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August 2018 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

Case No. 16-1921:  Carlston Frederick Donald v. State of Iowa

Filed Aug 15, 2018

View Opinion No. 16-1921

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

           Carlston Donald appeals the district court’s denial of his application for postconviction relief.  He argues his appellate counsel was ineffective in failing to (1) challenge the weight of the evidence underlying the conviction and (2) file a proof brief or follow the protocol for frivolous appeals contained in Iowa Rule of Appellate Procedure 6.1005 (2009).  OPINION HOLDS: We conclude appellate counsel was not ineffective in declining to challenge the weight of the evidence and Donald did not preserve error on his claim concerning rule 6.1005.  We affirm the denial of his application for postconviction relief. 

Case No. 17-0111:  State of Iowa v. Albert Garcia

Filed Aug 15, 2018

View Opinion No. 17-0111

            Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J.  Special Concurrence by Tabor and Potterfield, JJ.  (13 pages)

            Albert Garcia appeals his convictions for two counts of first-degree murder and two counts of first-degree robbery, contending: (1) a police detective lacked the qualifications to provide expert testimony about cell phone technology; (2) accomplice testimony was not corroborated by sufficient evidence; (3) his trial attorney was ineffective in failing to object to an instruction informing the jury it could consider his out-of-court statements “just as if they had been made at trial”; and (4) his murder convictions and sentences should be vacated under a merger doctrine.  OPINION HOLDS: We affirm Garcia’s judgment and sentences.  SPECIAL CONCURRENCE ASSERTS: I would find counsel failed in an essential duty by not objecting earlier to the officer’s testimony regarding the use of cellular phone tower technology and data.  The State did not establish that the officer had specific knowledge of this technology.  I would also find the district court erred in instructing the jurors they could consider Garcia’s out-of-court statements “just as if they had been made at trial,” consistent with my prior dissenting opinions in State v. Yenger, No. 17-0592, 2018 WL 3060251, at *7 (Iowa Ct. App. June 20, 2018), and State v. Payne, No. 16-1672, 2018 WL 1182624, at *11–12 (Iowa Ct. App. Mar. 7, 2018).  Nonetheless, I join the majority because Garcia cannot show he was prejudiced as a result of these failures. 

Case No. 17-0467:  In the Matter of the Estate of Donald G. Speck, deceased

Filed Aug 15, 2018

View Opinion No. 17-0467

           Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (10 pages)

           The children of Donald Speck appeal a district court order granting a petition to probate a lost will filed by Donald’s ex-son-in-law under which he was a beneficiary and co-executor and the majority of Donald’s children were disinherited.  The children argue the presumption of revocation was not rebutted by clear, satisfactory, and convincing evidence and assert the court erroneously shifted the burden of proof to them.  OPINION HOLDS:  We find substantial evidence supports the district court’s conclusion the presumption of revocation by the testator of his 2012 will was rebutted.  We affirm the decision of the district court.

Case No. 17-0539:  Michael Webster v. State of Iowa

Filed Aug 15, 2018

View Opinion No. 17-0539

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

            Michael Webster appeals the summary dismissal of his application for postconviction relief.  opinion holds: Upon our de novo review, we conclude Webster failed to establish he was similarly situated to persons convicted of second-degree robbery on or after July 1, 2016.  Moreover, Webster did not show a heightened-scrutiny analysis applied to his claim, nor did he establish there was no rational basis for the legislature’s determination not to make the sentencing provision at issue prospective only.  For all these reasons, we affirm the district court’s summary dismissal of Webster’s PCR application.

Case No. 17-0641:  In re the Detention of Cory Blake West

Filed Aug 15, 2018

View Opinion No. 17-0641

           Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Danilson, C.J., Vogel, J., and Scott, S.J.  Opinion by Danilson, C.J. (10 pages)

           Cory West appeals from the jury verdict finding that his mental abnormality has not changed such that he is suitable for discharge from civil commitment as a sexually violent predator (SVP).  OPINION HOLDS: The jury was free to reject West’s expert’s opinion and accept the opinion of the State’s expert.  The record reveals substantial evidence from which the jury could find beyond a reasonable doubt that West remains subject to confinement as a SVP. 

Case No. 17-0695:  State of Iowa v. Isaiah T. Buchanan

Filed Aug 15, 2018

View Opinion No. 17-0695

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J. (26 pages)

            Isaiah Buchanan appeals from his convictions for first-degree robbery, being a felon in possession of a firearm, and carrying weapons.  Buchanan asserts the district court erred in instructing the jury that a claim of right is not a defense to theft because he did not raise the defense.  In the alternative, he maintains that if this court concludes the claim-of-right defense was implicated, his trial counsel was ineffective in failing to assert it affirmatively.  Buchanan also contends the court erred in denying Buchanan’s request to have three jurors removed for cause.  Finally, he claims the district court erred in allowing the State to play the recordings of his jailhouse phone calls.  OPINION HOLDS:  We are not convinced Buchanan has suffered any prejudice as a result of the claim-of-right jury instruction.  He cannot establish his trial attorney breached an essential duty in failing to raise a claim-of-right defense; this ineffective-assistance-of-counsel claim thus fails.  With respect to Buchanan’s juror challenge, Buchanan must show that the result was a juror being seated who was not impartial, which Buchanan has not attempted to do.  Finally, we find no prejudicial error in the admission of the recorded jail phone calls.  We therefore affirm his convictions.

Case No. 17-0805:  In re the Marriage of Balik

Filed Aug 15, 2018

View Opinion No. 17-0805

   

            Appeal from the Iowa District Court for Linn County, Paul D. Miller, Judge.  AFFIRMED AS MODIFIED.  Heard by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Deborah Balik appeals the economic provisions of the decree dissolving her marriage to David Balik.  She contends (1) the district court inequitably divided their assets; (2) she should have been awarded spousal support; and (3) David should have been ordered to pay her trial attorney fees.  She also seeks an award of appellate attorney fees.  OPINION HOLDS: We affirm the dissolution decree in all respects except we modify the property division portion of the decree to award Deborah an additional $59,216, payable within 180 days after procedendo in this appeal issues.  We further modify the spousal support provision to grant Deborah $500 per month in spousal support until she becomes eligible for Medicare benefits.  We order David to pay $3500 towards Deborah’s appellate attorney fee obligation.

Case No. 17-0882:  State of Iowa v. Robert Powell, Jr.

Filed Aug 15, 2018

View Opinion No. 17-0882

           Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter and Michael J. Shubatt, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

           Robert Powell Jr. appeals the judgments and sentences entered following his guilty plea.  OPINION HOLDS: Because Powell failed to perform in accordance with the terms of the plea agreement, there is no merit to his claims of ineffective assistance of counsel based on counsel’s failure to argue that the plea agreement was “null and void” or to object to the prosecutor’s refusal to comply with the sentencing recommendation at the sentencing hearing. 

Case No. 17-0914:  State of Iowa v. Fernando Lopez-Aguilar

Filed Aug 15, 2018

View Opinion No. 17-0914

           Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (21 pages)

            Lopez-Aguilar appeals his convictions arising out of a traffic accident.  On appeal, he (1) argues the district court abused its discretion when denying his motion for mistrial, (2) challenges the sufficiency of the evidence of his reckless conduct, (3) and makes several claims of ineffective assistance.  OPINION HOLDS: The district court did not abuse its discretion in denying the motion for mistrial.  Sufficient evidence supported a finding of recklessness.  All but one of Lopez-Aguilar’s ineffective-assistance claims fails.  On the remaining claim alleging counsel should have objected to allegedly inconsistent verdicts, we preserve the claim so that a complete record may be developed.

