirm.

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Greer, P.J., and Chicchelly and Langholz, JJ.  Opinion by Greer, P.J.  (13 pages)

            Richard Pagel appeals the ruling denying his application for fees, costs, and expenses.  OPINION HOLDS: We vacate the district court’s ruling insofar as it denied Richard’s request for payment of fees, costs, and expenses related to his defense of the trust’s 1998 farm stock sale and remand with directions to determine if he is entitled to payment as to that challenge and the appropriate award.  We affirm as to the 2010 real estate sale as we find that the court did not abuse its discretion in disallowing fees, costs, and expenses for Richard defending against reasonable claims by the trust’s beneficiaries over his breach of the duty of loyalty and self-dealing.

            Appeal from the Iowa District Court for Jasper County, Charles C. Sinnard, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (3 pages)

            Charles Brumley appeals his sentence following his guilty plea to theft in the third degree, arguing the district court imposed an illegal sentence.  OPINION HOLDS: Because Brumley received the sentence to which he agreed pursuant to the plea agreement, he has not established good cause to appeal following his guilty plea, so we dismiss his appeal.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Defendant appeals the district court’s decision to sentence him to incarceration rather than probation.  OPINION HOLDS: The district court properly considered the relevant factors in sentencing the defendant, but the court was without authority to order the defendant to complete sex offender treatment.  Accordingly, we vacate the sentence in part and remand for the entry of a corrected sentencing order eliminating the requirement to complete sex offender treatment.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, Judge.  AFFIRMED.  Considered by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A mother appeals the termination of her parental rights, challenging reasonable efforts, the use of unfounded child abuse assessments, and references to her past substance use.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  Special Concurrence by Greer, J.  (13 pages)

            A mother and child separately appeal the termination of the mother’s parental rights.  OPINION HOLDS: Because the mother continues to pose a threat to the children’s long-term best interests, we affirm termination of her rights.  SPECIAL CONCURRENCE ASSERTS: I write separately to emphasize the cracks in the safety system afforded to children like O.T., who find themselves in the child-in-need-of-assistance world.  The stated goal of reunification of families is not realistic if the mental health of a child diagnosed with serious mental-health conditions is not addressed.  We can do better, and we should do better.   

            Appeal from the Iowa District Court for Poweshiek County, Richelle Mahaffey, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father appeals a district court dispositional order that continued removal of his children from his custody and denied his motion to remove the guardian ad litem.  The mother cross-appeals the dispositional order related to concurrent jurisdiction and visitation.  OPINION HOLDS: Continued removal of the three children from the father’s custody was warranted in light of the father’s failure to address a history of physical abuse and placement with the mother was the least restrictive placement available.  The current placement is in their best interest, and it is contrary to the children’s welfare to be in their father’s custody.  We also affirm the court’s denial of the father’s motion to remove the guardian ad litem, the court’s grant of concurrent jurisdiction as to child support only, the specific visitation for the father, and allowance of supervision of the father’s visitation by the paternal grandparents.

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The juvenile court acted within its discretion by denying the mother’s motion to continue the termination hearing.  Because clear and convincing evidence supports a ground for termination, termination is in the child’s best interests, and termination will not harm the child based on the strength of the parent-child bond, we affirm.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both parents’ rights.