2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            S.M., a minor child, appeals the juvenile court’s adjudication of him as a delinquent child, finding that he committed the delinquent acts of domestic abuse assault causing injury or mental illness and domestic abuse assault while using or displaying a weapon.  OPINION HOLDS:  Because sufficient evidence supports these findings, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Bryan Halfhill appeals his convictions of second-degree sexual abuse and lascivious acts with a child.  He challenges the district court’s denial of his motion for new trial, claiming the verdicts are contrary to the weight of the evidence.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Langholz, J., takes no part.  Opinion by Schumacher, J.  (8 pages)

            The City of Dubuque appeals the district court’s ruling that granted Dubuque County’s motion to dismiss in this action to determine which entity is responsible for future maintenance of a cemetery.  OPINION HOLDS: Because the City is the governmental subdivision with jurisdiction over the cemetery under Iowa Code section 523I.316 (2020), we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

            Troy Rees appeals the sentence imposed, arguing he was denied his right of allocution.  OPINION HOLDS: Because the court afforded Rees and his attorney the opportunity to volunteer information regarding his punishment, there was substantial compliance with the rule and the court did not deny him his right of allocution.  Finding no defect in the sentencing procedure, we affirm.

            Appeal from the Iowa District Court for Adair County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            A father appeals the adjudicatory and dispositional orders in child-in-need-of-assistance (CINA) proceedings.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support the CINA orders.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A biological father appeals the termination of his parental rights.  OPINION HOLDS: Because case law forecloses two of the father’s claims and termination is in the child’s best interests, we affirm.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to two sons contending the State did not prove the statutory grounds for termination and the court should have found statutory exceptions to termination.  OPINION HOLDS: The State proved the statutory grounds for termination, and we agree with the juvenile court that neither of the exceptions asserted applies in this case.  Thus, we affirm the termination. 

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            A mother appeals the adjudication and dispositional order in child-in-need-of-assistance (CINA) proceedings concerning her child.  OPINION HOLDS: We affirm the adjudication of the child as CINA under Iowa Code section 232.96A(3)(b), (5), (14), (15), and (16) (2023).  We reverse the adjudication of the child as to Iowa Code section 232.96A(2).  We affirm the disposition.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination and contends that termination is not in the child’s best interests, citing her bond with the child and preference for establishment of a guardianship over termination.  OPINION HOLDS: The State established the child could not be safely returned to the mother’s custody at the time of the termination hearing, satisfying a statutory ground for termination.  Termination rather than a guardianship best serves the child’s best interests.  And the parent-child bond is not so strong to preclude termination on that basis.

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (15 pages)

            The juvenile court terminated the mother’s parental rights to F.F., born in 2022, pursuant to Iowa Code section 232.116(1)(h) (2023).  On appeal, the mother challenges the statutory ground for termination, argues the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the child, and contends termination is not in the child’s best interests.  Alternatively, the mother maintains she should have been given more time to work toward reunification.  The mother also raises claims outside of our typical three-step review, asserting F.F. should have been immediately returned to her care after she decided she wanted to parent and the court erred in terminating her rights while leaving intact the rights of a possible biological father.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            A father appeals the termination of his parental rights to two children, arguing termination is contrary to the children’s best interests, the juvenile court should have applied permissive exceptions to termination, and he should be afforded additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: Finding the statutory grounds for termination are met, the best interests of the children support termination, and declining to address issues not preserved for our consideration, we affirm the order terminating the mother’s parental rights.