Case No. 17-1062:  State of Iowa v. Eric Guadalupe Davila

Filed Aug 15, 2018

View Opinion No. 17-1062

           Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (9 pages)

            Eric Davila appeals his conviction and sentence for second-degree murder.  OPINION HOLDS: The district court did not abuse its discretion in denying a motion for mistrial based on a violation of a motion in limine because there was no violation.  Davila’s trial counsel was not ineffective for failing to object to a jury instruction because it accurately stated the law.  The district court considered his ability to pay before ordering restitution.

Case No. 17-1128:  State of Iowa v. Jill Tjernagel

Filed Aug 15, 2018

View Opinion No. 17-1128

           Appeal from the Iowa District Court for Hamilton County, James A. McGlynn, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Mullins, J., and Mahan, S.J.  Opinion by Mullins, J.  (5 pages)

           Jill Tjernagel appeals the district court’s denial of her motion to dismiss a criminal prosecution following a reversal of her conviction and remand for a new trial, contending the district court had authority and jurisdiction to consider the motion to dismiss and the court therefore erred in declining to entertain the merits of the motion.  The State agrees the court erred in declining to entertain the merits of the motion but argues the error was harmless because Tjernagel’s motion would have failed on the merits.  The State requests that we consider the merits of the dismissal motion for the first time on appeal, affirm the denial of the motion, and remand the case for a new trial.  OPINION HOLDS: We decline to consider the merits of the motion to dismiss for the first time on appeal.  We therefore reverse the district court’s denial of Tjernagel’s motion to dismiss and remand the matter to the district court for consideration of the motion on the merits.  We decline Tjernagel’s request that we instruct the district court to allow a subpoena on the prosecutors from her first trial for the purpose of developing a factual record. 

Case No. 17-1253:  Andreas Benford v. State of Iowa

Filed Aug 15, 2018

View Opinion No. 17-1253

           Appeal from the Iowa District Court for Jasper County, Bradley McCall, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (4 pages)

           Andreas Benford appeals the denial of his application for postconviction relief.  He argues the district court erred in finding he must pursue his claims through administrative action and he failed to exhaust his administrative remedies.  OPINION HOLDS: The Iowa Board of Parole has discretion to address Benford’s claims, but he did not appeal to the Board.  Therefore, the district court did not err in denying his application because he failed to exhaust his administrative remedies. 

Case No. 17-1277:  Shawn Deshay Hoosman v. State of Iowa

Filed Aug 15, 2018

View Opinion No. 17-1277

           Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Potterfield, P.J., McDonald, J., and Blane, S.J.  Opinion by Blane, S.J. (7 pages)

           Shawn Hoosman appeals from the denial of his application for postconviction relief (PCR).  He maintains his PCR counsel committed structural error and asks that we remand for a new trial of his PCR application.  OPINION HOLDS: As trial counsel’s testimony could have no effect on most, if not all, of Hoosman’s PCR claims, we cannot conclude the failure to call trial counsel amounted to a structural error.  We affirm.

Case No. 17-1306:  In re the Detention of Dempsey

Filed Aug 15, 2018

View Opinion No. 17-1306

           Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J. (5 pages)

           Eric Dempsey appeals from the jury verdict finding him to be a sexually violent predator subject to civil commitment under Iowa Code chapter 229A (2015).  Dempsey challenges the sufficiency of the evidence showing that he is a sexually violent predator.  OPINION HOLDS: We conclude there is sufficient evidence and affirm.

Case No. 17-1372:  State of Iowa v. Paul Joseph Hopkins

Filed Aug 15, 2018

View Opinion No. 17-1372

            Appeal from the Iowa District Court for Monroe County, Lucy J. Gamon, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

            Paul Hopkins appeals his conviction for extortion, challenging (1) his trial attorney’s failure to request a jury instruction defining the “threat” required for extortion and (2) the district court’s colloquy to establish whether his post-trial waiver of his right to counsel was knowing, voluntary, and intelligent.  OPINION HOLDS: We affirm the jury’s finding of guilt.  We affirm the jury’s finding of guilt, which was obtained with counsel.  We reverse the uncounseled post-trial proceedings and remand for post-trial proceedings with the benefit of counsel or a knowing, intelligent and voluntary waiver of counsel. 

Case No. 17-1422:  Woodruff Construction, LLC v. K.W. "Casey" Clark

Filed Aug 15, 2018

View Opinion No. 17-1422

            Appeal from the Iowa District Court for Chickasaw County, James C. Bauch, Judge.  REVERSED AND REMANDED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (19 pages)

            Woodruff Construction, LLC, appeals the district court’s decision not to pierce the corporate veil of Clark Farms, Ltd. and enforce a judgment debt against K.W. Clark.  OPINION HOLDS: We find insufficient evidence of undercapitalization, but the corporation’s finances were commingled, it did not have separate books, and it did not observe the corporate formalities.  We determine the corporate veil should be pierced.

Case No. 17-1487:  J.R., a minor by her next friend, TaNeale Towner v. Michael G. Rush and Ann M. Rush

Filed Aug 15, 2018

View Opinion No. 17-1487

           Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (8 pages)

           J.R. appeals from the order denying her motion for summary judgment on her conversion claim and granting dismissal in favor of defendants.  OPINION HOLDS: Neither party has established entitlement to dismissal or summary judgment on the conversion claim.  Reading the petition in the light most favorable to J.R., we cannot conclude her claim could not be sustained under any state of facts provable under the petition.  Dismissal was not appropriate.  On the other hand, the facts presented establish, at least minimally, the existence of a disputed material fact regarding the conversion claim.  Summary judgment was not appropriate.  We reverse the district court order granting defendants’ motion to dismiss, affirm the denial of J.R.’s motion for summary judgment, and remand for further proceedings. 

Case No. 17-1531:  Chad Stechcon v. State of Iowa

Filed Aug 15, 2018

View Opinion No. 17-1531

            Appeal from the Iowa District Court for Benton County, Chad A. Kepros and Christopher L. Bruns, Judges.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J. (6 pages)

            Chad Stechcon appeals the district court’s summary dismissal of his application for postconviction relief as time-barred, seeking to circumvent the time bar by arguing his “court-appointed postconviction relief counsel was ineffective in failing to file his application for postconviction relief in a timely fashion.”  OPINION HOLDS: We conclude postconviction counsel breached an essential duty and the failure amounted to structural error.  We reverse and remand for adjudication of the merits of Stechon’s untimely filed postconviction-relief application. 

Case No. 17-1537:  Antonio Smith v. All Stor Fort Knox, LLC

Filed Aug 15, 2018

View Opinion No. 17-1537

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            Antonio Smith appeals from the district court’s order granting summary judgment and dismissing his negligence and spoliation claims.  OPINION HOLDS:  We find the contractual limitation of liability provision is clear, unambiguous, unequivocal, and enforceable.  The district court correctly dismissed the claims. 

Case No. 17-1642:  James Lee Leiran v. Jeaneen Lynne Kleppe

Filed Aug 15, 2018

View Opinion No. 17-1642

           Appeal from the Iowa District Court for Allamakee County, Margaret L. Lingreen, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (10 pages)

           James Leiran appeals the district court’s denial of his petition to modify the physical-care determination regarding the three children he shares with Jeaneen Kleppe.  The district court found James established a material and substantial change in circumstances since the entry of the original decree but determined he had failed to establish that he could provide the children with care superior to that provided by Jeaneen.  OPINION HOLDS: We understand James’s concern regarding Jeaneen’s fiancé, but under these circumstances, we cannot say James established that he can provide the children superior care.  We affirm the district court’s denial of James’s petition to modify the physical-care arrangement.

