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October 2018 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

Case No. 16-1425:  State of Iowa v. Isaiah Zacharias

Filed Oct 24, 2018

View Opinion No. 16-1425

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            A defendant appeals his conviction of robbery in the second degree, claiming (I) there was insufficient evidence to corroborate the accomplice testimony and prove his participation in the crime and (II) the district court abused its discretion in sentencing him.  OPINION HOLDS: Upon our review, we affirm. 

Case No. 16-1855:  Ricco Fountain Thigpen v. State of Iowa

Filed Oct 24, 2018

View Opinion No. 16-1855

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Ricco Thigpen appeals the district court’s denial of his application for postconviction relief, claiming his trial attorney was ineffective in failing to call an eyewitness-identification expert at the suppression hearing and at trial.  OPINION HOLDS: We affirm the district court’s denial of the postconviction-relief application.

Case No. 17-0387:  Jamie Lee Cole v. State of Iowa

Filed Oct 24, 2018

View Opinion No. 17-0387

            Appeal from the Iowa District Court for Delaware County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (6 pages)

            Jamie Cole appeals the denial of his motion for postconviction relief.  OPINION HOLDS: Cole’s claim that his plea counsel was ineffective is barred because Cole failed to raise that claim until this appeal. Cole’s postconviction-relief counsel was not ineffective because Cole elected to represent himself pro se. The district court substantially complied with Iowa Code section 822.7 (2015) when ruling on Cole’s application for postconviction relief.

Case No. 17-0940:  In re the Marriage of Holtkamp

Filed Oct 24, 2018

View Opinion No. 17-0940

            Appeal from the Iowa District Court for Des Moines County, John G. Linn, Judge.  AFFIRMED AS MODIFIED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, P.J.  (15 pages)

            Ashley Holtkamp appeals from the decree dissolving her marriage to Nathan Holtkamp.  She argues the trial court erred in finding their prenuptial agreement enforceable and in establishing Nathan’s visitation schedule with the parties’ minor children.  OPINION HOLDS: Because Ashley failed to prove the prenuptial agreement was executed involuntarily, was procedurally unconscionable, or lacked a financial disclosure, we agree with the district court that the prenuptial agreement is enforceable.  Additionally, we modify the visitation schedule on Tuesday nights and weekends and otherwise agree the visitation schedule is in the best interests of the children. 

Case No. 17-0973:  State of Iowa v. Collin Rush Brantley

Filed Oct 24, 2018

View Opinion No. 17-0973

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Collin Rush Brantley appeals the district court’s imposition of a suspended sentence plus probation following his plea to possession of a controlled substance arguing that he was entitled to a deferred judgment.  OPINION HOLDS: We affirm the appellant’s conviction, judgment, and sentence.

Case No. 17-1018:  Andrew Gerth v. Iowa Business Growth, Inc. and Dan Robeson

Filed Oct 24, 2018

View Opinion No. 17-1018

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Potterfield, J.  Special Concurrence by Doyle, J.  (20 pages)

            Andrew Gerth appeals from the district court’s dismissal of his petition alleging age discrimination against his former employer, Iowa Business Growth, Inc., and former supervisor, Dan Robeson.  Gerth challenges the dismissal, but he does not dispute that the defendants were served outside of the ninety-day window.  Gerth raises the following claims: (1) He argues the district court had the discretion to grant an extension even without a showing of good cause and should have done so.  (2) Alternatively, he claims he established good cause for the delay.  As part of this argument, he claims the ninety-day window for service did not begin until the clerk’s office issued the original notice, which in this case occurred two days after Gerth initially filed the petition—making service late by one day rather than three.  He also claims the district court should have, as part of its good-cause analysis, considered the extent his rights would be prejudiced by the dismissal.  (3) Finally, Gerth claims that even if good cause is necessary for an extension and he did not establish it, dismissal was inappropriate because service was only late by three days or less and the defendants were not prejudiced by the delay.  OPINION HOLDS: Because a finding of good cause is required before the court extends the period to timely serve the defendants, and because Gerth has failed to establish good cause for the delay, we affirm the district court’s dismissal of Gerth’s petition.  SPECIAL CONCURRENCE ASSERTS: I concur based on the current precedent cited by the majority but write specially to advocate for an amendment to Iowa Rule of Civil Procedure 1.302(5) that would require the defendant show prejudice even in the absence of “good cause” on the part of the plaintiff in failing to timely serve.

Case No. 17-1087:  State of Iowa v. Jerry Darnell Mosley

Filed Oct 24, 2018

View Opinion No. 17-1087

            Appeal from the Iowa District Court for Clay County, Carl J. Peterson, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., Potterfield, J., and Blane, S.J.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Jerry Mosley appeals his convictions and sentence for first-degree burglary and assault causing bodily injury raising claims of insufficiency of evidence, ineffective assistance of counsel, failure to merge, and inappropriate imposition of restitution costs.  OPINION HOLDS: We affirm Mosley’s conviction for first-degree burglary, preserve his ineffective-assistance claim for postconviction proceedings, and vacate his sentence, remanding for merger of the assault and burglary convictions.

Case No. 17-1097:  State of Iowa v. Beau Tremaine Berge

Filed Oct 24, 2018

View Opinion No. 17-1097

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

            Nine years after the district court erroneously assessed Beau Tremaine Berge court costs in dismissed criminal cases, he challenged the assessment of those costs, which the district court denied.  OPINION HOLDS: On this discretionary review, because of legal precedent, Berge’s own failure to timely challenge the assessments, and his later agreement in a contempt proceeding to pay the costs, we find the district court properly denied Berge’s challenge and affirm.

Case No. 17-1126:  Tony Lewis Grider v. State of Iowa

Filed Oct 24, 2018

View Opinion No. 17-1126

           Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J. (13 pages)

           Tony Grider appeals the dismissal of his application for postconviction relief.  He argues his postconviction-relief counsel provided ineffective assistance in failing to ensure the district court addressed all of his claims, including claims his trial counsel provided ineffective assistance.  OPINION HOLDS: Because we find none of the claims the postconviction-relief court failed to explicitly address would have changed the outcome of Grider’s postconviction-relief application, Grider was not prejudiced by his counsel’s failure to file a rule 1.904 motion.  We find Grider's postconviction-relief counsel’s failure does not warrant relief and affirm the district court’s dismissal of his application for postconviction relief.  

Case No. 17-1185:  State of Iowa v. Terrion Javari Maxfield

Filed Oct 24, 2018

View Opinion No. 17-1185

            Appeal from the Iowa District Court for Story County, Timothy J. Finn, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (4 pages)

            Terrion Maxfield appeals the denial of his motion to continue trial and his sentences.  OPINION HOLDS: The defendant’s guilty plea waives his challenge to the denial of his motion to continue.  Because the trial court did not consider improper factors at sentencing, it did not abuse its discretion in imposing consecutive sentences.  We affirm.

Case No. 17-1189:  State of Iowa v. Lowell Allan Ewalt

Filed Oct 24, 2018

View Opinion No. 17-1189

            Appeal from the Iowa District Court for Buchanan County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            Lowell Ewalt appeals from his conviction for possession of a controlled substance (marijuana).  He challenges the district court’s denial of his motion to suppress evidence obtained after the initiation of a routine traffic stop for speeding.  Ewalt maintains the officer unconstitutionally extended the duration of the stop; he also argues that he should have been told his Miranda rights before the officer asked him questions pertaining to his use of marijuana.  OPINION HOLDS: Because the extension of the duration of the stop was supported by reasonable suspicion and because Ewalt was not in custody—and Miranda requirements had not been triggered—when he made incriminating statements to Trooper Smith, Ewalt’s constitutional rights were not violated.  The district court properly denied Ewalt’s motion to suppress. 

