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Most Recent Court of Appeals Summaries

For summaries from opinions prior to August, 2018, view PDF versions here

Opinion Summaries

Case No. 21-1709:  David Mikel Robbins v. Iowa District Court for Marshall County

Filed Mar 06, 2024

View Opinion No. 21-1709

            Certiorari to the Iowa District Court for Marshall County, John J. Haney, Judge.  WRIT ANNULLED.  Considered by Badding, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            David Robbins petitions for writ of certiorari regarding denial of his request for a determination of his reasonable ability to pay restitution.  OPINION HOLDS: Finding Robbins failed to properly present any claim for our review, we annul the writ of certiorari.

Case No. 21-1928:  State of Iowa v. Odol Lual Othow

Filed Mar 06, 2024

View Opinion No. 21-1928

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (24 pages)

            Odol Othow appeals his convictions for attempted murder, intimidation with a dangerous weapon, and willful injury causing serious injury.  OPINION HOLDS: Because we find that the district court did not err in overruling Othow’s motion to sever his trial from Owo Bol and Thon Bol, that the district court did not err in admitting the recorded statements of two other co-defendants even though they were severed from the trial, and substantial evidence supports the verdict, we affirm Othow’s convictions.

Case No. 22-0567:  State of Iowa v. David Robert Hirvela

Filed Mar 06, 2024

View Opinion No. 22-0567

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (6 pages)

            David Hirvela appeals the district court’s sentencing decision, arguing that the court improperly considered only a single factor and failed to consider the best sentencing option for rehabilitation.  OPINION HOLDS: Because the district court considered permissible sentencing factors including the nature of the offense in deciding Hirvela’s sentence, we find no abuse of discretion and affirm.

Case No. 22-0719:  State of Iowa v. Fredrick Williams

Filed Mar 06, 2024

View Opinion No. 22-0719

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Heard by Bower, C.J., Chicchelly, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (23 pages)

            Fredrick Williams appeals his convictions for first-degree murder and abuse of a corpse, challenging evidentiary rulings and the sufficiency of the evidence supporting the verdicts.  OPINION HOLDS: Because we find the most of challenged statements are either non-hearsay or fall under the exception to the rule against hearsay for then-existing mental, emotional, or physical conditions; the probative value of the evidence of prior bad acts on the issue of intent is not substantially outweighed by the danger of unfair prejudice or proof that Williams had a bad character or propensity for violence; that the few pieces of admitted hearsay evidence did not affect Williams’s substantial rights; and because we find substantial evidence supports both convictions, we affirm.

Case No. 22-0783:  In re Detention of Jordan Nicholas Sanford

Filed Mar 06, 2024

View Opinion No. 22-0783

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Jordan Sanford appeals from the district court’s finding that he is a sexually violent predator, arguing his attorney was ineffective for failing to challenge the basis for an expert’s opinions.  OPINION HOLDS: Even if we were to assume without deciding that Sanford’s counsel had a duty to raise the issue, we find no prejudice and affirm.

Case No. 22-0828:  State of Iowa v. Carter Dmitri Woodruff

Filed Mar 06, 2024

View Opinion No. 22-0828

            Appeal from the Iowa District Court for Polk County, Coleman McAllister and Jeanie Vaudt, Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (14 pages)

            Carter Woodruff appeals his convictions for assault causing bodily injury, lascivious acts with a child, and assault while participating in a felony.  OPINION HOLDS: We affirm the district court’s denial of Woodruff’s request for a Franks hearing based on his claim the search warrant application for his tablet contained false and misleading information.  We also affirm the denial of his motion to suppress information obtained from the tablet.  We determine Woodruff’s convictions for assault causing bodily injury and assault while participating in a felony should be merged.  We find the district court did not give adequate reasons for making the sentences in this case consecutive to a probation revocation matter.  We affirm in part, reverse in part, and remand for resentencing.