Case No. 17-1674:  Jim Jamison d/b/a J&S AG Services v. Darrell J. Coddington and Wendy Coddington

Filed Aug 15, 2018

View Opinion No. 17-1674

           Appeal from the Iowa District Court for Wayne County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Vogel, P.J., Doyle, J., and Blane, S.J.  Opinion by Blane, S.J. (10 pages)

           Plaintiff Jim Jamison d/b/a J & S Ag Services appeals from the district court’s grant of defendants Darrell and Wendy Coddington’s motion for summary judgment.  OPINION HOLDS: After our review of the record in this case, we find the district court properly found no dispute of material fact, correctly applied the law, and did not err in granting the Coddingtons’ motion for summary judgment.

Case No. 17-1757:  State of Iowa v. Derek Christopher Mills

Filed Aug 15, 2018

View Opinion No. 17-1757

           Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J. (13 pages)

Derek Mills appeals his conviction for criminal mischief in the fourth degree.  He argues the district court erred in allowing five prosecution exhibits into evidence over his authentication and hearsay objections.  Alternatively, he argues he received ineffective assistance of counsel when his attorney failed to object to other evidence the State offered.  OPINION HOLDS: Because three of the challenged exhibits were improperly admitted, and their admission was not harmless, we reverse the conviction and remand for a new trial.  We do not reach Mills’s claims concerning effectiveness of trial counsel.

Case No. 17-1791:  State of Iowa v. Kham Khiene Khoang

Filed Aug 15, 2018

View Opinion No. 17-1791

           Appeal from the Iowa District Court for Polk County, Karen A. Romano and David N. May, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (7 pages)

           Kham Khoang appeals the denial of his motion to suppress and subsequent conviction, claiming the interrogation violated his due process rights.  OPINION HOLDS:  We find the motion to suppress was properly denied and there is no constitutional right to a recorded interrogation.

Case No. 17-1794:  State of Iowa v. Jerald David Frost

Filed Aug 15, 2018

View Opinion No. 17-1794

           Appeal from the Iowa District Court for Linn County, Russell G. Keast, Nicholas L. Scott, and Casey D. Jones, District Associate Judges.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  Partial Dissent by Vogel, J.  (12 pages)

           Jerald Frost appeals the district court’s denial of a motion to suppress evidence prior to a guilty verdict for possession of methamphetamine.  He argues police violated his constitutional protection against unreasonable search and seizure when they removed and opened several closed containers discovered in his pocket during a patdown search.  OPINION HOLDS: The record shows police did not seize Frost and Frost voluntarily consented to a patdown search.  During the patdown search, police exceeded the scope of Frost’s consent by searching inside his pocket, removing the containers, and opening them.  Because the search of the pocket and containers was impermissible, the resulting evidence should have been suppressed.  We reverse the district court’s judgment of conviction and remand for a new trial in which the impermissible evidence is excluded.  PARTIAL DISSENT ASSERTS: I believe the record reveals that Frost consented to the search of his person.

Case No. 17-1840:  In re the Marriage of Lesline

Filed Aug 15, 2018

View Opinion No. 17-1840

           Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (10 pages)

           Jimmy Lesline appeals the custody, child-support, and division-of-assets determinations of a decree of dissolution.  OPINION HOLDS: We affirm the physical care, child support, and economic provisions of the dissolution decree.  We deny the requests for appellate attorney fees.

Case No. 17-1861:  State of Iowa v. Cody Aldean Logan

Filed Aug 15, 2018

View Opinion No. 17-1861

           Appeal from the Iowa District Court for Sioux County, Robert J. Dull, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (5 pages)

            Cody Logan appeals his conviction for possession of marijuana, second offense.  He argues a search warrant was not supported by probable cause.  OPINION HOLDS: Viewing the totality of the circumstances, we conclude the warrant was supported by probable cause.

Case No. 17-1862:  In the Interest of L.T., K.T., E.T., T.T., and J.T., Minor Children

Filed Aug 15, 2018

View Opinion No. 17-1862

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

            A father appeals the private termination of his parental rights in his five children.  OPINION HOLDS: Termination of the father’s rights is appropriate because he sexually abused three of the children, has had no contact with the children for several years, and is serving a life sentence.

Case No. 17-1921:  State of Iowa v. Patrick Earl Sumerall

Filed Aug 15, 2018

View Opinion No. 17-1921

           Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (6 pages)

           Patrick Sumerall appeals the sentences imposed upon his guilty pleas to conspiracy to commit a forcible felony and carrying weapons, contending the district court considered impermissible sentencing factors.  OPINION HOLDS:  The sentences imposed by the district court were based on valid and permissible considerations.  We affirm.

Case No. 17-1946:  In re the Marriage of McConnelee

Filed Aug 15, 2018

View Opinion No. 17-1946

           Appeal from the Iowa District Court for Buchanan County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J. (8 pages)

           Brian McConnelee appeals from an order modifying the visitation and tax-dependency provisions of the decree dissolving his marriage to Malinda McConnelee.  OPINION HOLDS: Brian’s unresolved substance-abuse issues, denial that his drug use was a problem, unresolved criminal proceedings, and extended unemployment constitute a change of circumstances warranting modification of the visitation schedule.  For the same reasons, a substantial change of circumstances has been proved to modify the tax-exemption provisions.  The use of the tax exemption is of little to no benefit to Brian as long as he is unemployed.  Finding no failure to do equity, we affirm.

Case No. 17-1972:  In re the Marriage of Tarrence

Filed Aug 15, 2018

View Opinion No. 17-1972

           Appeal from the Iowa District Court for Washington County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (4 pages)

           Joseph Tarrence appeals from the decree dissolving his marriage to Shelby Tarrence.  He asks us to award physical care of their children to him or award joint physical care and to make a corresponding change in his child support obligation.  Both parties request appellate attorney fees.  OPINION HOLDS: We find the district court’s factual determinations are supported by the record and affirm the physical care award and child support calculation.  We also find Shelby is entitled to partial appellate attorney fees.

Case No. 17-2107:  State of Iowa v. Daman Julian

Filed Aug 15, 2018

View Opinion No. 17-2107

           Appeal from the Iowa District Court for Clinton County, Nancy S. Tabor and Mark R. Lawson, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Tabor, J., takes no part.  Opinion by Bower, J.  (6 pages)

           Daman Julian appeals his convictions for sponsoring a gathering where a controlled substance was used and two counts of possession of methamphetamine.  OPINION HOLDS:  We find the court did not abuse its discretion in sentencing Julian because its decision was supported by the evidence.  We affirm Julian’s convictions.

Case No. 18-0011:  In re the Marriage of Rodasky

Filed Aug 15, 2018

View Opinion No. 18-0011

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (3 pages)

            Daniel Rodasky appeals from the district court’s order modifying his and Marsha Rodasky’s dissolution decree.  OPINION HOLDS: Because the district court properly declined to retroactively decrease Daniel’s child support order and equitably alternated the dependency deduction, we affirm.

Case No. 18-0031:  State of Iowa v. Brandon Howard Cornelison

Filed Aug 15, 2018

View Opinion No. 18-0031

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Brandon Cornelison appeals his sentence following his guilty plea to second-degree theft, claiming the district court applied a fixed policy against imposition of deferred judgments.  OPINION HOLDS: The court exercised its discretion, and we discern no abuse of discretion in the court’s sentencing decision.