Case No. 17-1260:  Aqua Palace, LLC, an Iowa Limited Liability Company, d/b/a Aqua Palace Pool Spa & Pool v. Rob and Lisa Johnson

Filed Oct 24, 2018

View Opinion No. 17-1260

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (13 pages)

            Defendants appeal from the district court’s ruling on the plaintiff’s breach-of-contract action, raising a number of claims.  OPINION HOLDS: We affirm the judgment in favor of the plaintiff in its entirety, and we remand for a determination of an award of attorney fees incurred on appeal.

Case No. 17-1270:  Wendy Holst v. Michael Stapleton and Mansur Trucking, Inc., and Wisconsin Corporation

Filed Oct 24, 2018

View Opinion No. 17-1270

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED ON THE APPEAL AND THE CROSS-APPEAL.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (12 pages)

            Wendy Holst appeals the district court’s decision granting defendants’ motion for judgment notwithstanding the verdict on the issue of future damages.  Michael Stapleton and Mansur Trucking, Inc. cross-appeal the court’s denial of the motion as to certain past medical expenses.  OPINION HOLDS:  Holst did not present sufficient medical evidence to support a claim for future pain and suffering or future loss of function or sufficient evidence to come within the exception to this requirement, and we affirm the court’s grant of judgment notwithstanding the verdict on this ground.  On the cross-appeal, we conclude the district court did not err in finding there was substantial evidence of causation, so the issue of past medical expenses should be submitted to the jury and the court did not err in denying defendants’ motion for judgment notwithstanding the verdict on this ground.  We affirm on the appeal and the cross-appeal.

Case No. 17-1333:  State of Iowa v. Kenneth Tennant

Filed Oct 24, 2018

View Opinion No. 17-1333

            Appeal from the Iowa District Court for Scott County, Paul L. Macek and Marlita A. Greve, Judges.  AFFIRMED.  Considered by Danilson, C.J., Tabor, J., and Blane, S.J.  Opinion Per Curiam.  (23 pages)

            Kenneth Tennant appeals from his conviction and sentence for tampering with a juror.  On appeal, he alleges (1) the trial court should have granted his motion for mistrial; (2) he should have been allowed to play a specific video for the jury; (3) the court should have granted his motion for judgment of acquittal; (4) the court should have sustained his objection to various jury instructions; (5) the statute under which he was convicted is void for vagueness; (6) the statute violates his First Amendment right to free speech; (7) the trial court should have appointed him standby counsel, and (8) he was subjected to a disparate sentence.  OPINION HOLDS: After our review of the record in this appeal, we find Tennant’s appeal on each issue either has not been preserved or has no merit.  The conviction, judgment, and sentence are affirmed.

Case No. 17-1581:  In the Matter of the Luella Taylor Trust and In the Matter of the Quentin L. Taylor Trust

Filed Oct 24, 2018

View Opinion No. 17-1581

            Appeal from the Iowa District Court for O’Brien County, David A. Lester, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, J.  (12 pages)

            Bradley Taylor appeals the district court’s order interpreting language in his parents’ irrevocable trusts directing the sale of farmland.  OPINION HOLDS: Because we find the settlors’ intent to extend Bradley an option to purchase the land beyond the three-year rental period was plain on the face of the distribution provision, we reverse and remand for a determination of the questions posed in the trustee’s application on the sale of the farm real estate to Bradley.

Case No. 17-1606:  State of Iowa v. Ashley Rathjen

Filed Oct 24, 2018

View Opinion No. 17-1606

            Appeal from the Iowa District Court for Polk County, David N. May, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (6 pages)

            Ashley Rathjen appeals her convictions for two counts of possession of a controlled substance (methamphetamine) with intent to deliver, as a subsequent offender.  She argues her trial counsel was ineffective for allowing her to plead guilty after denial of her motion to dismiss and for failing to file a motion in arrest of judgment to preserve her challenge to her guilty plea.  OPINION HOLDS: We find the record inadequate to address her claims.  Therefore, we affirm her convictions and preserve her claims for possible postconviciton proceedings.

Case No. 17-1671:  Steven DeVolder and Stephanie DeVolder v. State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company

Filed Oct 24, 2018

View Opinion No. 17-1671

           Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Danilson, C.J., McDonald, J., and Carr, S.J.  Opinion by Carr, S.J.  Dissent by McDonald, J.  (11 pages)

            Steven and Stephanie DeVolder appeal the grant of summary judgment in favor of State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company (collectively, State Farm).  The DeVolders claim State Farm committed breach of contract, first-party bad faith, and fraud in processing their insurance claim.  OPINION HOLDS: We agree with the district court that summary judgment is appropriate on the fraud and first-party bad faith claims.  However, we find a genuine issue of material fact regarding the breach-of-contract claim.  Therefore, we reverse on the breach claim and remand for further proceedings.  DISSENT ASSERTS: The district court correctly decided the motion for summary judgment on the record presented.

Case No. 17-1693:  State of Iowa v. Colton Eugene Dunphy

Filed Oct 24, 2018

View Opinion No. 17-1693

            Appeal from the Iowa District Court for Union County, Patrick W. Greenwood, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (14 pages)

            Colton Dunphy appeals his conviction of operating while intoxicated.  He contends the district court erred in denying his motion to suppress evidence allegedly obtained in violation of his rights under Iowa Code section 804.20 (2016).  OPINION HOLDS: We find no violation of section 804.20.  We affirm Dunphy’s conviction of operating while intoxicated. 

Case No. 17-1860:  Andrew Gerth v. Iowa Business Growth, Inc. and Dan Robeson

Filed Oct 24, 2018

View Opinion No. 17-1860

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Potterfield, J.  (13 pages)

            Andrew Gerth appeals the partial dismissal of his second lawsuit (No. LACL138027) and the complete dismissal of his third lawsuit (No. LACL138196) by the district court.  Gerth challenges the district court’s ruling that he was attempting to resurrect the same claims from his first lawsuit with the amendment to his second lawsuit.  He also challenges the district court’s dismissal of his third lawsuit, a copy of his first lawsuit; he argues the savings statute of Iowa Code section 614.10 (2016) is applicable to revive his dismissed first lawsuit.  OPINION HOLDS: Because Gerth does not challenge the district court’s actual reason for dismissing his age-discrimination claims in his second lawsuit, and because the argument he makes on appeal was not presented to the district court on this record, we affirm the district court’s partial dismissal of Gerth’s second lawsuit (No. LACL138027).  Additionally, because the savings statute is not applicable to Gerth’s third lawsuit (No. LACL138196), we affirm the district court’s dismissal.  However, we reverse in part because each of the dismissals should be without prejudice. 

Case No. 17-1883:  State of Iowa v. Andre L. Harrington

Filed Oct 24, 2018

View Opinion No. 17-1883

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (3 pages)

            Andre Harrington appeals the sentence imposed on his conviction for second-degree robbery as an habitual offender.  OPINION HOLDS: Neither of the statutory provisions Harrington relies on, which were enacted after Harrington committed and was convicted for his crime, can apply to his sentence.  Accordingly, we affirm.

