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September 2018 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

Case No. 17-0117:  State of Iowa v. Steven Asbury

Filed Sep 26, 2018

View Opinion No. 17-0117

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

             Steven Asbury appeals from judgment and sentence entered upon his conviction for first-degree murder following a jury trial.  On appeal, Asbury asserts there was insufficient evidence of the identity of who shot the victim.  He also contends he received ineffective assistance of trial counsel due to his attorney’s failure to object to two jury instructions.  OPINION HOLDS: Because we find substantial evidence supports the jury verdict, and Asbury was not prejudiced by counsel’s failure to object to the instructions, we affirm.

Case No. 17-0570:  State of Iowa v. Imere Hall

Filed Sep 26, 2018

View Opinion No. 17-0570

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (13 pages)

            Imere Hall appeals his convictions of first-degree murder and first-degree robbery following a jury trial.  OPINION HOLDS: Substantial evidence exists to support the jury’s verdict, and the district court properly denied Hall’s motion for judgment of acquittal.  Additionally, Hall’s sentence of life in prison without parole is not cruel and unusual punishment or in violation of his right to equal protection of the laws.  Finally, his pro se arguments, insofar as they were preserved for our review, are without merit.  Accordingly, we affirm Hall’s judgment and sentence following his convictions of first-degree murder and first-degree robbery.

Case No. 17-0716:  Roger Waddell, Administrator of the Estate of Christina Waddell v. University of Iowa Community Medical Services, Inc. d/b/a University of Iowa Quick Care North Liberty, a/k/a UI Family Care Center North Liberty

Filed Sep 26, 2018

View Opinion No. 17-0716

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

            The plaintiff appeals from the district court’s summary judgment order dismissing the medical malpractice lawsuit against the defendants.  OPINION HOLDS: We find summary judgment was proper because the plaintiff’s expert testimony failed to establish causation and could not establish a prima facie case of medical negligence.  We therefore affirm the trial court’s summary judgment ruling in favor of the defendants.

Case No. 17-0727:  State of Iowa v. Bryce Ladaris Gully

Filed Sep 26, 2018

View Opinion No. 17-0727

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J. (24 pages)

            Bryce Gully appeals his convictions of several drug- and gun-related crimes and the sentences imposed. He contends: (1) the district court erred in denying his motion to suppress evidence obtained pursuant to a search warrant because the warrant application lacked probable cause; (2) the district court abused its discretion in denying his motions for a mistrial; (3) there was insufficient evidence to support his convictions and the district court therefore erred in denying his motions for judgment of acquittal; (4) the sentences imposed amount to cruel and unusual punishment because his prior convictions supporting sentencing enhancement were committed when he was a juvenile; and (5) his trial counsel rendered ineffective assistance in failing to object to the racial makeup of the jury pool.  OPINION HOLDS: We affirm Gully’s conviction and sentence in their entirety.  We preserve Gully’s ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings. 

Case No. 17-0806:  Joe Louis Byrd v. State of Iowa

Filed Sep 26, 2018

View Opinion No. 17-0806

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vogel, P.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J.  (12 pages)

            Joe Byrd appeals the district court decision denying his request for postconviction relief from his conviction of first-degree robbery.  OPINION HOLDS: Byrd has not shown he received ineffective assistance based on his claims defense counsel failed to: (1) file a motion to suppress, (2) impeach the testimony of a witness, (3) object to prosecutorial misconduct, (4) claim the State concealed exculpatory evidence, and (5) address the issue of juror misconduct.  We conclude Byrd has not shown he received ineffective assistance, whether the claims are considered individually or cumulatively.  We affirm the district court’s decision denying his request for postconviction relief.

Case No. 17-0904:  In re the Marriage of Monahan

Filed Sep 26, 2018

View Opinion No. 17-0904

           Appeal from the Iowa District Court for Shelby County, Gregory W. Steensland, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J. (10 pages)

           A wife appeals the economic provisions of her dissolution decree.  She challenges the property division and spousal support award.  OPINION HOLDS: The district court incorrectly concluded the husband's military pension was not subject to division, and we conclude the pension should be divided using the Benson formula.  All other aspects of the property division were equitable.  We affirm the spousal support award but modify the award to commence on the date of the dissolution decree.