Case No. 22-1126:  Stephanie Pauline Eakes v. State of Iowa

Filed Mar 06, 2024

View Opinion No. 22-1126

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Vogel, S.J.  Chicchelly, J., takes no part.  Opinion by Vogel, S.J.  (11 pages)

            Stephanie Eakes appeals the denial of her application for postconviction relief (PCR), arguing the district court erred in rejecting her claim that the sentence imposed on her felony conviction was improperly treated as running consecutively to the sentence imposed on a prior conviction for which she was on parole when she committed the new offense.  Also submitted with this appeal for our consideration is the State’s motion to dismiss the appeal as moot.  OPINION HOLDS: We deny the State’s motion to dismiss but affirm the denial of Eakes’s PCR application on the merits. 

Case No. 22-1298:  State of Iowa v. Ryan Patrick Richter, Jr.

Filed Mar 06, 2024

View Opinion No. 22-1298

            Appeal from the Iowa District Court for Black Hawk County, Michelle M. Wagner and Patrice Eichman, District Associate Judges.  CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART; SENTENCES AFFIRMED IN PART AND VACATED IN PART; ORDER FOR FIREARM PROHIBITION VACATED; AND CASE REMANDED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Bower, C.J. (15 pages)

            Ryan Richter appeals the denial of his motion to suppress and the entry of an order for firearm prohibition.  As to the motion to suppress, Richter argues the seizure and search of his vehicle was unconstitutional under the federal and state constitutions because a police officer’s acts of entering his vehicle and moving it were not justified by the public servant branch of the community caretaking exception to the warrant requirement.  As to the firearm prohibition, Richter argues the court was without statutory authority to impose it and it violates his constitutional right to bear arms under the federal and state constitutions.  OPINION HOLDS: We reverse the district court’s denial of Richter’s motion to suppress, reverse the marijuana conviction, vacate the sentence imposed on that conviction, and remand for further proceedings.  Because the firearm prohibition was premised solely on the marijuana conviction, we likewise vacate the separate order for firearm prohibition. 

Case No. 22-1359:  Jared John Thomas Owens v. State of Iowa

Filed Mar 06, 2024

View Opinion No. 22-1359

            Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Jared Owens appeals the denial of his application for postconviction relief (PCR).  Owens raises claims of prosecutorial misconduct and ineffective assistance of counsel.  OPINION HOLDS: Because Owens pleaded guilty part way through his criminal trial, he waived challenges to errors not intrinsic to his plea and cannot directly raise his claim of prosecutorial misconduct.  Owens cannot establish any of his claims of ineffective assistance of counsel because trial counsel had no duty to make a meritless objection to claimed prosecutorial misconduct, and Owens did not establish prejudice regarding his other claims.

Case No. 22-1442:  Susan Ronnfeldt v. Shelby County Chris A. Myrtue Memorial Hospital d/b/a Myrtue Medical Center and Shelby County Medical Corporation

Filed Mar 06, 2024

View Opinion No. 22-1442

            Appeal from the Iowa District Court for Shelby County, Jeffrey L. Larson, Judge.  REVERSED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (8 pages)

            Susan Ronnfeldt appeals the district court’s dismissal of her medical malpractice action.  OPINION HOLDS: Because the district court’s orders dismissing Ronnfeldt’s claims were based in part on a judgment subsequently reversed, we reverse.   

Case No. 22-1504:  State of Iowa v. Johnny Mack Hill Jr.

Filed Mar 06, 2024

View Opinion No. 22-1504

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Johnny Mack Hill Jr. appeals from his conviction for attempted murder, arguing the evidence is insufficient to support his conviction.  OPINION HOLDS: Finding the evidence sufficient for the jury to conclude both that Hill set in motion a force or chain of events that would cause or result in death and that he specifically intended to cause death, we affirm.

Case No. 22-1628:  Ai Papiboune v. Lourdes Ibarra Deibarra

Filed Mar 06, 2024

View Opinion No. 22-1628

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A plaintiff appeals from an adverse verdict in an automobile accident case.  OPINION HOLDS: Finding error was not preserved due to an inadequate offer of proof, we affirm.

Case No. 22-1671:  In re Estate of Schultz

Filed Mar 06, 2024

View Opinion No. 22-1671

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., Buller, J., and Carr, S.J.  Opinion by Buller, J.  (11 pages)

            Three beneficiaries appeal a ruling on their objections to an executor’s final report.  OPINION HOLDS: Because we find that the siblings entered into the Family Settlement Agreement (FSA) before their interests vested and that after the deaths of two of the parties their beneficiaries became necessary parties to the agreement, the FSA is invalid, and the property should not have been distributed based on its terms.  But we reverse and remand for additional evidence of the validity of the will that preceded the FSA.  We issue no ruling on the accounting issue not properly before us, and we affirm the portion of the ruling addressing self-dealing.

