2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Schumacher, J.  (5 pages)

            A grandfather appeals the district court’s termination of his visitation rights as to his granddaughter.  OPINION HOLDS: Finding the court’s authority to order visitation does not survive the end of the guardianship, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Bobby Tremont Hester Jr. appeals the sentences imposed by the district court, contending the court abused its discretion when sentencing him because it failed to consider certain mitigating factors.  OPINION HOLDS: Because we find no abuse of discretion by the district court, we affirm the sentences.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Danilson, S.J. (5 pages)

            Donell Smith Jr. appeals his conviction for second-degree theft, challenging the sufficiency of the evidence.  OPINION HOLDS: The State established Smith intentionally misappropriated cash belonging to his employer.  His conviction is supported by sufficient evidence.

            Discretionary review from the Iowa District Court for Polk County, Brendan Greiner, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., Schumacher, J., and Gamble, S.J.  Opinion by Bower, C.J.  (7 pages)

            Edwin Allen III appeals the sentence imposed following his plea of guilty, challenging the use of information by the district court without providing him notice.  OPINION HOLDS: On discretionary review, because the court considered matters outside the record without notice to Allen prior to sentencing, we reverse and remand for resentencing.

            Appeal from the Iowa District Court for Black Hawk County, William Patrick Wegman, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Sarah Rae Berg appeals her conviction for unauthorized use of a credit card, challenging the denial of her motion to dismiss and the sufficiency of the evidence.  OPINION HOLDS: Upon our review, we affirm Berg’s conviction because there was no violation of the speedy-indictment right and there is sufficient supporting evidence.

            Appeal from the Iowa District Court for Benton County, Cynthia Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (12 pages)

            An aunt and uncle who were appointed guardians of two nieces with the consent of the parents under Iowa Code section 232D.203 (2020) appeal the termination of the guardianships after the mother withdrew her consent.  OPINION HOLDS: The district court applied the correct legal standard under the statute and precedent governing termination of voluntary guardianships.  And on our de novo review, giving the court’s thoughtful factual findings the weight they deserve, we agree that the guardians have not shown by clear and convincing evidence that terminating the guardianships would cause the girls physical harm or significant, long-term emotional harm sufficient to carry their burden under the rigorous harm standard. 

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (5 pages)

            A father appeals the termination of his parental rights.  He claims the Iowa Department of Health and Human Services failed to make reasonable efforts toward reunification by not securing the dismissal of a criminal no-contact order that prevented contact between the father and children after the father murdered the children’s mother.  He also argues the juvenile court should have established a guardianship with the children’s stepmother rather than terminating his parental rights.  OPINION HOLDS: The father’s reasonable-efforts challenge fails, and he failed to preserve his guardianship claim.  We affirm.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Badding, JJ. Opinion by Schumacher, J. (8 pages)

            A mother appeals the termination of her parental rights. OPINION HOLDS: Grounds for termination exist under Iowa Code section 232.116(1)(f) (2023), termination is in the best interest of the children, and the application of a permissive exception to preclude termination is unwarranted.  We affirm.

            Appeal from the Iowa District Court for Mills County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her infant daughter.  OPINION HOLDS: The mother waived most of the issues she raises on appeal.  Termination is supported under Iowa Code section 232.116(1)(h) (2023).  So we affirm. 

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm, rejecting the mother’s challenge to the juvenile court’s fact-finding and concluding termination is supported by the record.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED IN PART AND VACATED IN PART.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (11 pages)

            A mother appeals the order terminating her parental rights to three children.  OPINION HOLDS: Finding in our de novo review that the State proved grounds for termination, termination was in the children’s best interests, the mother could not prove that her bond with the children outweighed the need for termination, and more time for reunification would not be beneficial, we affirm on these issues.  But because the juvenile court did not comply with Iowa Code section 815.9(6) (2023), we vacate its part of the order assessing attorney fees.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We affirm the termination of the father’s parental rights.