2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (7 pages)

            An applicant appeals the district court’s denial of postconviction relief concerning ineffective-assistance-of-counsel in two cases.  He asserts that in each case he was not adequately advised of potential immigration consequences before pleading guilty and raises claims concerning a motion in arrest of judgment in one case.  OPINION HOLDS: Upon our review, we affirm. 

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            Megan Jordan appeals from the district court’s ruling on Linn County’s motion for summary judgment, arguing summary judgment was in error because the County’s conduct in transporting a jail inmate was misfeasance and she was a foreseeable victim—thus, the public-duty doctrine does not apply.  OPINION HOLDS: Because the public-duty doctrine applies and Jordan has not identified any acts of misfeasance by the County, the district court committed no legal error in granting summary judgment for the County.

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge.  REVERSED AND REMANDED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Kelsey Littleton filed suit against Tyler Hansen in small claims court.  Because he was not served with original notice within the ninety-day period required by Iowa Rule of Civil Procedure 1.302(5), Hansen filed a motion to dismiss.  The small claims court denied the motion.  Hansen appealed to the district court, which affirmed the denial.  Hansen’s application for discretionary review was granted by the supreme court, and the case was transferred to our court.  On appeal, Hansen contends the district court erred in affirming the denial of his motion to dismiss.  OPINION HOLDS: Littleton failed to meet her burden to establish good cause for the delay in service.  Accordingly, we reverse and remand to the district court for an entry of order dismissing Littleton’s cause of action without prejudice.

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (5 pages)

            A father appeals from a custody decree placing physical care of his child with the child’s mother.  OPINIONS HOLDS: We affirm, finding it is in the best interests of the child for the mother to have physical care. 

            Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED ON APPEAL AND AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Ashley Schuler appeals from a decree establishing paternity, custody, physical care, visitation, and child support.  Schuler challenges the district court’s order of physical care of the parties’ child with the father, Michael Welch, and claims the court incorrectly imputed her income for child-support purposes.  Michael cross-appeals, claiming the court erred by awarding mid-week visitation to Ashley and ordering him to pay half of Ashley’s trial attorney fees.  OPINION HOLDS: Upon review, we find the district court’s factual determinations are supported by the record and affirm the physical-care and visitation decisions and child-support calculation.  We modify the decree to strike the award of trial attorney fees, which were not authorized by statute.  We deny the parties’ requests for appellate attorney fees.

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J. (5 pages)

            Keenan Glasgow appeals the sentence imposed following his guilty plea, claiming the prosecutor breached the plea agreement.  OPINION HOLDS: Upon our review, we affirm. 

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

            Judah Bolser appeals his conviction for second-degree burglary, challenging the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: Upon our review, we affirm. 

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A property owner appeals the dismissal of his claims.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Ahlers, P.J.  (4 pages)

            A father challenges the statutory grounds authorizing termination of his parental rights.  OPINION HOLDS: The State established a statutory ground for termination because the child could not be safely returned to the father’s custody at the time of the termination hearing.

            Appeal from the Iowa District Court for Polk County, Erik I. Howe, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because the statutory and best‑interests determinations support termination and none of the father’s arguments against termination have merit, we affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Black Hawk County, Michelle Jungers, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A mother appeals the juvenile court’s order terminating her parental rights.  She challenges only the court’s denial of her request for additional time to work toward reunification.  OPINION HOLDS: The record does not support a finding that the need for removal would be resolved within the additional six-month period requested.  Accordingly, we affirm the juvenile court’s order denying the mother’s request for additional time and terminating her parental rights.

            Appeal from the Iowa District Court for Osceola County, Shawna L. Ditsworth, Judge. AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Sandy, J., takes no part.  Opinion by Tabor, C.J.  (6 pages)

            A father appeals the termination of his parental rights to a toddler daughter.  He raises a slew of arguments.  OPINION HOLDS: The only argument preserved and not waived is that termination would be detrimental to the child due to the closeness of the parent-child relationship.  That statutory exception does not work to prevent termination because the father did not show that the disadvantage of termination outweighs the harm posed by placing the toddler back in her father’s care while he is using drugs.  So we affirm.