Case No. 17-1898:  State of Iowa v. Daniss Tamar Jenkins

Filed Oct 24, 2018

View Opinion No. 17-1898

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (5 pages)

            Daniss Jenkins appeals his conviction and sentence for the crime of eluding.  He asserts the State provided insufficient evidence to establish he was driving at least twenty-five miles per hour over the speed limit.  OPINION HOLDS: We find the State provided sufficient evidence to establish the excessive speed element for eluding.

Case No. 17-1932:  State of Iowa v. Savannah Dawn Hammer

Filed Oct 24, 2018

View Opinion No. 17-1932

            Appeal from the Iowa District Court for Polk County, Odell G. McGhee II, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (5 pages)

            A defendant appeals her conviction and sentence for two counts of theft in the third degree.  She argues her trial counsel was ineffective for failing to ensure her plea had a factual basis and for failing to investigate.  OPINION HOLDS: We find there was a factual basis for her guilty plea.  Because the defendant waived all arguments not relating to her plea when she pled guilty, we cannot consider her claim her trial counsel failed to investigate.  We affirm the conviction and sentence of the district court. 

Case No. 17-2045:  State of Iowa v. Onterier Brown

Filed Oct 24, 2018

View Opinion No. 17-2045

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (4 pages)

            Onterier Brown appeals from convictions and sentences imposed after a jury found him guilty of three counts of sexual abuse in the third degree and one count of incest.  He challenges an evidentiary ruling and the sufficiency of the evidence.  OPINION HOLDS: The district court engaged in the appropriate balancing test, determined the evidence of other sex acts was relevant to the issue of consent and to the relationship of the defendant to the complainant, and was not unfairly prejudicial.  We find no abuse of discretion.  There was substantial evidence from which the jury could find the sex acts were done “against the will” of the complainant.

Case No. 17-2085:  State of Iowa v. Eric McIntosh, Jr.

Filed Oct 24, 2018

View Opinion No. 17-2085

            Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (3 pages)

            Edward McIntosh Jr. appeals his conviction for delivery of methamphetamine claiming sentencing entrapment.  OPINION HOLDS: Iowa courts do not recognize sentencing entrapment as an affirmative defense, and the defense would have been unsuccessful.  We affirm the conviction.

Case No. 17-2095:  State of Iowa v. Jonathon Hans Pion

Filed Oct 24, 2018

View Opinion No. 17-2095

            Appeal from the Iowa District Court for Marion County, Martha L. Mertz and Dustria A. Relph, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

            Jonathon Pion appeals after pleading guilty to violating a custodial order.  OPINION HOLDS:  Because there was a factual basis for the district court to accept the guilty plea and because the district court did not abuse its discretion in sentencing Pion, we affirm.

Case No. 18-0150:  In the Matter of K.H., Alleged to be Seriously Mentally Impaired

Filed Oct 24, 2018

View Opinion No. 18-0150

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (3 pages)

            K.H. appeals a district court ruling finding her to be seriously mentally impaired as defined by Iowa Code section 229.1(20)(a) and (c) (2017) and ordering her involuntary commitment, contending the serious-mental-impairment finding is unsupported by sufficient evidence.  OPINION HOLDS: We find the district court’s finding of serious mental impairment is supported by sufficient evidence and affirm. 

Case No. 18-0156:  In re the Marriage of Hayes

Filed Oct 24, 2018

View Opinion No. 18-0156

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Wittig, Judge.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Eric Hayes appeals the denial of his request to modify his child and spousal support obligations, claiming the district court should have adjusted the amounts to account for changes in income, and any changes should apply retroactively.  Additionally, he requests appellate attorney fees.  OPINION HOLDS: Because we find Eric’s decrease in income was not self-inflicted, modification is warranted.  We remand to the district court for recalculation of Eric’s child and spousal support obligations in line with the parties’ new incomes.  Reductions in support will not apply retroactively.  Each party is responsible for their own appellate attorney fees, and we divide appellate costs equally between the parties.

Case No. 18-0236:  State of Iowa v. Jessey Shane Pritchett

Filed Oct 24, 2018

View Opinion No. 18-0236

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (5 pages)

                Jessey Pritchett appeals his conviction and sentence for the crime of escape.  Pritchett first asserts he received ineffective assistance of counsel because his counsel allowed him to enter a written guilty plea.  He claims that had he appeared for a plea hearing, on the record, he would have been informed his plea may impact his probationary status on his prior conviction.  He also claims his counsel was ineffective by allowing him to request immediate sentencing, thereby limiting his ability to “consider his options.”  OPINION HOLDS: We find he has not proved his ineffective-assistance-of-counsel claims, and therefore we affirm. 

Case No. 18-0253:  State of Iowa v. Carmen Ledesma

Filed Oct 24, 2018

View Opinion No. 18-0253

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (10 pages)

            The defendant appeals her conviction and sentence of arson in the second degree. OPINION HOLDS: Defendant’s attorney did not provide ineffective assistance of counsel by failing to file a motion in arrest of judgment challenging the factual basis of defendant’s plea.  The restitution order is not supported by the record.

Case No. 18-0399:  In the Matter of S.J., Alleged to be Seriously Mentally Impaired

Filed Oct 24, 2018

View Opinion No. 18-0399

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (9 pages)

            S.J. appeals involuntary-commitment orders under Iowa Code chapters 125 and 229 (2018).  She argues the district court’s findings that she suffers from a substance-related disorder, as provided in Iowa Code sections 125.2(14) and 125.75(2)(a), and a serious mental impairment, as defined in section 229.1(20), are not supported by sufficient evidence.  OPINION HOLDS: We conclude the district court’s finding that S.J. posed a danger to herself as a result of her cannabis use disorder is supported by clear and convincing evidence.  We therefore affirm the chapter 125 involuntary-commitment order.  We conclude the finding that S.J. suffered from a serious mental impairment at the time of the commitment hearing is unsupported by clear and convincing evidence.  We reverse the chapter 229 order and remand to the district court with instructions to deny the application under chapter 229 and terminate the proceeding. 

Case No. 18-0452:  State of Iowa v. Omar Alejandro Contreras-Gonzalez

Filed Oct 24, 2018

View Opinion No. 18-0452

            Appeal from the Iowa District Court for Woodbury County, Timothy T. Jarman, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (2 pages)

            Defendant appeals his sentences for possession of a controlled substance and theft in the third degree.  OPINION HOLDS: Defendant’s waiver of his right of allocution was knowing and voluntary.

Case No. 18-0507:  State of Iowa v. David M. Leyh

Filed Oct 24, 2018

View Opinion No. 18-0507

            Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (4 pages)

            David Leyh challenges his conviction for possession of marijuana, first offense, claiming ineffective assistance because there was an insufficient factual basis to support his plea.  OPINION HOLDS:  We find the record had sufficient factual basis to support the charge and affirm.

Case No. 18-0640:  In the Matter of the Estate of John Patrick Shanahan

Filed Oct 24, 2018

View Opinion No. 18-0640

            Appeal from the Iowa District Court for Dubuque County, Monica L. Wittig, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            The executor of the estate of John P. Shanahan appeals a district court order denying his attorney’s request for extraordinary fees.  OPINION HOLDS: We reverse the district court’s denial of the executor’s extraordinary-fee application and remand for entry of an award for the requested amount. 