Case No. 17-1160:  Jonathan Armstrong v. State of Iowa

Filed Sep 26, 2018

View Opinion No. 17-1160

           Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J. (15 pages)

            Jonathan Armstrong appeals the dismissal of his application for postconviction relief, arguing trial and appellate counsel were ineffective.  OPINION HOLDS: Upon our de novo review, we find Armstrong failed to demonstrate a reasonable probability of a different outcome had counsel performed in the manner Armstrong suggests. We affirm the postconviction court’s denial of relief.

Case No. 17-1174:  In the Interest of M.S., Minor Child

Filed Sep 26, 2018

View Opinion No. 17-1174

            Appeal from the Iowa District Court for Marion County, Thomas W. Mott, Judge.  REVERSED AND REMANDED.  Heard by Danilson, C.J., McDonald, J., and Scott, S.J.  Opinion by Scott, S.J. (6 pages)

            A father appeals the juvenile court’s decision to terminate his parental rights in a private termination action.  OPINION HOLDS: We determine the order terminating the father’s parental rights must be reversed because the father was not adequately informed of his right to counsel.  We remand to the juvenile court, where proper notice should be served on the father and proof of the service of notice placed in the record, prior to any rehearing on the merits of the petition to terminate his parental rights.  On remand, if the father requests the assistance of counsel and is financially unable to employ counsel, then counsel should be appointed for him.

Case No. 17-1193:  State of Iowa v. Kenith Lewis

Filed Sep 26, 2018

View Opinion No. 17-1193

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (12 pages)

            Kenith Lewis, through appellate counsel, presents several claims of ineffective assistance of counsel and additionally raises pro se claims concerning trial counsel’s failure to object to testimony, the sufficiency of the evidence, the constitutionality of his sentence, and jury selection.  OPINION HOLDS: Lewis fails to show trial counsel’s performance fell below professional standards.  Finding no other ground for reversal, we affirm Lewis’s convictions and sentences for first-degree burglary and third-degree sexual abuse.

Case No. 17-1254:  State of Iowa v. William Lowell Foster

Filed Sep 26, 2018

View Opinion No. 17-1254

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

            William Foster appeals his conviction following entry of an Alford plea contending ineffective assistance of counsel and district court abuse of discretion.  OPINION HOLDS: We affirm Foster’s judgment and sentence.

Case No. 17-1469:  State Farm Insurance v. Christine Warth, as parent of Z.W. and Z.W., a minor child

Filed Sep 26, 2018

View Opinion No. 17-1469

           Appeal from the Iowa District Court for Des Moines County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J.  (11 pages)

           Christine Warth appeals the district court’s award of damages to State Farm Insurance stemming from a car accident.  OPINION HOLDS: We find the exhibits relied upon by the district court in its damage calculation contained inadmissible hearsay and did not fit within the business-records or residual exceptions.  We reverse the damage award and remand for further proceedings.

Case No. 17-1504:  Estate of Payton Montana Casteel, by and through its administrator, Anna Hutt; and Tiran Casteel, individually v. Patricia Cherie Wray

Filed Sep 26, 2018

View Opinion No. 17-1504

            Appeal from the Iowa District Court for Page County, James M. Richardson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (14 pages)

            Parents of teenager who died appeal the jury’s verdict of no fault in a tort action based on a vehicle accident.  They contend the jury’s verdict was not supported by sufficient evidence and failed to effectuate substantial justice.  Further, they argue the court erred in overruling their motion in limine and giving jury instructions about evidence that their son lacked a driver’s license and his motorcycle lacked a headlight and turn signals.  Finally, they contend the court erred in granting summary judgment on their claim of damages for pre-death pain, suffering, and loss of function.  OPINION HOLDS: We find the jury’s verdict is supported by sufficient evidence and effects substantial justice.  We therefore conclude the court did not err or abuse its discretion in denying a new trial.  We also find the plaintiffs failed to preserve error on their claims on the admissibility of challenged evidence and jury instruction 16H.  We find no error in jury instruction 16I.  Finally, we find the court did not err by granting summary judgment and refusing to submit pre-death pain, suffering, and loss of function to the jury. 

Case No. 17-1572:  State of Iowa v. Victor Villarreal

Filed Sep 26, 2018

View Opinion No. 17-1572

            Appeal from the Iowa District Court for Plymouth County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (3 pages)

            Victor Villarreal challenges the sufficiency of the evidence supporting his convictions for unauthorized possession of an offensive weapon, two counts of trafficking in stolen weapons, and six counts of possession of a firearm by a felon.  OPINION HOLDS: There is sufficient evidence demonstrating Villarreal’s constructive possession of the firearms.