Case No. 22-1697:  Growth Unlimited Corp. v. Good Vibes and Patricia Lura

Filed Mar 06, 2024

View Opinion No. 22-1697

            Appeal from the Iowa District Court for Montgomery County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A games supplier appeals the district court ruling regarding the end of its contractual relationship with an arcade business.  OPINION HOLDS: The supplier’s contract repudiation predates any arguable breach, and we affirm.

Case No. 22-1746:  State of Iowa v. Andrew George Thomas

Filed Mar 06, 2024

View Opinion No. 22-1746

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (5 pages)

            Andrew Thomas appeals his conviction for assault causing bodily injury, claiming there was insufficient evidence to prove that he engaged in “an act intended to cause pain or suffering or be insulting or offensive.”  OPINION HOLDS: We affirm, concluding substantial evidence supports the jury’s verdict.

Case No. 22-1786:  James L. Raders, M.D. v. Dean R. Price and RSM US LLP

Filed Mar 06, 2024

View Opinion No. 22-1786

            Appeal from the Iowa District Court for Johnson County, Jeffrey D. Bert, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Defendants appeal the district court order reversing summary judgment.  OPINION HOLDS: Because the plaintiff does not allege fraud in the inducement as to the contract’s two-year limitation provision, we conclude his claims are barred.  Accordingly, we reverse and remand for entry of an order consistent with this opinion.

Case No. 22-1800:  Sara Jo Weisbeck v. Iowa District Court for Scott County

Filed Mar 06, 2024

View Opinion No. 22-1800

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  WRIT SUSTAINED AND REMANDED.  Considered by Greer, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Sara Jo Weisbeck, through writ of certiorari, challenges the district court’s imposition of restitution following her convictions for one count of identity theft and one count of insurance fraud.  She argues restitution is not causally related factually or within scope of liability and that evidence does not support the amount of restitution ordered.  OPINION HOLDS: Upon our review, we affirm the district court’s finding that an award of restitution was factually related and within the scope of liability, but we reverse and remand for determination of the proper amount of restitution. 

Case No. 22-2030:  State of Iowa v. Hser Nay Thaw

Filed Mar 06, 2024

View Opinion No. 22-2030

            Appeal from the Iowa District Court for Polk County, Kimberly J. Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Hser Nay Thaw appeals his conviction for third-degree burglary, contending insufficient evidence supports the conviction and his trial counsel was ineffective.  OPINION HOLDS: Because the conviction is supported by substantial evidence and we cannot consider ineffective-assistance claims on direct appeal, we affirm.

Case No. 22-2099:  State of Iowa v. Dimione Jamal Walker

Filed Mar 06, 2024

View Opinion No. 22-2099

            Appeal from the Iowa District Court for Linn County, Paul D. Miller (good cause finding) and Andrew Chappell (motion to set aside good cause finding, motion to dismiss, and trial), Judges.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  Buller, J., takes no part. (11 pages)

            Dimione Jamal Walker appeals his convictions, contending the State violated his constitutional right to speedy trial, the prosecutor impermissibly struck a prospective juror, and the trial court abused its discretion by admitting prejudicial evidence.  OPINION HOLDS: Because we find Walker failed to show that the State violated his speedy-trial right, the prosecutor did not exercise a peremptory challenge based on a prospective juror’s race, and the probative value of the challenged evidence was outweighed by its prejudicial effect, we affirm.

Case No. 23-0015:  Randall John Bielfelt v. State of Iowa

Filed Mar 06, 2024

View Opinion No. 23-0015

            Appeal from the Iowa District Court for Boone County, Bethany Currie, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Randall Bielfelt appeals the district court’s grant of summary disposition to the State on one postconviction-relief claim, arguing he received ineffective assistance of counsel because trial counsel failed to investigate a prior allegation of sexual abuse.  He also appeals the denial of his application for postconviction relief on his second claim, arguing he received ineffective assistance of counsel because trial counsel failed to consult an expert.  OPINION HOLDS: Because this court has already decided Bielfelt suffered no prejudice from the admission of the evidence Bielfelt claims his trial counsel should have investigated, trial counsel did not fail to perform an essential duty by not consulting an expert, and no prejudice resulted from failing to consult an expert, we affirm.