Case No. 18-0263:  State of Iowa v. Michael Alexander LaJeunesse

Filed Aug 15, 2018

View Opinion No. 18-0263

            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 McDonald, J.  (3 pages)

            Michael LaJeunesse challenges his restitution plan of payment.  He contends the district court erred in failing to make a finding that LaJeunesse had the reasonable ability to pay restitution.  OPINION HOLDS: The district court found LaJenunesse had the reasonable ability to pay the payment plan installments.

Case No. 18-0384:  In the Interest of J.C.W., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-0384

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

            A mother appeals the termination of her parental rights under Iowa Code chapter 600A (2017).  OPINION HOLDS: Because the mother abandoned the child by failing to maintain substantial and continuous or repeated contact with the child as defined in section 600A.8(3)(b), we affirm the termination of the mother’s parental rights.

Case No. 18-0415:  In the Interest of I.M., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-0415

           Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J. (11 pages)

           The mother appeals the termination of her parental rights to her child, I.M., who was born in 2007.  The mother maintains there is not clear and convincing evidence to support the termination of her rights pursuant to Iowa Code section 232.116(1)(f) (2017) as I.M. could be returned to her care at the time of the termination hearing.  She also contends termination is not in I.M.’s best interests.  OPINION HOLDS: Because I.M. could not be returned to his mother’s care at the time of the termination hearing, termination is in his best interests, and no permissive factor weighs against it, we affirm the termination of the mother’s parental rights to I.M. 

Case No. 18-0432:  In the Interest of S.P., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-0432

            Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED IN PART AND VACATED IN PART.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            The maternal grandmother and guardian of a child, C.P., appeals the termination of the mother’s parental rights and the termination of her guardianship.  OPINION HOLDS: We do not address C.P.’s claims regarding the permanency order.  We affirm the juvenile court’s order terminating the rights of the parents.  We vacate the portion of the termination order addressing C.P.’s guardianship because the juvenile court did not have subject matter jurisdiction to address the issue.

Case No. 18-0494:  In the Interest of H.P., M.P., and M.P., Minor Children

Filed Aug 15, 2018

View Opinion No. 18-0494

            Appeal from the Iowa District Court for Buena Vista County, Mary L. McCollum Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence establishes the grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(b) (2017) due to her abandonment of the children.  Termination is in the children’s best interests, and we decline the mother’s request for additional time. 

Case No. 18-0534:  In the Interest of M.Q. and C.Q., Minor Children

Filed Aug 15, 2018

View Opinion No. 18-0534

           Appeal from the Iowa District Court for Buena Vista County, Mary L. McCollum Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (7 pages)

            A father appeals from termination of his parental rights to two children.  OPINION HOLDS: On our de novo review of the record, we reach the same conclusion as the juvenile court which said the father’s actions “are the epitome of the word abandonment.”  We further conclude it is in the children’s best interests to terminate the father’s parental rights. 

Case No. 18-0650:  In the Interest of M.G., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-0650

           Appeal from the Iowa District Court for Pottawattamie County, Gary K. Anderson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (8 pages)

            A mother and father appeal the termination of their parental rights in their child.  OPINION HOLDS: Termination was appropriate under Iowa Code section 232.116(1)(i) (2017) due to life-threatening physical abuse by the father.  Given the father’s refusal to admit to the abuse and the mother’s commitment to remain involved with the father, additional reunification services would not eliminate the need for removal.  Additionally, no permissive factors weigh against termination.

Case No. 18-0727:  In the Interest of S.L. and K.C., Minor Children

Filed Aug 15, 2018

View Opinion No. 18-0727

           Appeal from the Iowa District Court for Pottawattamie County, Gary K. Anderson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (4 pages)

           A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the juvenile court order terminating both parents’ parental rights to the children in interest.   

Case No. 18-0775:  In the Interest of M.G., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-0775

           Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., McDonald, J., and Scott, S.J.  Tabor, J., takes no part.  Opinion by Scott, S.J. (7 pages)

           A mother and father each appeal the juvenile court’s decision terminating their parental rights.  OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the parental rights of the mother and father.  The court properly denied the mother’s request for additional time to work toward reunification.  The State engaged in reasonable efforts to reunite the father and the child.  On our de novo review, we give weight to the juvenile court’s credibility determinations.  The court properly determined termination of the parents’ rights was in the child’s best interests.  We affirm the decision of the juvenile court.

Case No. 18-0786:  In the Interest of A.S., K.S., K.S., and K.S., Minor Children

Filed Aug 15, 2018

View Opinion No. 18-0786

           Appeal from the Iowa District Court for Page County, Amy L. Zacharias, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (6 pages)

           Two fathers appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of each father’s parental rights and termination is in the best interests of the children.  We affirm the juvenile court’s decision terminating the fathers’ parental rights.

Case No. 18-0835:  In the Interest of H.B. and L.G., Minor Children

Filed Aug 15, 2018

View Opinion No. 18-0835

           Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

           A mother appeals the termination of her parental rights to her children, born in 2012 and 2014.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to these children.

Case No. 18-0840:  In the Interest of B.D. and N.D., Minor Children

Filed Aug 15, 2018

View Opinion No. 18-0840

           Appeal from the Iowa District Court for Jones County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mulilns,  J. (13 pages)

           A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the statutory grounds for termination under Iowa Code section 232.116(1)(f) (2018) were established by clear and convincing evidence, termination is in the best interests of the children, and an extension of time is unwarranted.  We affirm the juvenile court’s order terminating the mother’s parental rights.

Case No. 18-0912:  In the Interest of L.M., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-0912

           Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J. (4 pages)

           The juvenile court terminated the mother’s and father’s parental rights to their child, L.M., pursuant to Iowa Code section 232.116(1)(d) and (h) (2017).  The mother only nominally appeals the termination, while the father challenges the sufficiency of the evidence supporting one of the grounds for termination, whether termination was in the child’s best interests, and the juvenile court’s determination no permissive factor should be applied to save the parent-child relationship.  OPINION HOLDS:  We affirm the termination of the mother’s and the father’s parental rights to L.M.

Case No. 18-0919:  In the Interest of N.H., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-0919

           Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Mahan, S.J.  Opinion by Mahan, S.J. (6 pages)

           Maternal grandmother-intervenor appeals from the juvenile court’s order denying her motion to modify placement.  OPINION HOLDS: Upon our review, we affirm.

Case No. 18-0933:  In the Interest of M.R., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-0933

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

           The minor child appeals from a provision of the dispositional order in this child-in-need-of-assistance proceeding.  He challenges the requirement that he “participate in and complete a second psychosexual evaluation.”  OPINION HOLDS: The order of a second evaluation is not clearly unreasonable or for untenable reasons.  Finding no abuse of discretion, we affirm.

Case No. 18-1055:  In the Interest of A.F., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-1055

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            The mother and father separately appeal the termination of their parental rights to their child, A.F., who was born in October 2011.  Each parent challenges the determination that termination is in A.F.’s best interests and claims the court should have found that a permissive factor precludes termination and should have saved the parent-child relationships by placing A.F. in a guardianship with her paternal grandmother rather than terminating the parental rights.  OPINION HOLDS: The paternal grandmother’s willingness to enter into a guardianship does not make the arrangement the best choice for A.F., who has struggled for want of stability.  As each parent may spend the rest of A.F.’s childhood in prison, termination of their parental rights is in A.F.’s best interests and no permissive factor outweighs termination.  We affirm on both appeals.