Case No. 18-1509:  In the Interest of T.B., Minor Child

Filed Oct 24, 2018

View Opinion No. 18-1509

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (4 pages)

            The mother appeals the order placing T.B. in her father’s custody, arguing the district court lacked jurisdiction to modify the disposition while she appealed the child’s removal.  OPINION HOLDS: Because we find the issue of where to place T.B. is distinct from the issue on appeal of whether T.B. should be removed from her mother’s care and custody, we find the district court retained jurisdiction to modify the dispositional order while the appeal was pending.

Case No. 18-1512:  In the Interest of M.L., Minor Child

Filed Oct 24, 2018

View Opinion No. 18-1512

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (5 pages)

            A mother and a father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: Because the child could not be returned to the parents’ custody at the time of the termination hearing, clear and convincing evidence establishes the grounds for termination pursuant to Iowa Code section 232.116(1)(h) (2018).  The evidence also shows that termination is in the child’s best interests and a delay of six months is unwarranted.  Accordingly, we affirm the termination of both the mother’s and the father’s parental rights.

Case No. 16-1066:  State of Iowa v. Roger Osborn

Filed Oct 10, 2018

View Opinion No. 16-1066

           Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Heard by Danilson, C.J., McDonald, J., and Scott, S.J.  Opinion by McDonald, J.  Special Concurrence by Danilson, C.J.  (23 pages)

           Defendant Roger Osborn appeals his convictions and sentences for twenty-six counts of possession of a visual depiction of a minor engaging in a prohibited sexual act.  OPINION HOLDS: The district court did not err in denying Osborn’s motion to suppress his interview with police, the evidence was sufficient to support Osborn’s conviction, and the sentencing court did not abuse its discretion.  SPECIAL CONCURRENCE ASSERTS: I specially concur to acknowledge the issue of whether Osborn was in custody is a close question.  Notwithstanding evidence that might support a finding Osborn was in custody, as soon as Osborn arrived at the police station he was informed he could leave at any time and he was provided transport to his home after the interview.  Considering all of these factors, I concur in this close decision.

Case No. 17-0030:  Cardnel Brown, Jr. v. State of Iowa

Filed Oct 10, 2018

View Opinion No. 17-0030

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (9 pages)

            Cardnel Brown Jr. appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We find Brown failed to establish by a preponderance of evidence his counsel provided ineffective assistance.  We affirm the district court.

Case No. 17-0410:  State of Iowa v. Mark Haase

Filed Oct 10, 2018

View Opinion No. 17-0410

            Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Blane, S.J.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Mark Haase appeals his convictions for possession with intent to deliver methamphetamine and failure to affix a drug tax stamp, raising the claim of an invalidly executed search warrant.  OPINION HOLDS: We conclude the affiant police officer did not act with reckless disregard for the veracity of the informant.  We affirm Haase’s convictions.

Case No. 17-0622:  State of Iowa v. Justin Andre Baker

Filed Oct 10, 2018

View Opinion No. 17-0622

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Heard by Vogel, P.J., Tabor, J., and Carr, S.J.  Opinion by Vogel, P.J.  Dissent by Tabor, J. (24 pages)

            Justin Baker appeals his convictions and sentences for possession with intent to deliver marijuana and other charges.  He argues the district court erred in denying his motion to suppress, his counsel was ineffective for failing to file another motion to suppress, and the district court abused its discretion in imposing his sentence.  OPINION HOLDS: We find the court properly denied the motion to suppress, he has not shown prejudice resulted from his counsel’s failure to file a second motion, and the court adequately explained its reasoning for imposing his sentence.  DISSENT ASSERTS: I would reverse the district court’s denial of Justin Baker’s motion to suppress.  I do not believe the State demonstrated the totality of the circumstances gave rise to reasonable suspicion necessary to conduct an investigatory stop of Baker’s vehicle.

Case No. 17-0680:  State of Iowa v. Elias Walter Wanatee

Filed Oct 10, 2018

View Opinion No. 17-0680

           Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Heard by Vogel, P.J., Tabor, J., and Blane, S.J.  Opinion by Tabor, J. (17 pages)

            Elias Wanatee appeals his conviction for second-degree murder, maintaining trial counsel was ineffective in failing to effectively object to hearsay testimony identifying “Eli” as the attacker and failing to seek the exclusion of testimony from a “jailhouse snitch,” and argues the cumulative effect of the errors resulted in prejudice.  Wanatee further argues the district court erred in permitting the State medical examiner to use the term “defensive wounds,” and by admitting into evidence a diagram from a pathology textbook illustrating “defensive wounds.”  OPINION HOLDS: Finding no breach of duty by counsel and no prejudice resulting from the district court’s admission of evidence relating to “defensive wounds,” we affirm.

Case No. 17-0741:  Alan Lee Lucas v. Iowa District Court for Linn County

Filed Oct 10, 2018

View Opinion No. 17-0741

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  WRIT ANNULLED.  Considered by Potterfield, P.J., McDonald, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            By way of certiorari, Alan Lucas challenges the sufficiency of the evidence to support the district court’s finding of contempt.  OPINION HOLDS: We find the evidence sufficient to support the finding of contempt, affirm the decision of the district court, and annul the writ of certiorari. 

Case No. 17-0784:  State of Iowa v. Travis Raymond Wayne West

Filed Oct 10, 2018

View Opinion No. 17-0784

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Doyle, J.  (12 pages)

            Travis West appeals his convictions for involuntary manslaughter and delivery of a controlled substance, raising claims of insufficiency of the evidence, abuse of the trial court’s discretion in admitting certain evidence, and failure by the trial court to merge the crimes charged at sentencing.  OPINION HOLDS: We affirm West’s convictions for involuntary manslaughter and delivery of a controlled substance.  SPECIAL CONCURRENCE ASSERTS: I concur specially concur to question the propriety of the two-step analysis set forth in State v. Halliburton, 539 N.W.2d 339, 344 (Iowa 1995).  However, I recognize that we are bound by precedent and must look to our supreme court to revisit the issue.

Case No. 17-0803:  In re the Marriage of Spitzmiller

Filed Oct 10, 2018

View Opinion No. 17-0803

            Appeal from the Iowa District Court for Scott County, Paul L. Macek, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Jackie Spitzmiller appeals the spousal support provision of the decree dissolving her marriage, claiming the district court should not have reduced its initial award to her following its grant of Scott Spitzmiller’s motion for enlarged findings.  Scott cross-appeals, challenging the property equalization payment order.  OPINION HOLDS: We affirm as modified on appeal; we affirm on cross-appeal.

Case No. 17-0839:  Colby Ray Puckett v. State of Iowa

Filed Oct 10, 2018

View Opinion No. 17-0839

            Appeal from the Iowa District Court for Mills County, James M. Richardson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (10 pages)

            Colby Puckett appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Puckett’s plea was knowingly and voluntarily entered, and he has failed meet his burden to show plea counsel was ineffective, the district court did not err in denying his application. 

