2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for O’Brien County, Charles Borth, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J. (14 pages)

            Keaton Leach appeals his jury convictions of first-degree harassment and three counts of stalking.  On appeal, Leach argues there is insufficient evidence to identify him and that there is insufficient evidence of the stalking charges.  He also claims the district court erred in admitting improper hearsay.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Heard at oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (13 pages)

            Jerry Hayes appeals the district court’s ruling affirming the Iowa Workers’ Compensation Commissioner’s order, which in turn affirmed the deputy commissioner’s arbitration decision in its entirety.  On appeal, Hayes argues the commissioner’s decision was not supported by substantial evidence, committed an error of law, and was irrational, illogical, and wholly unjustifiable.  He additionally argues he is entitled to an award of alternate medical care, necessary medical expenses, and independent medical evaluation (IME) reimbursement.  OPINION HOLDS: We affirm, finding substantial evidence supported the commissioner’s decision and agreeing with the commissioner that the lack of a permanent disability makes Hayes’s remaining issues moot. 

            Appeal from the Iowa District Court for Linn County, Elizabeth Dupuich, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (3 pages)

            Jovonte Washington appeals his sentence for second-degree theft, arguing that the district court should have suspended his five-year prison sentence and placed him on probation.  OPINION HOLDS: Seeing no abuse of the district court’s considerable sentencing discretion, we affirm Washington’s sentence.

            Appeal from the Iowa District Court for Greene County, Ashley Beisch, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A mother appeals the juvenile court’s denial of her petition to terminate the father’s parental rights under Iowa Code chapter 600A (2024).  She alleges termination is appropriate because the father abandoned the child and it is in the best interests of the child.  OPINION HOLDS: Because we agree with the juvenile court that the mother failed to establish the father abandoned the child, we affirm the order denying her termination petition without reaching the question of the child’s best interests.

            Appeal from the Iowa District Court for Scott County, Tamara Roberts, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            Alejandro Garcia appeals the district court’s order granting Katherine Garcia primary physical care over their two minor children.  OPINION HOLDS: We conclude that joint physical care is not in the children’s best interests, and we affirm the district court’s order awarding Katherine physical care of the two youngest daughters as well as the district court’s visitation schedule.

            Appeal from the Iowa District Court for Clay County, Shawna L. Ditsworth, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A respondent appeals a mental-health civil commitment order and asserts ineffective assistance of counsel.  OPINION HOLDS: We affirm the civil commitment. 

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            A father appeals the termination of his parental rights to his son.  OPINION HOLDS: On our de novo review, we agree with the juvenile court that termination of the father’s parental rights is in the son’s best interest.  And the court appropriately denied the father’s request for six more months to work toward reunification because there was no prospect that the need for removal would no longer exist after six months.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Finding the ground for termination was established, termination is in the child’s best interests, and the father failed to prove an exception, we affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (6 pages)

            A mother appeals the termination of her parental rights, claiming termination was not in the son’s best interest due to the parent-child bond.  She also requests an extension of time for reunification with the child to give her a chance to drug-test more often and enter substance-use treatment.  OPINION HOLDS: While the mother has a close bond with the son, her failure to make any progress in addressing her substance-use problem continues to be a concern.  Given her long history of substance use, the juvenile court was reasonable in determining it did not have cause to grant an extension, and termination is in the son’s best interest.  We thus affirm.

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, Judge.  WRIT ANNULLED.  Considered without oral argument by Greer, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Chicchelly, J.  (5 pages)

            Daquashaila Jackson petitions for a writ of certiorari challenging the district court’s notice of firearm prohibition.  She alleges the district court’s notice of firearm prohibition is unconstitutional. OPINION HOLDS: Because we find the firearms prohibition is not part of the sentence, we annul the writ of certiorari.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (4 pages)

            Charles Beyer appeals his conviction for possession of methamphetamine, second offense, challenging the denial of his motion to suppress.  He argues that the warrantless search of his wallet was unreasonable under the Fourth Amendment of the United States Constitution and article I, section 8, of the Iowa Constitution.  OPINION HOLDS: On our de novo review, we agree with the district court that the search was reasonable under both our federal and state constitutions because the wallet was in Beyer’s pocket at or immediately before the time of his arrest and so the search-incident-to-lawful-arrest exception to the warrant requirements applies.  We thus affirm the district court’s denial of the motion to suppress and Beyer’s conviction.

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (3 pages)

            Cody Plummer appeals the district court’s denial of his application for postconviction relief, arguing trial counsel was ineffective in failing to move to suppress his statements to police.  OPINION HOLDS: We affirm.