Case No. 23-0054:  Dupaco Community Credit Union v. Iowa District Court for Linn County

Filed Mar 06, 2024

View Opinion No. 23-0054

            Appeal from the Iowa District Court for Linn County, Valerie L. Clay, Judge.  WRIT ANNULLED.  Considered by Tabor, P.J., Buller, J., and Vogel, S.J.  Opinion by Buller, J.  (15 pages)

            A credit union and its attorneys seek certiorari review following an award of sanctions for failing to adequately investigate claims made in pleadings.  OPINION HOLDS: Because the district court did not abuse its discretion, we annul the writ and allow the order for sanctions to stand.

Case No. 23-0062:  State of Iowa v. Christian William Goyne-Yarns

Filed Mar 06, 2024

View Opinion No. 23-0062

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Christian Goyne-Yarns appeals his conviction for murder in the first degree of Shelby Woizeschke.  He seeks a new trial, challenging the strength of the State’s proof and a ruling excluding evidence of a handgun, tested at the state crime laboratory but ruled out as the murder weapon.  OPINION HOLDS: Because the State offered overwhelming evidence of Goyne-Yarns’s guilt, we affirm.  And even if we assume exclusion of the gun evidence was erroneous, it was harmless error. 

Case No. 23-0206:  Tracy Adam Thompson v. State of Iowa

Filed Mar 06, 2024

View Opinion No. 23-0206

            Appeal from the Iowa District Court for Black Hawk County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Tracy Adam Thompson appeals the denial of his application for postconviction relief after pleading guilty to one count of possession of methamphetamine, third or subsequent offense, a class “D” felony.  OPINION HOLDS: Because Thompson has not met his burden of proving ineffective assistance of counsel, we affirm the denial of his PCR application.

Case No. 23-0251:  Muzammil Ali v. State of Iowa

Filed Mar 06, 2024

View Opinion No. 23-0251

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Muzammil Ali appeals the denial of his application for postconviction relief.  OPINION HOLDS: The postconviction court properly applied the law when it found counsel did not breach any duty by failing to inform Ali of a collateral consequence of pleading guilty.  Because Ali has not shown his trial counsel provided ineffective assistance, we affirm the denial of postconviction relief.

Case No. 23-0294:  Patrick William Kirwan v. State of Iowa

Filed Mar 06, 2024

View Opinion No. 23-0294

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Patrick Kirwan appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Kirwan fails to show he received ineffective assistance from his trial counsel, we affirm.

Case No. 23-0356:  Terry Tobias Cobbins Jr. v. State of Iowa

Filed Mar 06, 2024

View Opinion No. 23-0356

            Appeal from the Iowa District Court for Marion County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (4 pages)

            Terry Cobbins appeals the summary dismissal of his second application for postconviction relief asserting Iowa Code section 822.3 (2019) is unconstitutional.  OPINION HOLDS: Cobbins failed to preserve error on his constitutional contention, so we affirm dismissal. 

Case No. 23-0367:  State of Iowa v. Denis Michel Demers

Filed Mar 06, 2024

View Opinion No. 23-0367

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (10 pages)

            A defendant convicted of harassment challenges an order prohibiting him from having in-person contact with his two minor sons for five years.  OPINION HOLDS: As the defendant did not preserve error on his challenge to the no-contact order involving his older son, we limit our review to the no-contact order involving his younger son and to his substantive due process challenge.  Because we find the district court correctly determined that his younger son was a victim of the defendant’s public offense, and because the defendant’s substantive due process claim lacks merit, we affirm the ruling.

Case No. 23-0426:  Gayle Pohl v. University of Northern Iowa

Filed Mar 06, 2024

View Opinion No. 23-0426

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Badding and Buller, JJ.  Langholz, J., takes no part.  Opinion by Buller, J.  (22 pages)

            A professor appeals from judicial review affirming discipline following findings of research misconduct.  OPINION HOLDS: Finding the university did not act unconstitutionally or in violation of its rules, policies, or procedures, we affirm.