Case No. 17-0889:  In re the Marriage of Hansen

Filed Oct 10, 2018

View Opinion No. 17-0889

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED AS MODIFIED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J.  Special concurrence by McDonald, J.  Concurrence in part and dissent in part by Mullins, J.  (50 pages)

            Max Hansen appeals, and Karin Hansen cross-appeals from the district court’s decree dissolving their marriage.  Max asserts the district court’s award of spousal support is inappropriate in this case.  Max also challenges the court’s order he pay a portion of Karin’s trial-attorney fees.  Karin contends the district court should have ordered a greater spousal-support award.  Karin also argues the district court improperly determined the parties’ most recent postnuptial agreement controlled the division of assets, and erred in not awarding her a share of the equity in Max’s Davenport residence.  Karin requests attorney fees on appeal.  OPINION HOLDS: We conclude there is no reason to disturb the district court’s property distribution, and the district court properly awarded Karin trial-attorney fees.  However, we also conclude the district court’s spousal support award was inequitable and modify the spousal-support award.  We deny Karin’s request for appellate-attorney fees.  SPECIAL CONCURRENCE ASSERTS: I concur in the property division as equitable and concur in the spousal support award because Max conceded he was willing to pay spousal support at oral argument.  PARTIAL DISSENT ASSERTS: I dissent from the modification of the permanent alimony to Karin as inequitable in light of the award to Max of 100% of the roughly $9.6 million, 250% increase in the value of his premarital property and netting him $15.7 million after this eight-year marriage.

Case No. 17-0971:  Michelle Tamayo v. Charles A. Debrah, M.D., an individual, Mercy Health Services - Iowa, Corporation d/b/a Mercy Medical Center - North Iowa and d/b/a Mercy Home Care - North, Iowa, Iowa Corporations

Filed Oct 10, 2018

View Opinion No. 17-0971

            Appeal from the Iowa District Court for Cerro Gordo County, Christopher Foy, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Mullins and McDonald, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Plaintiff appeals the district court’s ruling granting summary judgment in favor of defendants on a medical malpractice action.  OPINION HOLDS: We conclude the district court did not abuse its discretion in striking the plaintiff’s expert witnesses and the district court did not err in granting the defendants’ motion for summary judgment.

Case No. 17-1149:  Ames 2304, LLC v. City of Ames, Zoning Board of Adjustment

Filed Oct 10, 2018

View Opinion No. 17-1149

            Appeal from the Iowa District Court for Story County, Michael J. Moon, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (16 pages)

            Ames 2304, LLC appeals the district court order annulling its writ of certiorari.  It contends the Ames Zoning Board of Adjustment acted illegally in denying it a permit for its proposed remodeling plan by incorrectly applying the law in interpreting the zoning ordinance concerning nonconforming use.  It also contends substantial evidence does not support the Board’s finding that the plan would increase the intensity of the nonconforming use.  OPINION HOLD: The municipal ordinance’s definition of “intensity” does not apply to residential uses.  However, limiting the application of the “increase in intensity” test to just enlargements, expansions, or extensions of nonconforming uses would be contrary to the purposes of the zoning ordinance.  Looking elsewhere in the ordinance for a definition of intensity to apply to residential uses, the only instance we could find ties intensity to the number of dwelling units.  Because the proposed remodel does not increase the number of dwelling units, it would not increase the intensity of the nonconforming use.  In relying on its erroneous interpretation of the zoning ordinance, the Ames Zoning Board of Adjustment acted illegally in denying Ames 2304 a permit for its proposed interior remodel.  We reverse the district court order annulling the writ of certiorari and remand to the district court for entry of an order sustaining the writ.

Case No. 17-1336:  State of Iowa v. Sean Michael Hilliard

Filed Oct 10, 2018

View Opinion No. 17-1336

            Appeal from the Iowa District Court for Dubuque County, Monica L. Wittig, Judge.  AFFIRMED.  Considered by Vogel, P.J., Tabor, J., and Mahan, S.J.  Opinion by Vogel, P.J.  (9 pages)

            Sean Hilliard appeals his conviction for sexual abuse in the second degree.  Through his appellate counsel, he argues his trial counsel was ineffective on several grounds.  In a pro se brief, he also argues his jury was not drawn from a fair cross-section of the community and the evidence is insufficient to support his conviction.  OPINION HOLDS: We find the evidence is sufficient to support his conviction, he did not preserve his jury-composition argument, and we cannot evaluate his ineffective-assistance claims on the record before us.  Therefore, we affirm his conviction and preserve his ineffective-assistance claims for potential postconviction proceedings.

Case No. 17-1349:  Farmers Savings Bank v. Richard Allen Wessels, Prime Rut, Inc., and Wessels Land, LLC

Filed Oct 10, 2018

View Opinion No. 17-1349

            Appeal from the Iowa District Court for Clayton County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (9 pages)

            Appellants appeal a district court decree granting foreclosure of mortgages on farm property in favor of Farmers Savings Bank.  OPINION HOLDS: Having reviewed de novo the issues properly presented on appeal, we affirm the outcome of the district court proceedings. 

Case No. 17-1365:  State of Iowa v. Alan Nigel Archibald, Jr.

Filed Oct 10, 2018

View Opinion No. 17-1365

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (3 pages)

            Alan Nigel Archibald Jr. appeals from his convictions following bench trial for multiple offenses.  On appeal, Archibald argues that the district court erred when it denied his motion for a new trial because the verdict was against the weight of the evidence.  OPINION HOLDS: Because the court did not abuse its discretion in denying Archibald’s motion for a new trial, we affirm.

Case No. 17-1410:  In re the Marriage of Haidar

Filed Oct 10, 2018

View Opinion No. 17-1410

           Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

           Patricia Haidar appeals the entry of default judgment in her dissolution proceeding.  OPINION HOLDS: The entry of default judgement was not proper because Patricia's counsel was present for trial and prepared to proceed without Patricia's physical presence, and Patricia's presence was not reasonably necessary to resolve the disputes at issue.  The portion of the judgment dissolving the marriage is affirmed, and the remainder is vacated and remanded to the district court for substantive consideration.

Case No. 17-1528:  State of Iowa v. Nancy Kay Elizabeth Hoffman

Filed Oct 10, 2018

View Opinion No. 17-1528

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (15 pages)

            Nancy Hoffman appeals her conviction and sentence following her guilty plea to operating while under the influence (OWI), second offense.  Her appeal was consolidated with her appeal of the revocation of her probation and deferred judgment from a prior conviction.  Hoffman asserts the court erred in accepting her guilty plea, in sentencing her, and in finding a probation violation had occurred.  Hoffman also asserts her trial counsel was ineffective in allowing her to plead guilty to OWI, second offense, without a factual basis and because her plea was not given knowingly, voluntarily, or intelligently.  OPINION HOLDS: Because there was a factual basis for Hoffman’s guilty plea to OWI, second offense, counsel was not ineffective in that regard.  Because Hoffman stipulated she violated the terms of probation, the court did not err in revoking her probation and deferred judgment.  We affirm Hoffman’s conviction, revocation, and sentences.  Because the record is inadequate to address Hoffman’s other ineffective-assistance-of-counsel claims, we preserve those claims for potential postconviction-relief proceedings.

Case No. 17-1551:  Bianca Brashear v. Seth Aldini

Filed Oct 10, 2018

View Opinion No. 17-1551

            Appeal from the Iowa District Court for Polk County, Mary Pat Gunderson, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED IN PART AND REVERSED IN PART ON CROSS-APPEAL; AND REMANDED WITH DIRECTIONS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (14 pages)

            Seth Aldini appeals and Bianca Brashear cross-appeals from the order modifying their custody and support decree.  OPINION HOLDS: On appeal, we affirm as modified the visitation terms—modifying the weekend, Wednesday night, holiday and child’s birthday visitation terms.  On the cross-appeal, we reverse the denial of retroactive application of the increased child support and affirm on all other issues.  We remand for further proceedings consistent with this opinion.