Case No. 17-1653:  State of Iowa v. Charles P. Phipps

Filed Sep 26, 2018

View Opinion No. 17-1653

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

            Charles Phipps appeals from his conviction for assault while displaying a dangerous weapon.  Phipps maintains (1) the trial court should have granted his motion for judgment of acquittal because assault while displaying a dangerous weapon is a specific-intent crime and the State did not provide substantial evidence regarding his specific intent, (2) trial counsel provided ineffective assistance by failing to challenge the jury instruction that assault with a dangerous weapon is a general-intent crime, and (3) the court abused its discretion in denying his motion for mistrial after a witness’s testimony exceeded the minutes of evidence.  OPINION HOLDS: Because Phipps failed to object to the jury instructions, his sufficiency-of-the-evidence argument is at odds with the law of the case, and we decline to consider it.  His argument he received ineffective assistance from trial counsel fails, as he has not established the elements of ineffective assistance of counsel.  And we cannot say the district court abused its discretion when it denied Phipps’s motion for mistrial but struck from the record the testimony Phipps challenged as outside of the minutes and instructed the jury not to consider that testimony.  We affirm.

Case No. 17-1727:  State of Iowa v. Ronald Skyler Steenhoek

Filed Sep 26, 2018

View Opinion No. 17-1727

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

           Ronald Steenhoek appeals his conviction and sentence for theft in the second degree in violation of Iowa Code sections 714.1 and 714.2(2) (2017).  Steenhoek argues the district court erred by assessing financial obligations to him without first making a determination of his reasonable ability to pay and abused its discretion when it sentenced him to five years’ imprisonment.  OPINION HOLDS: Because no restitution order is yet in place, Steenhoek’s claim regarding his financial obligation and reasonable ability to pay is not yet ripe for our review, and we do not consider it.  The district court did not abuse its discretion when sentencing Steenhoek.  We affirm.

Case No. 17-1749:  State of Iowa v. Jack Raymond Carr

Filed Sep 26, 2018

View Opinion No. 17-1749

            Appeal from the Iowa District Court for Polk County, David N. May (possession plea), Thomas W. Mott (driving-while-barred plea), and Eliza J. Ovrom (sentencing), Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (3 pages)

            Jack Carr appeals after pleading guilty to possession of methamphetamine and driving while barred.  OPINION HOLDS: Because the record is insufficient to determine Carr’s ineffective-assistance-of-counsel claim on the merits, we affirm his convictions and preserve the issue of ineffective assistance of counsel for future postconviction-relief proceedings.

Case No. 17-1807:  In re the Marriage of Olson

Filed Sep 26, 2018

View Opinion No. 17-1807

            Appeal from the Iowa District Court for Pocahontas County, Kurt L. Wilke, Judge.  AFfirmed.  Heard by Vogel, P.J., Tabor, J., and Blane, S.J.  Opinion by Vogel, P.J. (9 pages)

            Amanda Reese asked the court to modify the physical-care and child-support provisions of the decree dissolving her marriage to Brian Olson.  Amanda’s petition alleged a substantial change in circumstances regarding the care and well-being of the children and a failure to communicate as changes since the entry of the decree.  OPINIONS HOLDS: Because we conclude Amanda failed to show a substantial change in circumstances since the original decree, we affirm the district court’s denial of the petition to modify physical care and child support.  We also affirm the district court’s failure to award Amanda attorney fees and decline to award her appellate attorney fees.

Case No. 17-1811:  Matthew Michael DeAngelo v. JLG Industries, Inc.

Filed Sep 26, 2018

View Opinion No. 17-1811

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (5 pages)

            JLG Industries appeals the district court’s denial of a motion to dismiss for lack of personal jurisdiction.  OPINION HOLDS: An allegation of a company doing business in the state is insufficient to establish a company is “at home” for purposes of general jurisdiction. 

Case No. 17-1895:  Ashley Van Zetten v. Iowa Board of Cosmetology Arts and Sciences

Filed Sep 26, 2018

View Opinion No. 17-1895

           Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J. (6 pages)

           Ashley Van Zetten appeals the district court’s dismissal of her petition for judicial review for failing to serve the Iowa Board of Cosmetology Arts and Sciences within the ten-day window required by Iowa Code section 17A.19(2) (2015).  OPINION HOLDS: Because Van Zetten substantially complied with the requirements of section 17A.19(2), the district court erred in granting the board’s motion to dismiss.  We reverse the district court’s ruling and remand the case for further proceedings consistent with this opinion.