Case No. 18-1062:  In the Interest of J.H., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-1062

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

            The mother appeals the district court’s termination of her parental rights to her son, J.H.  She argues the statutory grounds for termination were not met, termination was not in J.H.’s best interests, and she should have additional time for reunification.  OPINION HOLDS: Due to the mother’s untreated mental-health and substance-abuse problems, we affirm the termination.

Case No. 18-1079:  In the Interest of X.M., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-1079

            Appeal from the Iowa District Court for Appanoose County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (9 pages)

            The mother appeals the district court’s termination of her parental rights to her son, X.M.  She argues the State did not prove X.M. could not be safely returned to her custody, the State did not make reasonable efforts to return X.M. to her custody, and termination is not in X.M.’s best interest.  OPINION HOLDS: The district court properly terminated the mother’s parental rights under paragraph (f) because she is unable to provide the supervision he needs.  Termination is in X.M.’s best interests, and no factors preclude termination.

Case No. 18-1081:  In the Interest of D.C., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-1081

           Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, born in 2010.  She contends the State failed to prove the grounds for termination cited by the district court and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to her child.

Case No. 18-1115:  In the Interest of D.P., Minor Child

Filed Aug 15, 2018

View Opinion No. 18-1115

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            A father appeals the termination of his parental rights to his child, contending (1) the State failed to prove the ground for termination cited by the district court and (2) termination should have been deferred for six months.  OPINION HOLDS: We affirm the termination of the father’s parental rights to his child.

Case No. 16-1328:  Duane Yates v. State of Iowa

Filed Aug 01, 2018

View Opinion No. 16-1328

Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (4 pages)

Duane Yates appeals the district court order dismissing his motion to reopen a postconviction-relief (PCR) action that was dismissed ten years earlier due to his counsel’s failure to prosecute the matter.  OPINION HOLDS: Following the dismissal of his first PCR action, Yates had the opportunity to have his claims heard and decided on the merits.  He cannot relitigate those claims.  Accordingly, we affirm the denial of Yates’s motion to reopen the first PCR proceeding.

Case No. 17-0312:  Cynthia Pesce v. City of Des Moines and The Animal Rescue League of Iowa, Inc.

Filed Aug 01, 2018

View Opinion No. 17-0312

           Appeal from the Iowa District Court for Polk County, Bradley McCall, Judge.  AFFIRMED ON APPEAL.  WRIT ANNULLED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  McDonald, J., takes no part.  Per Curiam.  (13 pages)

           Cynthia Pesce appeals the district court’s actions in reassigning her seized-property claim to a civil matter, dismissing her second seized-property claim, and holding a hearing after she filed a motion to dismiss and notices of appeal.  Her attorney, Jaysen McCleary, petitions for writ of certiorari regarding the district court’s imposition of sanctions for his actions in the proceeding.  OPINION HOLDS: The district court did not err or abuse its discretion in managing Pesce’s seized-property claims or in holding the hearing.  Additionally, the district court did not abuse its discretion in imposing sanctions

Case No. 17-0382:  Michael Kelly v. State of Iowa

Filed Aug 01, 2018

View Opinion No. 17-0382

Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., McDonald, J., and Blane, S.J.  Opinion by Potterfield, P.J. (10 pages)

           Michael Kelly appeals the dismissal of his third application for postconviction relief (PCR).  OPINION HOLDS: Kelly’s claim that he received an illegal sentence is a claim that can be brought at any time; thus, we reverse the PCR court’s dismissal of that claim and remand to the PCR court.  As for the rest of his third PCR application, Kelly has not established that any exception to the three-year statute of limitations applies, and we agree with the PCR court that it is time-barred and must be dismissed. 

Case No. 17-0668:  State of Iowa v. Jeffrey Ure Murdock

Filed Aug 01, 2018

View Opinion No. 17-0668

           Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (5 pages)

           Jeffrey Murdock appeals his conviction following his guilty plea for failure to comply with sex offender registry requirements, second or subsequent offense, in violation of Iowa Code sections 692A.104 and 692A.111 (2016).  He contends his trial counsel was ineffective in allowing him to plead guilty when there was no factual basis for the plea.  The State asserts the record establishes a factual basis.  OPINION HOLDS: Because we agree the record contains a factual basis for Murdock’s guilty plea, we affirm.

Case No. 17-0744:  State of Iowa v. Darrell Lee McBride

Filed Aug 01, 2018

View Opinion No. 17-0744

Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Bower, J., and Mahan, S.J.  Opinion by Potterfield, P.J. (19 pages)

           Darrell McBride appeals from his convictions for two counts of sexual abuse in the third degree, in violation of Iowa Code section 709.4(1)(b)(2) (2016).  McBride maintains there is insufficient evidence to support either conviction.  He also challenges two of the district court’s evidentiary rulings and maintains he should have been granted a new trial due to juror bias.  OPINION HOLDS: Because substantial evidence supports both of McBride’s convictions, he has not established that the district court wrongly decided his evidentiary objections, and the district court did not abuse its discretion in denying his motion for new trial on the basis of juror bias, we affirm. 

Case No. 17-0812:  State of Iowa v. Desmond D. Reeves

Filed Aug 01, 2018

View Opinion No. 17-0812

            Appeal from the Iowa District Court for Jackson County, Thomas G. Reidel and Nancy S. Tabor, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  Tabor, J., takes no part.  (10 pages)

            Desmond Reeves appeals his convictions for robbery in the first degree and assault with intent to inflict serious injury.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict, including evidence of Reeves’s intent to commit theft as an element of the offense of robbery.  We conclude the district court did not abuse its discretion in concluding character evidence concerning a witness was not admissible because it was not relevant.  We find Reeves’s pro claims were not preserved or not supported by argument in his brief.  We affirm Reeves’s convictions.

 

Case No. 17-0898:  State of Iowa v. Ryan Lee Stockbauer

Filed Aug 01, 2018

View Opinion No. 17-0898

           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 Tabor, J.  (5 pages)

      Ryan Stockbauer appeals his convictions for operating while intoxicated and possession of methamphetamine.  Stockbauer argues his trial counsel was ineffective in failing to object to alleged prosecutorial error or misconduct during voir dire, opening statement, presentation of evidence, and closing argument.  OPINION HOLDS: Because the record is inadequate to assess the merits of the ineffective-assistance claims, we uphold the conviction but preserve the ineffective-assistance claims for possible postconviction-relief proceedings.

Case No. 17-0913:  State of Iowa v. Mejdil Ahmetovic

Filed Aug 01, 2018

View Opinion No. 17-0913

      Appeal from the Iowa District Court for Polk County, David N. May, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (11 pages)

            Mejdil Ahmetovic appeals his convictions of possession of a controlled substance with intent to deliver and failure to affix a drug-tax stamp.  He asserts the district court erred in denying his motion to suppress evidence, contending the warrantless traffic stop and subsequent searches of his pocket and an automobile in which he was a passenger violated his constitutional rights against unreasonable searches and seizures under the Fourth Amendment to the United States Constitution and article I, section 8 of the Iowa Constitution.  OPINION HOLDS: We affirm in all respects the district court’s denial of Ahmetovic’s motion to suppress.

Case No. 17-1034:  State of Iowa v. Elijah Javon Wilson

Filed Aug 01, 2018

View Opinion No. 17-1034

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            Elijah Wilson appeals his conviction for first-degree robbery, in violation of Iowa Code section 711.2 (2016).  OPINION HOLDS:  Wilson claims the district court abused its discretion by sentencing him to prison instead of placing him on probation.  Wilson also claims he received ineffective assistance because defense counsel permitted him to plead guilty, thereby waiving his claim the matter should be transferred to juvenile court.  We affirm the district court, but determine Wilson’s claim of ineffective assistance should be preserved for possible postconviction proceedings.