Case No. 17-1557:  Jason A. Brown v. State of Iowa

Filed Oct 10, 2018

View Opinion No. 17-1557

           Appeal from the Iowa District Court for Jackson County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J. (7 pages)

           Jason Brown appeals from the summary adjudication of his second application for postconviction relief, contending the district court erred in dismissing the claim as time barred.  OPINION HOLDS: Because Brown has not shown he could not have raised the issue earlier or sufficient reason to avoid the three-year bar, we affirm. 

Case No. 17-1588:  State of Iowa v. Bryant Kephart

Filed Oct 10, 2018

View Opinion No. 17-1588

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt and Cynthia M. Moisan, District Associate Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (5 pages)

            Bryant Kephart challenges his guilty pleas, claiming he received ineffective assistance of counsel because his plea was not knowingly made and lacked a factual basis.  OPINION HOLDS: Because the plea was knowingly made and supported by a factual basis, counsel was not ineffective in allowing Kephart to plead guilty or failing to file a motion in arrest of judgment.

Case No. 17-1666:  Robert Valley and Marlene Valley v. Douglas Kiel and Jan Kiel

Filed Oct 10, 2018

View Opinion No. 17-1666

            Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

            Robert and Marlene Valley appeal the district court order denying their petition and entering judgment in favor of Douglas and Jan Kiel.  OPINION HOLDS: The Valleys have met their burden of proving their claim to enforce the security interest, and the Kiels fall short of proving by clear and convincing evidence the proof necessary to reform the contract.  We reverse the district court order denying the Valleys’ petition, enter judgment in their favor, and assess costs of the action to the Kiels.  We remand to the district court to determine the amount of attorney fees to award the Valleys.

Case No. 17-1677:  John Paul Gent and Beth Ann Gent v. Thomas Joseph Gent and Mary Ann Gent

Filed Oct 10, 2018

View Opinion No. 17-1677

           Appeal from the Iowa District Court for Keokuk County, Joel D. Yates, Judge.  REVERSED.  Considered by Potterfield, P.J., McDonald, J., and Scott, S.J.  Opinion by McDonald, J.  (5 pages)

           Petitioners appeal from the district court judgment permanently enjoining them from taking certain actions with respect to farm property.  OPINION HOLDS: Respondents failed to prove they would suffer substantial injury or damages in the absence of injunctive relief.  They also failed to show no alternative legal remedy would be adequate.  The district court erred in granting injunctive relief.

Case No. 17-1696:  State of Iowa v. Brian McConnelee

Filed Oct 10, 2018

View Opinion No. 17-1696

            Appeal from the Iowa District Court for Buchanan County, Kellyann M. Lekar And David P. Odekirk, Judges.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (9 pages)

            Brian McConnelee appeals his consecutive sentences for convictions of eight counts in three cases, claiming his counsel provided ineffective assistance by failing to object to the prosecutor’s alleged breach of the parties’ plea agreement.  OPINION HOLDS: Defense counsel failed to perform an essential duty by failing to timely object to the prosecutor’s breach of the plea agreement.  We presume McConnelee was prejudiced by defense counsel’s failure. 

Case No. 17-1729:  State of Iowa v. Ricky Leon Riddle

Filed Oct 10, 2018

View Opinion No. 17-1729

            Appeal from the Iowa District Court for Lee (South) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (14 pages)

            Ricky Riddle appeals from his conviction after a jury verdict of intimidation with a dangerous weapon with intent, a class “C” felony.  He contends the district court abused its discretion when it allowed into evidence a recording of a jailhouse phone call of Riddle calling the State’s main witness.  Additionally, Riddle claims he was denied effective assistance because his trial counsel did not object to the prosecutor’s inflammatory statements, which amounted to prosecutorial error, during closing arguments.  OPINION HOLDS: The district court did not abuse its discretion when it admitted into evidence a recording of a phone call between Riddle and the complaining witness.  Additionally, because Riddle has not established a due process violation resulting from the prosecutor’s statements in closing argument, his claim of ineffective assistance cannot succeed.  We affirm.

Case No. 17-1740:  In the Interest of C.D., Minor Child

Filed Oct 10, 2018

View Opinion No. 17-1740

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A mother appeals the termination of her parental rights raising claims of insufficient evidence and a ruling that is contrary to the best interests of the child.  OPINION HOLDS: We conclude termination of the mother’s parental rights to the child was in the child’s best interests.  We affirm the district court’s termination decision.

Case No. 17-1766:  State of Iowa v. Vadim Igorevich Shultsev

Filed Oct 10, 2018

View Opinion No. 17-1766

            Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (6 pages)

            Vadim Shultsev appeals convictions for driving while license revoked, asserting an actual-innocence claim, despite pleading guilty.  He asks this court to find the recent supreme court case, Schmidt v. State, 909 N.W.2d 778, 789 (Iowa 2018), permits him to raise an actual-innocence claim on direct appeal despite not challenging the underlying guilty plea.  OPINION HOLDS: Shultsev was still required to timely file a motion in arrest of judgment to challenge his guilty plea on direct appeal.  A direct appeal from an uncontested guilty plea is not a viable vehicle to introduce a claim of actual innocence.  Even if we could reach the merits of Shultsev’s claim, the record is inadequately developed.  We affirm. 

Case No. 17-1776:  State of Iowa v. Robert Alejandro Esparza

Filed Oct 10, 2018

View Opinion No. 17-1776

            Appeal from the Iowa District Court for Polk County, Odell G. McGhee and William A. Price, District Associate Judges.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (4 pages)

            Robert Esperza appeals his conviction for driving while his license was denied or revoked, contending his trial counsel was ineffective for failing to timely move to suppress statements he made to an officer before his Miranda warnings were given.  OPINION HOLDS: Because the record is not adequate to decide this issue, we affirm Esparza’s conviction but preserve his ineffective-assistance claim for possible postconviction-relief proceedings.

Case No. 17-1903:  State of Iowa v. Trae D. Jackson

Filed Oct 10, 2018

View Opinion No. 17-1903

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge, And Christine Dalton Ploof, District Associate Judge.  REVERSED IN PART, SENTENCES VACATED, AND REMANDED FOR RESENTENCING.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (10 pages)

            Trae Jackson appeals following his convictions for operating while under the influence, third offense; driving while barred; and unlawful possession of a prescription drug.  He challenges the sufficiency and weight of the evidence that he was operating a vehicle.  OPINION HOLDS: We reverse and remand the convictions of operating while under the influence and driving while barred because there is not substantial evidence Jackson was “operating” the vehicle.  We vacate the sentences imposed, and remand for dismissal of those charges and for resentencing on the conviction for unlawful possession of a prescription drug.  

Case No. 17-1916:  Forrest Trausch v. Iowa Department of Human Services

Filed Oct 10, 2018

View Opinion No. 17-1916

           Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (3 pages)

           Forrest Trausch appeals the district court’s affirmation of the Iowa Department of Human Services’ determination that Trausch had denied his son critical care.  OPINION HOLDS: The Iowa Department of Human Services’ decision was supported by substantial evidence and was not irrational, illogical, or wholly unjustifiable.

Case No. 17-1933:  Veronica M. Lack v. State of Iowa and The Iowa Department of Natural Resources

Filed Oct 10, 2018

View Opinion No. 17-1933

           Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J. (4 pages)

           Veronica Lack appeals from the district court’s grant of summary judgment to the defendants in this civil rights action, asserting the district court erred in failing to find a continuing violation under the Iowa Civil Rights Act.  OPINION HOLDS: Because Lack failed to seek a specific ruling on the continuing-violation doctrine, the issue is not properly preserved for our review.  We therefore affirm. 