Case No. 23-0447:  Zachary Alfred Hayes v. State of Iowa

Filed Mar 06, 2024

View Opinion No. 23-0447

            Appeal from the Iowa District Court for Cedar County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Blane, S.J.  Buller, J., takes no part.  Opinion by Schumacher, J.  (7 pages)

            Zachary Hayes appeals the district court’s denial of his application for postconviction relief.  He asserts ineffective assistance of trial counsel, arguing counsel failed to challenge the sufficiency of the evidence on one count and failed to request jury instructions on lesser-included offenses.  OPINION HOLDS: As Hayes failed to show ineffective assistance of counsel regarding the sufficiency-of-the-evidence claim and failed to preserve error on the jury-instructions claim, we affirm the district court’s denial of the application for postconviction relief.  And we do not address the ineffective assistance of postconviction counsel.

Case No. 23-0448:  Steve Pettett, Tracey Pettett, Joe Flower, Danita Flower, Steve Harper, and Lynnette Harper v. John Krughel and Trisha Krughel

Filed Mar 06, 2024

View Opinion No. 23-0448

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (13 pages)

            John and Trisha Krughel appeal from a judgment ordering them to demolish a building on their property because it was built in violation of restrictive covenants.  OPINION HOLDS: The Krughels built a building on their lot in violation of the lot’s restrictive covenants.  Their argument that it was impossible or impractical to seek approval of their subdivision’s building committee fails because the building committee existed and the Krughels had notice of that fact.  And we decline to consider the Krughels’ new laches and estoppel-by-acquiescence arguments because they did not preserve error by raising them with any specificity in the district court.  So we affirm the district court’s order to demolish the building.

Case No. 23-0535:  State of Iowa v. Patrick Roosevelt Hickman Isabell

Filed Mar 06, 2024

View Opinion No. 23-0535

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Patrick Isabell appeals his convictions for robbery in the first degree, burglary in the first degree, and going armed with intent.  He claims there was not sufficient evidence to show he had a gun.  OPINION HOLDS: Upon our review, we affirm.  

Case No. 23-0545:  State of Iowa v. Edwin Edgardo Diaz

Filed Mar 06, 2024

View Opinion No. 23-0545

            Appeal from the Iowa District Court for Sac County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Diaz contends his conviction violated his constitutional rights, his sentence is illegal, and the district court should have ordered a competency evaluation.  OPINION HOLDS: Because neither Diaz’s conviction nor sentence violated his constitutional rights or constituted error, we affirm both.

Case No. 23-0577:  In re The Marriage of Bigg

Filed Mar 06, 2024

View Opinion No. 23-0577

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (12 pages)

            Ryan Bigg appeals the child support, spousal support, and attorney fees awarded to Rachael Bigg in their dissolution-of-marriage decree.  OPINION HOLDS: On our de novo review of the record, we modify the dissolution decree to award Rachael transitional spousal support for eighteen months.  We affirm the award of trial attorney fees to Rachael and deny her request for appellate attorney fees.  The case is remanded to the district court for recalculation of child support.

Case No. 23-0634:  State of Iowa v. Danah Renee Kleppe

Filed Mar 06, 2024

View Opinion No. 23-0634

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Schumacher, P.J.  (9 pages)

            Danah Kleppe appeals her conviction for operating while intoxicated.  Kleppe claims the district court should have granted her motion to suppress.  She asserts that an officer did not have probable cause to stop her vehicle because the evidence does not show that she committed a traffic violation.  OPINION HOLDS: Kleppe turned left at two intersections without signaling.  We find that because of the presence of another vehicle at one intersection, the proximity of the officer, and the totality of the circumstances, the officer had reasonable suspicion to stop Kleppe’s vehicle.  We affirm the district court.

Case No. 23-0638:  In re the Marriage of Schuler

Filed Mar 06, 2024

View Opinion No. 23-0638

            Appeal from the Iowa District Court for Poweshiek County, Shawn Showers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            A father appeals from a ruling declining to modify child-support obligations.  The mother requests appellate attorney fees.  OPINION HOLDS: We agree with the approach taken by the district court; we affirm and grant the mother’s request for attorney fees.