Case No. 17-1043:  State of Iowa v. Abel Quijas, Jr.

Filed Aug 01, 2018

View Opinion No. 17-1043

           Appeal from the Iowa District Court for Fayette County, David P. Odekirk and Richard D. Stochl, Judges.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (7 pages)

           Abel Quijas, Jr. appeals the district court’s dismissal of his petition to modify restitution.  On appeal, Quijas argues (1) he is entitled to assistance of counsel to challenge the restitution order, (2) the imposition of room-and-board restitution without a hearing creates an illegal sentence—entitling him to assistance of counsel, and (3) he is entitled to a hearing to determine if he has the reasonable ability to pay the ordered restitution.  OPINION HOLDS: Because Quijas filed his petition more than thirty days after judgment entry his claim is civil in nature, and he is not entitled to assistance of counsel.  The imposition of room-and-board restitution without a hearing does not amount to an illegal sentence.  Because on its face, Quijas’s petition is not frivolous, the district court abused its discretion in denying the petition without a hearing.

Case No. 17-1060:  LM Construction LLC v. Altoona Hospitality LLC

Filed Aug 01, 2018

View Opinion No. 17-1060

            Appeal from the Iowa District Court for Polk County, Mary Pat Gunderson, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A contractor appeals from the district court decision to strike an amended resistance to summary judgment and grant of summary judgment on a petition to foreclose a mechanic’s lien.  OPINION HOLDS:  We conclude the amended resistance was untimely and LM Construction did not follow statutory requirements for a mechanic’s lien.  We affirm the district court.

Case No. 17-1095:  State of Iowa v. Steven Chaney

Filed Aug 01, 2018

View Opinion No. 17-1095

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  AFFIRMED.  Opinion by Mullins, J.  (7 pages)

            Steven Chaney appeals his convictions, following a jury trial, of assault on a peace officer and interference with official acts, contending the district court abused its discretion in denying his motion in limine requesting exclusion of a portion of a video displaying the circumstances of his arrest.  Chaney specifically argues the evidence’s probative value was substantially outweighed by the danger of unfair prejudice.  OPINION HOLDS: We conclude the danger of unfair prejudice, if any, did not substantially outweigh the challenged evidence’s probative value.  In the alternative, we conclude any possible prejudice flowing from the challenged evidence was harmless, as the jury’s mixed verdict reveals it was not unduly inflamed and the convictions were supported by overwhelming evidence of guilt.  We affirm Chaney’s convictions.

Case No. 17-1147:  State of Iowa v. Rodney L. Hanneman

Filed Aug 01, 2018

View Opinion No. 17-1147

           Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J. (9 pages)

           Rodney Hanneman appeals from his conviction for theft in the second degree, claiming there is insufficient evidence to support the verdict.  OPINION HOLDS: We find Hanneman’s claim of insufficient evidence was properly preserved and substantial evidence supports the jury’s determination Hanneman took property owned by another with the intent to permanently deprive. 

Case No. 17-1179:  State of Iowa v. Marco Imanuel Martinez

Filed Aug 01, 2018

View Opinion No. 17-1179

           Appeal from the Iowa District Court for Muscatine County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vogel, P.J., Tabor, J., and Carr, S.J.  Opinion by Vogel, P.J. (7 pages)

           Marco Martinez appeals his conviction for criminal mischief in the second degree.  He argues the evidence is insufficient to support his conviction, and the district court abused its discretion when it admitted a photograph as evidence.  OPINION HOLDS: Substantial evidence supports Martinez’s conviction, and the district court did not abuse its discretion in finding a proper foundation to admit the photograph. 

Case No. 17-1187:  State of Iowa v. Daniel Haywood

Filed Aug 01, 2018

View Opinion No. 17-1187

           Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Danilson, C.J., McDonald, J., and Mahan, S.J.  Opinion by Danilson, C.J.  Special concurrence by McDonald, J. (6 pages)

           Daniel Haywood entered a guilty plea to three of five counts of forgery and the remaining two counts were dismissed.  He challenges as illegal the sentence imposing court costs related to the dismissed charges.  OPINION HOLDS: The plea agreement specifically provided for Haywood to pay restitution for the dismissed counts and restitution includes payment of court costs.  Finding no legal error, we affirm.  SPECIAL CONCURRENCE ASSERTS: I concur in the conclusion the defendant failed to prove he was assessed any costs not attributable to his convictions.

Case No. 17-1210:  State of Iowa v. Matthew A. McCanna

Filed Aug 01, 2018

View Opinion No. 17-1210

Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J. (5 pages)

            Matthew McCanna appeals his judgment and sentence following his guilty plea to absence from custody.  OPINION HOLDS: We affirm McCanna’s judgment and sentence for absence from custody.

Case No. 17-1236:  State of Iowa v. Nora Pettyjohn

Filed Aug 01, 2018

View Opinion No. 17-1236

           Appeal from the Iowa District Court for Marion County, James D. Birkenholz, District Associate Judge, Terry L. Wilson, Judge, and Steven W. Guiter, District Associate Judge.  CONVICTIONS AFFIRMED.  SENTENCES VACATED.  REMANDED FOR RESENTENCING.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J. (12 pages)

           Nora Pettyjohn appeals her convictions for operating while intoxicated and possession of methamphetamine, second offense.  She argues the court erred in denying her motion to suppress, imposing an illegal sentence, and imposing consecutive sentences without stating the reasons for doing so.  She also argues generally the evidence is insufficient to support her convictions and her counsel was ineffective for failing to file a motion to amend or enlarge the court’s findings.  OPINION HOLDS: We find the court correctly denied her motion to suppress and her sentence was not illegal but rather a procedural sentencing issue not preserved on appeal.  We further find sufficient evidence supports her convictions, and her counsel was not ineffective for failing to request the trial court to amend or enlarge its findings.  However, the court erred in failing to state its reasoning for consecutive sentences. 

Case No. 17-1255:  LM Construction LLC v. HGIK Hospitality LLC

Filed Aug 01, 2018

View Opinion No. 17-1255

            Appeal from the Iowa District Court for Story County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            A contractor appeals from the district court’s grant of summary judgment on a petition to foreclose a mechanic’s lien.  OPINION HOLDS:  We find LM Construction did not preserve error on the question of a contract with the general contractor and did not follow statutory requirements for a mechanic’s lien as a sub-subcontractor.  We affirm the district court.

Case No. 17-1275:  Susan Sheeler v. Nevada Community School District, Dr. Steve Gray, Justin Gross, and Brian Schaeffer

Filed Aug 01, 2018

View Opinion No. 17-1275

              Appeal from the Iowa District Court for Story County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (11 pages)

            Susan Sheeler appeals the district court’s grant of a directed verdict in favor of defendants on her constitutional claims.  OPINION HOLDS:  We find Sheeler was not deprived of her right to due process in her termination hearing and did not have her right against self-incrimination infringed upon, affirming the district court. 

Case No. 17-1290:  State of Iowa v. Leon Chevelle Anderson

Filed Aug 01, 2018

View Opinion No. 17-1290

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

           Leon Anderson appeals from his conviction of second-degree burglary, claiming there is insufficient evidence to show he entered an occupied structure without right, license, or privilege to enter.  OPINION HOLDS: Substantial evidence supports the victims were occupants of the apartment and had revoked Anderson’s access to the apartment at the time of his entry.  Therefore, Anderson entered the apartment with no right, license, or privilege to enter, and his conviction for burglary in the second degree is affirmed.