Case No. 17-1934:  Mumm v. Jennie Edmundson Memorial Hospital d/b/a Methodist Jennie Edmundson Hospital, Emergency Physicians of Western Iowa, L.L.C. and Paul C. Mileris, M.D.

Filed Oct 10, 2018

View Opinion No. 17-1934

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Per Curiam.  Dissent by Doyle, J.  (9 pages)

            Mandi Mumm appeals the order denying her motion for new trial after a jury found in favor of the defendants on her medical-malpractice claim.  OPINION HOLDS: Because the district court did not abuse its discretion in answering questions submitted by the jury during deliberations, we affirm the order denying Mumm’s motion for new trial.  DISSENT ASSERTS: Because Iowa Code section 668.3(5) (2017) mandates a court inform the jury of the effects of comparative fault as applied to the jury’s answers concerning fault, I believe the trial court erred in failing to answer the jury’s question concerning the effects of comparative fault.  This material omission of the law is the substantial equivalent of a material misstatement of the law, and Mumm is entitled to a new trial.  I would reverse the order denying her motion for new trial and remand for further proceedings.

Case No. 17-1964:  Serena Konrardy and Carrie Rigdon, n/k/a Carrie Burmeister v. Vincent Angerer Trust and Dewitt Bank and Trust Company, as Trustee of the Vincent Angerer Trust

Filed Oct 10, 2018

View Opinion No. 17-1964

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (8 pages)

            In this interlocutory appeal, the defendants argue the district court erred in denying their motion for summary judgment.  OPINION HOLDS: I. Because the defendants failed to show that the plaintiffs reasonably should have known of the existence of their breach-of-trust claim based on an accounting or report they provided to the plaintiffs, we affirm the order denying summary judgment on the grounds the plaintiffs’ claim violates the statute of limitations found in Iowa Code section 633A.4504 (2017).  II. The defendants are not entitled to summary judgment on the merits because they failed to show that their interpretation of the trust document is correct as a matter of law.

Case No. 17-2022:  In re the Marriage of Christenson

Filed Oct 10, 2018

View Opinion No. 17-2022

           Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J. (15 pages)

           Dawn Christenson appeals from the district court’s denial of her petition to modify provisions of the decree dissolving her marriage to Chad Christenson.  Dawn asked the district court to modify the decree to give her sole legal custody and physical care of the parties’ minor child; she also asked the court to modify the child-support obligation accordingly.  On appeal, Dawn challenges the district court’s denial of her motion for default judgment.  Alternatively, she argues the court should have granted her application for modification on the merits because a substantial change in circumstances warranting modification exists and modification is in the minor child’s best interests.  OPINION HOLDS: As the district court is bound to reach custody determinations based upon the best interests of the child at issue, we cannot say the court abused its discretion when it denied Dawn’s application for default judgment.  In considering the merits of the application for modification, we find Dawn established a substantial change in circumstances exists, but we cannot say she is better able to minister to A.C.’s well-being.  Thus, we affirm the district court’s denial of her application for modification.

Case No. 17-2100:  State of Iowa v. Kenneth J. Shadlow

Filed Oct 10, 2018

View Opinion No. 17-2100

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (4 pages)

            Defendant Kenneth Shadlow appeals his sentence for failure to comply with the sex offender registry.  OPINION HOLDS: We affirm Shadlow’s conviction and sentence.

Case No. 17-2108:  In the Matter of the Guardianship and Conservatorship of Lori Feistner

Filed Oct 10, 2018

View Opinion No. 17-2108

           Appeal from the Iowa District Court for Polk County, Peter A. Keller, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (7 pages)

           Lori Fesitner appeals the order establishing an involuntary guardianship and conservatorship.  OPINION HOLDS: The petitioner provided insufficient evidence to justify the establishment of a guardianship or conservatorship.

Case No. 18-0015:  In the Interest of R.S. and L.S., Minor Children

Filed Oct 10, 2018

View Opinion No. 18-0015

            Appeal from the Iowa District Court for Sac County, Joseph B. McCarville, District Associate Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (16 pages)

            A mother appeals from the district court order denying her petition to terminate the parental rights of the father their two children.  OPINION HOLDS: Because there is clear and convincing evidence the father abandoned his children, as that term is used in Iowa Code sections 600A.2(19) and 600A.8(3)(b) (2017); because the mother did not prevent the father from visiting or communicating with the children; and because termination is in the children’s best interests, we reverse the district court and remand with instructions to enter an order terminating the father’s parental rights.

Case No. 18-0054:  In re the Marriage of Rohde

Filed Oct 10, 2018

View Opinion No. 18-0054

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (12 pages)

            Jared Rohde appeals from the district court’s modification of the decree dissolving his marriage to Kelly Rohde.  Jared challenges the court’s failure to include the extraordinary visitation credit in calculating his child support obligation as required under the Child Support Guidelines.  He also asserts the district court should not have awarded Kelly any trial attorney fees.  OPINION HOLDS: After reviewing the record, and considered the unique custody issues in this case, the disparity in incomes of the parties, and Jared’s testimony, we find it was equitable not to apply the extraordinary credit to Jared’s child support obligation.  Jared has failed to show the court’s trial attorney fee award was an abuse of its discretion.  We affirm the district court’s order.  Any costs on appeal are assessed equally.

Case No. 18-0112:  Joshua David Mitchell v. State of Iowa

Filed Oct 10, 2018

View Opinion No. 18-0112

            Appeal from the Iowa District Court for Linn County, Paul D. Miller, Chad A. Kepros, and Lars G. Anderson, Judges.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J., J.  (5 pages)

            Joshua Mitchell appeals from the denial of his motion to reinstate his second postconviction-relief (PCR) application, asserting PCR counsel was ineffective.  OPINION HOLDS: Because our confidence in the outcome has been undermined by the alleged shortcomings of Mitchell’s PCR counsel, we reverse and remand for further proceedings.

Case No. 18-0203:  Robyn Brown v. Layne Irwin

Filed Oct 10, 2018

View Opinion No. 18-0203

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (9 pages)

            A mother, Robyn Brown, appeals from a decree establishing paternity, custody, and support of her child.  OPINION HOLDS: We affirm the establishment of paternity in Layne Irwin.  We modify the district court's award of joint physical care and award physical care to Brown and liberal visitation to Irwin.  We award Brown child support and attorney's fees.  We remand to the district court to calculate child support and determine a visitation schedule.

Case No. 18-0229:  State of Iowa v. Jason Bendickson

Filed Oct 10, 2018

View Opinion No. 18-0229

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, James M. Drew, Gregg R. Rosenbladt, and Rustin T. Davenport, Judges.  CONDITIONALLY AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Jason Bendickson appeals from two convictions asserting he is actually innocent despite pleading guilty and, citing the intervening decision in Schmidt v. State, 909 N.W.2d 778, 789 (Iowa 2018), asks the court to remand for the district court to address his claim.  OPINION HOLDS: Because the district court found only that his guilty plea was knowing and voluntary and because Schmidt held defendants can assert a claim of actual innocence that is extrinsic to the plea, we agree a remand is appropriate.  We conditionally affirm Bendickson’s convictions and remand for a hearing on his freestanding claim of actual innocence. 