Case No. 23-0818:  Melvin Themous Hardgraves v. Ica Goulette

Filed Mar 06, 2024

View Opinion No. 23-0818

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., Langholz, J., and Carr, S.J.  Opinion by Langholz, J.  (6 pages)

            Melvin Hardgraves appeals from the denial of his petition to modify a custody order to obtain physical care of his eight-year-old daughter, who is currently placed in the care of her mother, Ica Goulette.  OPINION HOLDS: Hardgraves has not met his heavy burden to show a substantial change in circumstances warranting modification of the current physical-care order.  We thus affirm the district court’s denial of his modification petition.  We also deny Goulette’s request for appellate attorney fees.

Case No. 23-0898:  In the Interest of S.M., Minor Child

Filed Mar 06, 2024

View Opinion No. 23-0898

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            S.M., a minor child, appeals the juvenile court’s adjudication of him as a delinquent child, finding that he committed the delinquent acts of domestic abuse assault causing injury or mental illness and domestic abuse assault while using or displaying a weapon.  OPINION HOLDS:  Because sufficient evidence supports these findings, we affirm.

Case No. 23-0998:  State of Iowa v. Bryan Michael Halfhill

Filed Mar 06, 2024

View Opinion No. 23-0998

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Bryan Halfhill appeals his convictions of second-degree sexual abuse and lascivious acts with a child.  He challenges the district court’s denial of his motion for new trial, claiming the verdicts are contrary to the weight of the evidence.  OPINION HOLDS: Upon our review, we affirm.

Case No. 23-1168:  Ommen v. City of Dubuque

Filed Mar 06, 2024

View Opinion No. 23-1168

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Langholz, J., takes no part.  Opinion by Schumacher, J.  (8 pages)

            The City of Dubuque appeals the district court’s ruling that granted Dubuque County’s motion to dismiss in this action to determine which entity is responsible for future maintenance of a cemetery.  OPINION HOLDS: Because the City is the governmental subdivision with jurisdiction over the cemetery under Iowa Code section 523I.316 (2020), we affirm.

Case No. 23-1325:  State of Iowa v. Troy Eldon Rees

Filed Mar 06, 2024

View Opinion No. 23-1325

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

            Troy Rees appeals the sentence imposed, arguing he was denied his right of allocution.  OPINION HOLDS: Because the court afforded Rees and his attorney the opportunity to volunteer information regarding his punishment, there was substantial compliance with the rule and the court did not deny him his right of allocution.  Finding no defect in the sentencing procedure, we affirm.

Case No. 23-1533:  In the Interest of B.G. and A.G., Minor Children

Filed Mar 06, 2024

View Opinion No. 23-1533

            Appeal from the Iowa District Court for Adair County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            A father appeals the adjudicatory and dispositional orders in child-in-need-of-assistance (CINA) proceedings.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support the CINA orders.  We affirm the decision of the district court.

Case No. 23-1676:  In the Interest of A.S., Minor Child

Filed Mar 06, 2024

View Opinion No. 23-1676

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A biological father appeals the termination of his parental rights.  OPINION HOLDS: Because case law forecloses two of the father’s claims and termination is in the child’s best interests, we affirm.

Case No. 23-1684:  In the Interest of J.B. and E.S., Minor Children

Filed Mar 06, 2024

View Opinion No. 23-1684

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to two sons contending the State did not prove the statutory grounds for termination and the court should have found statutory exceptions to termination.  OPINION HOLDS: The State proved the statutory grounds for termination, and we agree with the juvenile court that neither of the exceptions asserted applies in this case.  Thus, we affirm the termination. 

Case No. 23-1877:  In the Interest of J.B., Minor Child

Filed Mar 06, 2024

View Opinion No. 23-1877

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Schumacher, P.J.  (8 pages)

            A mother appeals the adjudication and dispositional order in child-in-need-of-assistance (CINA) proceedings concerning her child.  OPINION HOLDS: We affirm the adjudication of the child as CINA under Iowa Code section 232.96A(3)(b), (5), (14), (15), and (16) (2023).  We reverse the adjudication of the child as to Iowa Code section 232.96A(2).  We affirm the disposition.