Case No. 17-1318:  State of Iowa v. Eduardo Cano

Filed Aug 01, 2018

View Opinion No. 17-1318

           Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple and Bradley J. Harris, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

           Eduardo Cano appeals after pleading guilty to assault with intent to commit serious injury, asserting a claim of ineffective assistance for counsel’s failure to advise him of certain immigration consequences of his plea.  OPINION HOLDS: Because we find the record on direct appeal inadequate to resolve Cano’s ineffective-assistance-of-counsel claim, we affirm his conviction, judgment, and sentence, and we preserve his claim for possible postconviction-relief proceedings to allow the record to be developed.

Case No. 17-1359:  State of Iowa v. Oscar Marco Gipson

Filed Aug 01, 2018

View Opinion No. 17-1359

Appeal from the Iowa District Court for Polk County, Robert J. Blink and Scott D. Rosenberg, Judges.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J. (6 pages)

           Oscar Marco Gipson contends the State did not show substantial evidence to support a jury verdict that he committed the offense of going armed with intent.  He argues there was insufficient evidence he intended to shoot another person.  OPINION HOLDS: Ample evidence in the record, along with the reasonable inferences from that evidence, shows Gipson shot into an occupied bar with the intent to shoot his girlfriend, with whom he was having relationship problems.  Gipson confronted and argued with her at a bar and watched her leave and go to another bar.  He then sprayed the bar with bullets from a semiautomatic weapon.  Substantial evidence supports the jury verdict.  Therefore we affirm. 

Case No. 17-1403:  State of Iowa v. Amy Lee Howell

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Marshall County, Timothy J. Finn, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (7 pages)

            Amy Howell appeals her judgment and sentence following a guilty plea.  OPINION HOLDS: We affirm Howell’s judgment and sentence for ongoing criminal conduct and unauthorized use of a credit card. 

Case No. 17-1464:  Amanda L. Luck v. Michael F. Salmon

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J. (7 pages)

           Michael Salmon, father of K.S., appeals the district court’s award of physical care to the mother, Amanda Luck.  He contends his request for shared care is in K.S.’s best interests.  In the alternative, he asks for additional visitation time.  He also seeks reduction or elimination of his obligation to pay Amanda’s trial attorney fees.  OPINION HOLDS: Reviewing the facts anew, we reach the same conclusions about the physical care and visitation provisions: Michael’s history of violence against Amanda and their contentious relationship make a shared care arrangement untenable and not in K.S.’s best interests.  The attorney fee award is also in the sound discretion of the district court, and we see no reason to disturb it given the income disparity between the parties and the reasonable efforts of counsel.  We also find Amanda is entitled to some reasonable appellate attorney fees and remand to the district court to determine an appropriate award.

Case No. 17-1492:  Diana Verdught v. Lee County, Iowa

Filed Aug 01, 2018

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           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 McDonald, J. (8 pages)

           A plaintiff appeals the district court judge's denial of a motion for recusal.  OPINION HOLDS: The court did not abuse its discretion in denying the motion for recusal because there was no conflict of interest and plaintiff did not establish resulting prejudice.

Case No. 17-1529:  State of Iowa v. Paul Mark Kingery

Filed Aug 01, 2018

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           Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  CONVICTIONS AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND REMANDED FOR ENTRY OF CORRECTED SENTENCING ORDER.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (11 pages)

           Paul Kingery appeals the convictions entered following his Alford pleas to two counts of lascivious acts with a child.  On appeal, he claims his pleas lacked factual bases and the court therefore erred in accepting them.  He also claims his Alford pleas were involuntary and unknowing, and the court failed to comply with Iowa Rule of Criminal Procedure 2.8(2)(b) by failing to advise him of applicable surcharges before accepting his plea.  Finally, Kingery claims the imposition of Iowa Code section 911.2B (2015) surcharges violated the ex post facto clauses of the United States and Iowa Constitutions.  OPINION HOLDS:  Upon our review, we conclude: (1) each charge was supported by a factual basis in the record, (2) Kingery failed to preserve error on his claim that his plea was involuntary and unknowing, and (3) the imposition of a sexual abuse surcharge violated the ex post facto clauses.  We affirm Kingery’s convictions but partially vacate his sentence and remand for entry of a corrected sentencing order. 

Case No. 17-1541:  State of Iowa v. Joseph Eugene Shade

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Polk County, Karen A. Romano and Carla T. Schemmel, Judges.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (9 pages)

            Joseph Shade appeals his sentence for first-degree robbery.  Shade argues he received ineffective assistance of counsel because his attorney did not argue the sentencing court was required to hold a Miller hearing before sentencing.  He also claims the court erred in imposing a law-enforcement-initiative surcharge.  OPINION HOLDS: Because the court did not sentence Shade to a mandatory-minimum term of incarceration, a Miller hearing was not required, and counsel was not ineffective for failing to request one.  The court erred in imposing the law-enforcement-initiative surcharge because it is not authorized by statute for this offense.

Case No. 17-1543:  Bruce Evan Martin v. State of Iowa

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (5 pages)

           Bruce Martin appeals the order granting summary disposition of his fifth application for postconviction relief (PCR).  OPINION HOLDS: The “newly discovered evidence” claims Martin raised in his fifth PCR application were either litigated in an earlier PCR proceeding or not proven to be newly discovered.  Accordingly, we affirm the order granting the State’s motion for summary disposition of his PCR action.  Because the result of the PCR proceeding would not have changed had PCR counsel performed as Martin suggests, his claim of ineffective assistance of PCR counsel also fails.

Case No. 17-1582:  State of Iowa v. Scott Robert Sandstrom

Filed Aug 01, 2018

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           Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J. (8 pages)

           Scott Sandstrom appeals from the sentence imposed following his guilty pleas, contending he did not voluntarily waive use of the presentence investigation.  He also asserts the court failed to consider letters filed with the court, made an erroneous reference to matters outside the record, and gave inadequate reasons for the sentence imposed.  OPINION HOLDS: Finding no legal errors or abuse of the court’s discretion, we affirm.

Case No. 17-1630:  Tracie Prier v. Mary Billhymer

Filed Aug 01, 2018

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           Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J. (5 pages)

           Tracie Prier appeals the district court decision dismissing her action for failure to timely serve notice on Mary Billhymer.  OPINION HOLDS: Prier did not serve Billhymer with notice of the lawsuit within ninety days after the petition was filed and did not file a motion for an extension of time to serve notice.  We conclude Prier has not shown good cause for the delay in serving Billhymer.  We affirm the district court’s decision dismissing the action.

Case No. 17-1672:  Wanda Horn v. Timothy Arnold Horn

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  REVERSED AND REMANDED.  Considered by Danilson, C.J., Mullins, J., and Blane, S.J.  Opinion by Blane, S.J. (10 pages)

            Timothy Horn appeals from the district court order modifying a consent protective order.  The protected party is his estranged wife, Wanda.  Tim contends the court applied the wrong standard in modifying the consent order and the evidence did not warrant modification.  Wanda contends the court applied the correct standard but the appeal is moot.  OPINION HOLDS: On our review, we find the district court applied an incorrect legal standard in determining the order should be modified and insufficient evidence supported the modification.  We reverse the modification and reinstate the prior protective order, excluding a now moot provision that ended prior to the appeal. 