Case No. 18-0247:  In re M.B., Alleged to be Seriously Mentally Impaired

Filed Oct 10, 2018

View Opinion No. 18-0247

            Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (7 pages)

            M.B. appeals the district court decision finding him to be seriously mentally impaired.  OPINION HOLDS:  We find there is sufficient evidence in the record to show M.B. lacks sufficient judgment to make responsible decisions with respect to his treatment and is likely, if allowed to remain at liberty, to inflict physical injury on himself or others.  We affirm the decision of the district court.

Case No. 18-0287:  In the Interest of A.C.W., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-0287

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (8 pages)

            A biological father appeals the juvenile court decision terminating his parental rights in a private termination action.  OPINION HOLDS: We conclude the juvenile court properly determined the father abandoned the child.  The biological father only met the child once and had provided no support other than one Christmas present.  We also conclude termination of the father’s parental rights was in the child’s best interests.  We affirm the decision of the juvenile court.

Case No. 18-0417:  State of Iowa v. Xavier Ashby Logan

Filed Oct 10, 2018

View Opinion No. 18-0417

            Appeal from the Iowa District Court for Polk County, Carol S. Egly, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (4 pages)

            Xavier Ashby Logan appeals his conviction for assault causing bodily injury.  OPINION HOLDS: We find the district court did not abuse its discretion in its pronouncement of judgment and sentence.

Case No. 18-0767:  In the Interest of T.B. and M.M., Minor Children

Filed Oct 10, 2018

View Opinion No. 18-0767

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (10 pages)

            The mother challenges the continued removal of two of her children from her care following the modification of a dispositional order.  The mother maintains the State (1) failed to prove by substantial evidence that imminent risk, which warranted emergency removal of the children from her care, existed and (2) did not prove a material and substantial change in circumstances warranting a change in disposition.  OPINION HOLDS: Insofar as the mother challenges the emergency removal order, the issue is moot, and we do not consider it.  The mother’s challenge to the change in disposition fails, as the State proved a material and substantial change in circumstances.  The mother does not otherwise challenge the modification of the dispositional order, so we affirm.

Case No. 18-0794:  In the Interest of A.B., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-0794

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (6 pages)

            A mother appeals from the termination of her parental rights.  OPINION HOLDS: Because there is clear and convincing evidence supporting termination under Iowa Code section 232.116(1)(h) (2018) and termination is the child’s best interests, we affirm.

Case No. 18-0814:  In the Interest of B.C. and A.C., Minor Children

Filed Oct 10, 2018

View Opinion No. 18-0814

           Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Doyle, J., and Carr, S.J.  Opinion by Carr, S.J. (6 pages)

           A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: As to the mother, we find the statutory grounds for termination are met, the best interests of the children and her parent-child bond do not preclude termination, and she should not receive additional time to pursue reunification.  We also find the father’s parent-child bond does not preclude termination. 

Case No. 18-0866:  In the Interest of J.C., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-0866

            Appeal from the Iowa District Court for Jefferson County, Williams S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (11 pages)

            A mother appeals the termination of her parental rights to her son, arguing the juvenile court lacked subject matter jurisdiction over the proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act.  OPINION HOLDS: Because we find the Interstate Compact on the Placement of Children required the Iowa juvenile court to retain jurisdiction, and Iowa is not an inconvenient forum, we affirm

Case No. 18-1107:  In the Interest of A.R. and M.R., Minor Children

Filed Oct 10, 2018

View Opinion No. 18-1107

            Appeal from the Iowa District Court for Guthrie County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (5 pages)

            A mother appeals the termination of her parental rights to her two minor children.  OPINION HOLDS:  Because there was sufficient evidence to terminate the mother’s parental rights and placement with the mother was not in the best interests of the children, we decline to apply any exception to termination and affirm.

Case No. 18-1114:  In the Interest of E.S., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-1114

            Appeal from the Iowa District Court for Sioux County, Brian L. Michaelson, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (10 pages)

            A father and a mother separately appeal the termination of their parental rights.  OPINION HOLDS: Clear and convincing evidence supports termination of each parent’s parental rights under Iowa Code section 232.116(1)(h) (2018).  We conclude E.S. cannot be returned to the care of the parents safely because they have not engaged in any meaningful services addressing the risks of physical abuse in the home.  We cannot say the need for removal of the child will no longer exist in six months and, thus, we agree with the juvenile court an extension was not warranted.  The child’s best interests lie in termination of parental rights and permanency with the pre-adoptive foster family. 

Case No. 18-1164:  In the Interest of A.K., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-1164

            Appeal from the Iowa District Court for Madison County, Kevin A. Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            The father of a child who was adjudicated in need of assistance appeals an order granting the district court concurrent jurisdiction to proceed with a guardianship action.  OPINION HOLDS: On our de novo review, we are convinced the juvenile court’s grant of concurrent jurisdiction was appropriate.  The concurrent-jurisdiction order is affirmed.

Case No. 18-1326:  In the Interest of R.C., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-1326

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (5 pages)

            A mother appeals the termination of her parental rights to her minor child, born in 2017.  On appeal, the mother argues the State failed to prove the statutory grounds for termination by clear and convincing evidence and termination is not in the best interests of the child because it would be detrimental to the child’s mental and emotional wellbeing.  OPINION HOLDS: Upon our de novo review of the record, we agree with the conclusions of the juvenile court and affirm the termination order.

Case No. 18-1335:  In the Interest of M.A., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-1335

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (8 pages)

            The mother appeals the termination of her parental rights to M.A., born January 2015.  She argues the State failed to prove by clear and convincing evidence that grounds for termination exist under Iowa Code section 232.116(1)(g) or (h) (2017), termination is not in the best interests of the child, and the strong bond between her and her child precludes termination under Iowa Code section 232.116(3).  OPINION HOLDS: We conclude the State proved by clear and convincing evidence the grounds for termination of the mother’s parental rights.  Additionally, we find termination is in the best interests of the child and any bond between the mother and M.A. does not preclude termination.

Case No. 18-1345:  In the Interest of J.W., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-1345

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The parents failed to preserve error on their reasonable-efforts claims.  We find the statutory grounds for termination were established by clear and convincing evidence.  We decline to grant either parent an extension and affirm the termination of the mother’s and father’s parental rights.

Case No. 18-1412:  In the Interest of A.M., A.M., E.M., and I.M., Minor Children

Filed Oct 10, 2018

View Opinion No. 18-1412

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (9 pages)

            The mother and father separately appeal the termination of their parental rights to their minor children: A.M., born 2011; A.M., born 2012; E.M., born 2014; and I.M., born 2016.  The father argues the children were not removed for the statutorily required time.  Both argue additional time should have been afforded and termination was not in the best interests of the children.  OPINIONS HOLDS: We conclude the State proved by clear and convincing evidence the grounds for termination of both the mother’s and father’s parental rights.  Additionally, we find termination is in the best interests of the children and neither any bond between the parents and the children nor the children’s placement with relatives is sufficient to preclude termination.

Case No. 18-1420:  In the Interest of A.Z., Minor Child

Filed Oct 10, 2018

View Opinion No. 18-1420

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

            A mother appeals from the termination of her parental rights to her child.  OPINION HOLDS: The statutory grounds authorizing termination were satisfied, authorizing termination, and termination is in the child’s best interest.  The Iowa Department of Human Services made reasonable efforts toward reunification and an additional six months to work toward reunification is not appropriate because the circumstances requiring removal are likely to remain.

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