Case No. 23-1880:  In the Interest of S.W., Minor Child

Filed Mar 06, 2024

View Opinion No. 23-1880

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds authorizing termination and contends that termination is not in the child’s best interests, citing her bond with the child and preference for establishment of a guardianship over termination.  OPINION HOLDS: The State established the child could not be safely returned to the mother’s custody at the time of the termination hearing, satisfying a statutory ground for termination.  Termination rather than a guardianship best serves the child’s best interests.  And the parent-child bond is not so strong to preclude termination on that basis.

Case No. 23-1942:  In the Interest of F.F., Minor Child

Filed Mar 06, 2024

View Opinion No. 23-1942

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (15 pages)

            The juvenile court terminated the mother’s parental rights to F.F., born in 2022, pursuant to Iowa Code section 232.116(1)(h) (2023).  On appeal, the mother challenges the statutory ground for termination, argues the Iowa Department of Health and Human Services failed to make reasonable efforts to reunify her with the child, and contends termination is not in the child’s best interests.  Alternatively, the mother maintains she should have been given more time to work toward reunification.  The mother also raises claims outside of our typical three-step review, asserting F.F. should have been immediately returned to her care after she decided she wanted to parent and the court erred in terminating her rights while leaving intact the rights of a possible biological father.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 23-1954:  In the Interest of T.H. and T.H., Minor Children

Filed Mar 06, 2024

View Opinion No. 23-1954

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (9 pages)

            A father appeals the termination of his parental rights to two children, arguing termination is contrary to the children’s best interests, the juvenile court should have applied permissive exceptions to termination, and he should be afforded additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

Case No. 23-1971:  In the Interest of J.V., J.G., and J.G., Minor Children

Filed Mar 06, 2024

View Opinion No. 23-1971

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: Finding the statutory grounds for termination are met, the best interests of the children support termination, and declining to address issues not preserved for our consideration, we affirm the order terminating the mother’s parental rights.

Case No. 23-2019:  In the Interest of K.C. and C.C., Minor Children

Filed Mar 06, 2024

View Opinion No. 23-2019

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her four-year-old daughter and six-year-old son.  She contends the State did not prove the children could not be returned to her custody and it was not in their best interests to terminate her rights.  OPINION HOLDS: We find clear and convincing evidence that the mother’s lack of protective capacity regarding her paramour, who is a registered sex offender, would expose the children to the risk of harm.  And after two years out of parental care, moving toward adoption is int the children’s best interests.  Thus, we affirm. 

Case No. 23-2021:  In the Interest of G.G., Minor Child

Filed Mar 06, 2024

View Opinion No. 23-2021

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  The father contests that the statutory grounds for termination have been met.  Both parents contend termination is not in the best interests of the child, ask us to consider a permissive exception to termination, and request more time to work toward reunification.  OPINION HOLDS: We find the statutory grounds for termination are satisfied for each parent and that the best interests of the child support termination.  Further, we decline to exercise any exceptions or extensions to termination, so we affirm.

Case No. 23-2059:  In the Interest of E.R., T.R., and J.F., Minor Children

Filed Mar 06, 2024

View Opinion No. 23-2059

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights, claiming the State failed to prove the grounds for termination cited by the juvenile court, termination is not in the children’s best interests, the court should apply a permissive exception to preclude termination, and a guardianship should have been entered in lieu of termination.  OPINION HOLDS: Upon our review, we affirm both appeals.   

Case No. 23-2095:  In the Interest of E.K., Minor Child

Filed Mar 06, 2024

View Opinion No. 23-2095

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother appeals the adjudication of her four-year-old as a child in need of assistance.  OPINON HOLDS: Because we find the State established the statutory grounds for adjudication and the court’s aid was necessary to enforce services, we affirm.

Case No. 24-0003:  In the Interest of C.S., Minor Child

Filed Mar 06, 2024

View Opinion No. 24-0003

            Appeal from the Iowa District Court for O’Brien County, Jessica Noll, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (5 pages)

            An incarcerated father appeals the termination of his parental rights, raising a reasonable-efforts challenge.  OPINION HOLDS: Because he did not request additional services and we find the efforts provided reasonable under the circumstances, we affirm.

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