2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Jones County, Joan M. Black, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (8 pages)

            A mother appeals the termination of her parental rights, challenging each of the three steps in our termination analysis and requesting an extension of time.  OPINION HOLDS: Finding no reversible error, we affirm the juvenile court’s termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Wapello County, Richelle Mahaffey, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (5 pages)

            A father appeals the termination of his parental rights to two children, arguing termination was not in their best interests absent a clear plan for their long-term placement or adoption.  OPINION HOLDS: Despite the present uncertainty, we find that termination of parental rights will better advance the goal of permanency and is ultimately in the best interests of these children.  We therefore affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because clear and convincing evidence shows the grounds for terminating the mother’s parental rights under section 232.116(1)(g) (2025) and termination will not be detrimental to the child, we affirm.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Sandy, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            Jerrid Winfrey appeals the dismissal of his second application for postconviction relief.  OPINION HOLDS: Finding Winfrey’s application barred by the statutory limitations period, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (6 pages)

            Andrew Brewer appeals his conviction following a jury trial of sexual abuse in the second degree.  Brewer claims that there was insufficient evidence to support his conviction and that his right to speedy trial was violated.  OPINION HOLDS: Because there was sufficient evidence to support the conviction, and because he did not preserve his speedy trial issue, we affirm.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Buller, J., and Bower, S.J.  Opinion by Bower, S.J.  (4 pages)

            Alice Coon appeals the sentence imposed on her conviction for possession of a controlled substance, third offense, as a habitual offender.  Coon contends the district court abused its discretion by sentencing her to prison solely because she was not in treatment at the time of her sentencing.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Linn County, Chad Kepros, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Keyun McGowan appeals his convictions after a jury found him guilty on six criminal counts, including first-degree murder.  OPINION HOLDS: I. The district court did not abuse its discretion by admitting photographic evidence of McGowan holding a gun matching the description of the murder weapon.  McGowan’s challenge is to the weight of the evidence, not its admissibility, and the evidence is not unfairly prejudicial.  II. Looking at the record as a whole, including incriminating statements McGowan made to a friend, we agree that the verdicts are supported by substantial evidence and are not contrary to the weight of the evidence.  We therefore affirm.

            Appeal from the Iowa District Court for Linn County, Valerie L. Clay, Judge.  AFFIRMED.  Heard at oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (34 pages)

            The lessees in a lease-contract dispute and clients in a construction-contract dispute appeal from the district court ruling concluding they materially breached the relevant contracts first and owed the lessor $52,788.74 plus its attorney fees and the contractor $199,681.96 plus accrued interest.  OPINION HOLDS: We affirm because we find the district court analysis to be accurate.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Greer, J., and Bower, S.J.  Opinion by Bower, S.J. (9 pages)

            Curtis Padgett appeals his conviction for first-degree murder following a bench trial.  He claims there is insufficient evidence he was the perpetrator of the beating and stabbing that resulted in the death of Dennis First.  He also contends the verdict is contrary to the weight of the evidence and the district court abused its discretion by denying his motion for new trial.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A criminal defendant appeals his conviction for stalking in violation of a protective order.  OPINION HOLDS: Because substantial evidence supports the conviction, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelley, J.  (5 pages)

            Keywani Desharon Evans appeals his convictions for first-degree murder and first-degree robbery.  He alleges (1) the district court violated his due process rights by making a sua sponte objection during cross-examination of a State witness, (2) the weight of the evidence did not support his convictions, and (3) his convictions were not supported by sufficient evidence.  OPINION HOLDS: Because Evans did not preserve his due process claim, and because the weight and sufficiency of the evidence support his convictions, we affirm.

            Appeal from the Iowa District Court for Clinton County, Brian Wright, Magistrate.  WRIT ANNULLED IN PART AND SUSTAINED IN PART.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (11 pages)

            Eagle Rise Developments, LLC, along with its member-managers, Troy and Alexander Wilbur, were found in contempt for failing to comply with a magistrate’s order.  Eagle Rise and the Wilburs sought review by petition for writ of certiorari, which was granted by our supreme court.  On review, Eagle Rise and the Wilburs challenge the court’s jurisdiction, dispute the opposing party’s service of notice, and assert due process and sufficiency-of-the-evidence claims.  OPINION HOLDS: We conclude that the court had both personal and subject matter jurisdiction over Troy Wilbur and Eagle Rise and annul the writ as to them.  We sustain the writ as to Alexander Wilbur and vacate the fine and jail sentence imposed.  All remaining claims were not preserved for our review.