2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Cerro Gordo County, Blake H. Norman, Judge.  AFFIRMED AND REMANDED WITH INSTRUCTIONS.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (8 pages)

            On appeal from the decree dissolving his marriage to Robyn Miculinich, Dalton Miculinich challenges the district court’s decision to place their two children in Robyn’s physical care rather than joint physical care.  OPINION HOLDS: Upon our review, we determine it is in the children’s best interests to be placed in Robyn’s physical care.  We affirm and remand with instructions for the district court to enter an order on appellate attorney fees.

            Appeal from the Iowa District Court for Johnson County, Jason Burns, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (8 pages)

            Brayton Reynolds appeals his sentences for two convictions of enticing a minor under the age of sixteen for a sexual purpose, arguing the district court abused its discretion in imposing concurrent five-year prison sentences rather than suspending the sentences and imposing probation.  He contends the court considered an improper factor, considered only one factor, and followed a fixed sentencing policy.  OPINION HOLDS: The district court’s consideration of his prior offense and shorthand reference to its sexual nature was not an improper factor.  Nor was that criminal history the only factor considered by the court—it also expressly relied on Reynolds’s “personal circumstances” and the “repulsive” nature of “the facts of this case.”  And nothing in the record—including the court’s unremarkable statement that it would not “tolerate[]” Reynolds’s illegal conduct—suggests the court’s selection of Reynolds’s specific sentence was based on any fixed policy.  We thus affirm the sentences imposed by the district court.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J. (4 pages)

            A defendant appeals, challenging his sentence following his guilty plea.  OPINION HOLDS: The district court did not abuse its discretion when making its sentencing determination.

            Appeal from the Iowa District Court for Polk County, Patrick D. Smith, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals a dissolution decree placing the parties’ children in their joint physical care, claiming the district court should not have: (1) overlooked her role as the children’s primary caregiver; (2) disregarded the parties’ inability to communicate and agree on daily matters; (3) ignored the father’s domestic abuse assault of her while the dissolution was pending; and (4) based its physical-care decision on “perceived fairness to the parties.”  OPINION HOLDS: We affirm the district court’s decision, finding upon our de novo review of the record that joint physical care is in the children’s best interests. 

    Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  (5 pages)

    Jason Haire Jr. appeals his conviction for sexual abuse in the second degree, challenging the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: Upon our review, we affirm. 
 

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (8 pages)

            A mother appeals a custody-modification order.  She contests the district court finding a substantial change in circumstances, that the father was a superior caretaker, and the credibility findings underlying the court’s decision to place physical care with the father.  The father requests appellate attorney fees.  OPINION HOLDS: We affirm and order the mother to pay $1000 of the father’s appellate attorney fees.

            Appeal from the Iowa District Court for Dallas County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (8 pages)

            Judith Faria Briceno appeals the district court’s denial of her petition to modify the physical care provision of the decree dissolving her marriage to Edward Rojas Pena.  OPINION HOLDS: Upon our review, we conclude Judith failed to prove a substantial and material change in circumstances.  We affirm the denial of her modification petition.

            Appeal from the Iowa District Court for Ringgold County, Brad McCall, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (5 pages)

            Richard Hammond challenges the sufficiency of the evidence supporting a domestic abuse protective order.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the termination of his parental rights under Iowa Code section 600A.8(3)(b) (2024).  OPINION HOLDS: As the district court correctly determined the father abandoned the child pursuant to section 600A.8(3)(b) and termination is in A.M.’s best interests, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Dickinson County, David A. Lester, Judge.  APPEAL DISMISSED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A criminal defendant attempts to appeal following a guilty plea.  OPINION HOLDS: Finding the only error alleged was not preserved and the defendant did not establish good cause, we dismiss the attempted appeal.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  REVERSED AND REMANDED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (16 pages)

            A mother appeals the termination of her parental rights under Iowa Code section 232.116(1)(f) (2024), challenging each of the three steps in our termination framework.  OPINION HOLDS: Upon our de novo review of the record, we find the State failed to prove the statutory ground for termination because there was not clear and convincing evidence that the child could not “be returned to the custody of the child’s parents as provided in section 232.102.”  Iowa Code § 232.116(1)(f)(4).  We accordingly reverse the juvenile court’s ruling terminating the mother’s parental rights and remand for further proceedings.  

Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED ON BOTH APPEALS.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (6 pages)

            Parents separately appeal the termination of their parental rights to their three-year-old son.  OPINION HOLDS: Clear and convincing evidence supports the termination of the parents’ parental rights, termination of the parents’ parental rights is in the child’s best interest, and a guardianship is not the appropriate permanency option here.