Case No. 17-1886:  In the Matter of D.B., Alleged to be Seriously Mentally Impaired

Filed Aug 01, 2018

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           Appeal from the Iowa District Court for Des Moines County, John G. Linn, Judge. AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (5 pages)

           D.B. appeals a district court’s civil commitment order.  He argues the State failed to demonstrate he would physically injure himself or others if allowed to remain at liberty.  OPINION HOLDS: Substantial evidence was presented supporting the district court’s finding of serious mental impairment.  We affirm the civil commitment order.

Case No. 17-1928:  State of Iowa v. Marvella Ann Harms

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Hancock County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Danilson, C.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J. (3 pages)

           Marvella Harms appeals the sentence imposed upon her conviction of second-degree arson, contending the district court abused its discretion in sentencing her to a term of incarceration.  OPINION HOLDS: Finding no abuse of discretion, we affirm Harms’s sentence.

Case No. 17-2002:  In re the Marriage of Anderson

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

           Abby Anderson appeals, and Michael Anderson cross-appeals, from the decree dissolving their marriage.  OPINION HOLDS: We affirm the district court’s thorough and well-reasoned decree in its entirety. 

Case No. 18-0474:  In the Interest of P.K., Minor Child

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, 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: The grounds for termination under Iowa Code section 232.116(1)(h) (2017) have been satisfied because clear and convincing evidence shows the court could not return the child to either parent’s care at the time of the termination hearing without exposing the child to harm that would lead to a child-in-need-of-assistance adjudication.  Because termination is in the child’s best interests and application of any of the exceptions to the termination statute is not, we affirm on both appeals.

Case No. 18-0600:  In the Interest of C.M., Minor Child

Filed Aug 01, 2018

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

           A father appeals the termination of his parental rights to his minor child, contending termination is not in the child’s best interests.  OPINION HOLDS: We agree with the juvenile court that termination is in the child’s best interests.  We affirm the termination of the father’s parental rights. 

Case No. 18-0609:  In the Interest of A.T., Minor Child

Filed Aug 01, 2018

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           Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (5 pages)

           A mother appeals the termination of her parental rights.  OPINION HOLDS:  We find there is substantial evidence in the record to support termination of the mother’s parental rights.  We conclude termination of the mother’s parental rights is in the child’s best interests.  We affirm the decision of the juvenile court.

Case No. 18-0614:  In the Interest of W.B., Minor Child

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J. (7 pages)

           A mother appeals the termination of her parental rights to her child, born in 2008.  She contends (1) the record lacks clear and convincing evidence the child could not be returned to her custody; (2) termination was not in the child’s best interests; (3) termination was inappropriate, given the child’s preferences and objection to termination and the closeness of the parent-child bond; and (4) the court should have placed the child in a guardianship in lieu of terminating her parental rights.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to her child.

Case No. 18-0681:  In the Interest of A.B., Minor Child

Filed Aug 01, 2018

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            Appeal from the Iowa District Court for Woodbury County, Mary L. McCollum Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J.  (7 pages)

            A mother appeals from the termination of her parental rights to her child, A.B., pursuant to Iowa Code section 232.116(1)(b), (d), (e), (g), (h), and (l) (2018).  She does not contest the grounds for termination, but rather asserts the juvenile court made mistakes of fact and misapplied the law.  OPINION HOLDS: Based on the evidence reflecting the mother has not maintained contact with A.B. and has not demonstrated a likelihood of long-standing sobriety, we find termination of the mother’s parental rights to A.B. is in A.B.’s best interest.  We therefore affirm.

Case No. 18-0869:  In the Interest of J.R., Minor Child

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Potterfield, J. (9 pages)

           A father appeals the juvenile court order adjudicating his child a child in need of assistance.  OPINION HOLDS: We find the juvenile court’s adjudication of the child as a child in need of assistance under Iowa Code section 232.2(6)(b) and (c)(2) (2018) is not supported by clear and convincing evidence and reverse the ruling of the juvenile court.

Case No. 18-0913:  In the Interest of J.H. and V.J., Minor Children

Filed Aug 01, 2018

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            Appeal from the Iowa District Court for Monona County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Vogel, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (8 pages)

            A mother appeals the juvenile court’s child-in-need-of-assistance permanency order and the termination of her parental rights.  OPINION HOLDS:  We affirm the juvenile court’s permanency order and termination of the mother’s parental rights.

Case No. 18-0943:  In the Interest of K.K., K.K., and R.K., Minor Children

Filed Aug 01, 2018

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Appeal from the Iowa District Court for Crawford County, Mary L. McCollum Timko, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (10 pages)

            A mother and father appeal the termination of their parental rights in their child, and the father also appeals the termination of his rights to two additional children.  OPINION HOLDS: As to the father, the district court properly terminated his parental rights due to his substance-related disorder.  As to the mother, the district court properly terminated her rights because the same issues supporting prior terminations of her older children remain, and she is unlikely to resolve the identified issues.  The district court also properly denied both parents an additional six months to work toward reunification because there is no indication that grounds for termination will no longer exist in six months’ time.

Case No. 18-0947:  In the Interest of M.D., K.T., G.A., E.A. and S.A., Minor Children

Filed Aug 01, 2018

View Opinion No. 18-0947

Appeal from the Iowa District Court for Ida County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (4 pages)

A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Because the juvenile court did not abuse its discretion in denying the mother’s motion to continue the termination hearing and the termination hearing procedure was good enough to meet minimum due process requirements, we affirm.

Case No. 18-0961:  In the Interest of R.E., Minor Child

Filed Aug 01, 2018

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           Appeal from the Iowa District Court for Warren County, Kevin A. Parker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J. (9 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: Because Iowa is R.E.’s “home state,” the district court had jurisdiction over termination proceedings.  Also, because of each parent’s individual pending criminal proceedings and lack of participation in visitation or other offered services, R.E. could not be returned at the time of the termination hearing.  Further, termination was in the child’s best interests, no factors precluded termination, the DHS made reasonable efforts towards reunification, and a six-month extension was not warranted for either parent.

Case No. 18-1000:  In the Interest of M.W., Minor Child

Filed Aug 01, 2018

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

           A father appeals a permanency order transferring guardianship and custody of his child to her maternal aunt.  He contends (1) the child should have been placed with him during the child-in-need-of-assistance proceedings and (2) the district court erred in ordering a guardianship with the aunt.  OPINION HOLDS: We affirm the district court’s refusal to transfer the child to the father’s custody during the proceedings as well as the court’s transfer of guardianship and custody to the maternal aunt following the permanency hearing.

Case No. 18-1017:  In the Interest of L.B., B.B., J.A., and A.E., Minor Children

Filed Aug 01, 2018

View Opinion No. 18-1017

Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (9 pages)

            Alicia and Andrew appeal the termination of their parental rights in their two children.  Alicia also appeals the termination of her parental rights in two additional children.  OPINION HOLDS: The children cannot be returned to Alicia’s care due to her persistent drug use and lack of home or employment.  Her parent-child bond with the children is not so strong as to preclude termination, and an additional six months to work toward reunification is unlikely to resolve Alicia’s parenting issues.  Andrew’s children cannot be returned to him due to his substance abuse and incarceration. 

Case No. 18-1030:  In the Interest of P.W., Minor Child

Filed Aug 01, 2018

View Opinion No. 18-1030

           Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J. (6 pages)

            A mother and father separately appeal the termination of their parental rights to their son, P.W., born April 2017.  OPINION HOLDS: Because of the parents’ lack of participation in offered services, P.W. could not be returned at the time of the termination hearing.  Also, termination was in the child’s best interests and no factors precluded termination. 

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