Filed Jan 10, 2024
View Opinion No. 23-0358
View Summary for Case No. 23-0358
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 Badding, J. (11 pages)
Kenneth Cummings appeals the physical care, child support, and property divisions of the decree dissolving his marriage to Katie Cummings. OPINION HOLDS: On our de novo review, we concur with the trial court’s decree placing the children in Katie’s physical care. As to child support and the division of assets and liabilities, we find no failure to do equity. So, we affirm.
Filed Jan 10, 2024
View Opinion No. 23-0479
View Summary for Case No. 23-0479
Appeal from the Iowa District Court for Polk County, David Porter, Judge. AFFIRMED. Considered by Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (7 pages)
Joseph Itani appeals the denial of his application for postconviction relief (PCR) after he pled guilty to enticing a minor under the age of sixteen with a sexual purpose. On appeal, he contends his trial counsel provided ineffective assistance by allowing him to plead guilty without a factual basis and failing to advise him of an available defense. OPINION HOLDS: Because we find Itani failed to establish his trial counsel was ineffective, we affirm the denial of his PCR application.
Filed Jan 10, 2024
View Opinion No. 23-0488
View Summary for Case No. 23-0488
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Considered by Bower, C.J., and Buller and Langholz, JJ. Opinion by Bower, C.J. (6 pages)
Kenneth Balduchi appeals an order denying his motion to adjust withholding and suspension of his child support payments. OPINION HOLDS: We affirm the district court’s denial of Kenneth’s motion to adjust withholding and suspension of his child support payments.
Filed Jan 10, 2024
View Opinion No. 23-0493
View Summary for Case No. 23-0493
Appeal from the Iowa District Court for Polk County, Brendan Greiner, District Associate Judge. AFFIRMED. Considered by Greer, P.J., and Ahlers and Buller, JJ. Opinion by Greer, P.J. (7 pages)
The defendant appeals his sentence for operating while intoxicated, second offense. OPINION HOLDS: Because we find that the sentencing court did not rely on any unreasonable or untenable grounds in imposing a two-year term of imprisonment, we affirm the sentence.
Filed Jan 10, 2024
View Opinion No. 23-0532
View Summary for Case No. 23-0532
Appeal from the Iowa District Court for Floyd County, Chris Foy, Judge. AFFIRMED. Considered by Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Badding, J. (5 pages)
A defendant appeals the imposition of consecutive sentences upon his criminal convictions. OPINION HOLDS: Finding no abuse of discretion, we affirm.
Filed Jan 10, 2024
View Opinion No. 23-0546
View Summary for Case No. 23-0546
Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge. AFFIRMED. Considered by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (5 pages)
Urban Morris appeals the sentence imposed following his guilty plea to assault causing bodily injury. OPINION HOLDS: The district court did not abuse its discretion or act on personal bias when sentencing Morris to jail and imposing a fine greater than the statutory minimum fine.
Filed Jan 10, 2024
View Opinion No. 23-0553
View Summary for Case No. 23-0553
Appeal from the Iowa District Court for Humboldt County, Hans Becker, District Associate Judge. AFFIRMED. Considered by Greer, P.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (6 pages)
A mother appeals the termination of her parental rights under Iowa Code chapter 600A (2022), arguing termination is not in the children’s best interests because of the bonds between them and their half-sibling. OPINION HOLDS: Because we find termination of the mother’s parental rights is in the children’s best interests, we affirm.
Filed Jan 10, 2024
View Opinion No. 23-0718
View Summary for Case No. 23-0718
Appeal from the Iowa District Court for Floyd County, James M. Drew, Judge. AFFIRMED. Considered by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Bower, C.J. (6 pages)
The plaintiffs appeal the district court’s order granting summary judgment in favor of the defendants and dismissing the plaintiffs’ claims of gross negligence. OPINION HOLDS: Upon our review, we affirm the district court’s grant of summary judgment in favor of the defendants.
Filed Jan 10, 2024
View Opinion No. 23-0736
View Summary for Case No. 23-0736
Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge. AFFIRMED. Considered by Bower, C.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (10 pages)
Clint Oelberg appeals from the modification order granting physical care of his son to Samantha Oelberg. OPINION HOLDS: On this record, we cannot conclude that Clint’s home, where American Sign Language is used exclusively, is better than Samantha’s bilingual home for their son’s physical, mental, and social development or for maintaining his connection to Deaf culture. And given the otherwise closely balanced interests, we agree that placing their son in Samantha’s home with his half-sisters is in his best interests. We thus affirm the district court’s decision and decline Samantha’s request for appellate attorney fees.
Filed Jan 10, 2024
View Opinion No. 23-0791
View Summary for Case No. 23-0791
Appeal from the Iowa District Court for Webster County, Adria Kester, Judge. AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS. Considered by Tabor, P.J., and Buller and Langholz, JJ. Opinion by Tabor, P.J. (17 pages)
David Peck appeals the custody, visitation, and financial provisions of his decree of dissolution from Cheyenne Peck. OPINION HOLDS: We affirm the grant of physical care to Cheyenne but modify the provision on visitation. We also affirm the child-support award but remand for the court to recalculate the amount and attach the child support guidelines worksheet. And we affirm the division of marital property, including the court’s determination that David dissipated marital assets. Finally, we reject David’s request for appellate attorney fees but award those to Cheyenne.
Filed Jan 10, 2024
View Opinion No. 23-0883
View Summary for Case No. 23-0883
Appeal from the Iowa District Court for Tama County, Valerie L. Clay, Judge. AFFIRMED. Heard by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Schumacher, J. (8 pages)
Mark and Melody Bro appeal from adverse summary judgment on their claim against Jerry Meling, Trustee of the Jerry John Meling Revocable Trust. OPINION HOLDS: As the appellants’ second suit, filed three years after the dismissal of the first suit, is precluded by res judicata, we affirm the grant of summary judgment to the appellees.
Filed Jan 10, 2024
View Opinion No. 23-1329
View Summary for Case No. 23-1329
Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Badding and Chicchelly, JJ. Opinion by Tabor, P.J. (8 pages)
A father appeals the termination of his parental rights to his son. OPINION HOLDS: Finding that the State satisfied grounds for termination under Iowa Code section 232.116(1)(h) (2023), termination was in his best interests under section 232.116(2), and the father did not offer clear and convincing proof that severing their bond would harm the son under section 232.116(3)(c), we affirm.