Case No. 17-2092:  In re the Marriage of Herum

Filed Sep 26, 2018

View Opinion No. 17-2092

           Appeal from the Iowa District Court for Emmet County, Nancy L. Whittenberg, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (9 pages)

            Scott Herum appeals the district court’s denial of his motion for recusal and grant of his ex-wife’s application for distribution of support payments.  OPINION HOLDS: Because the district court judge properly declined to recuse herself and the distribution of support payments was not barred by res judicata or estoppel, we affirm. We assess appellate costs to Scott.

Case No. 17-2106:  In re the Marriage of Hockemeyer

Filed Sep 26, 2018

View Opinion No. 17-2106

            Appeal from the Iowa District Court for Grundy County, Joel A. Dalrymple, Judge.  AFFIRMED.  Heard by Vogel, P.J., Tabor, J., and Carr, S.J.  Opinion by Carr, S.J. (7 pages)

            A father appeals the physical care determination of a decree of dissolution.  OPINION HOLDS: Both parents are suitable custodians for the child, but geographical distance prevents joint physical care.  We affirm the dissolution decree.

Case No. 18-0049:  State of Iowa v. Shawn Howard Lurkens

Filed Sep 26, 2018

View Opinion No. 18-0049

            Appeal from the Iowa District Court for Linn County, Russell G. Keast and Angeline M. Wilson, District Associate Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (4 pages)

            Shawn Lurkens appeals after pleading guilty to domestic abuse assault claiming his plea counsel was ineffective in allowing him to plead guilty because there was no factual basis for the plea.  OPINION HOLDS: Because there was a factual basis for the defendant’s guilty plea, we affirm the conviction.

Case No. 18-0265:  State of Iowa v. Robert Anthony Cooper

Filed Sep 26, 2018

View Opinion No. 18-0265

            Appeal from the Iowa District Court for Polk County, Odell G. McGhee II, District Associate Judge.  AFfirmed.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (7 pages)

            Cooper appeals his conviction and sentence after he entered into an Alford plea for fourth-degree theft.  First, Cooper claims that he received ineffective assistance of counsel because his counsel allowed him to enter into the Alford plea even though there was no factual basis for the plea.  Second, Cooper argues that the district court erred by accepting the plea due to the lack of factual basis.  OPINION HOLDS: There was factual basis to support the entering and acceptance of an Alford plea for fourth-degree theft, thus we affirm.

Case No. 18-0372:  State of Iowa v. Gregory Earl Jordan

Filed Sep 26, 2018

View Opinion No. 18-0372

            Appeal from the Iowa District Court for Black Hawk County, Brook K. Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (5 pages)

            The defendant appeals his conviction of theft in the third degree following a jury trial.  OPINION HOLDS: Because Jordan did not prove the outcome of trial would have been different had his counsel filed a motion to suppress evidence or objected to evidence of other bad acts, his ineffective-assistance-of-counsel claims fail, and we affirm.

Case No. 18-0444:  State of Iowa v. Jose Felipe Pena

Filed Sep 26, 2018

View Opinion No. 18-0444

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (3 pages)

            Jose Pena appeals the sentence imposed upon his conviction of child endangerment resulting in bodily injury, contending the district court improperly relied on unproven and unadmitted facts in sentencing.  OPINION HOLDS: We conclude the unchallenged portions of the presentence-investigation report, which were permissible considerations, are sufficient to establish the matter Pena complains the court relied on in denying his sentencing requests.  Accordingly, we affirm. 

Case No. 18-0963:  In the Interest of H.S., Minor Child

Filed Sep 26, 2018

View Opinion No. 18-0963

           Appeal from the Iowa District Court for Harrison County, Amy L. Zacharias, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

            A mother and a father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: I. Clear and convincing evidence establishes the grounds for terminating both the mother’s and the father’s parental rights under section 232.116(1)(h) (2017).  II. The mother failed to preserve error on her reasonable-efforts claim.  III. Termination is in the child’s best interests. 

Case No. 18-1029:  In the Interest of B.M., Minor Child

Filed Sep 26, 2018

View Opinion No. 18-1029

           Appeal from the Iowa District Court for Sioux County, Robert J. Dull, District Associate Judge.  REVERSED AND REMANDED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  Dissent by Vogel, J.  (20 pages)

            A mother appeals the juvenile court order terminating her parental rights. OPINION HOLDS: We find the State failed to prove the alleged statutory grounds for termination by clear and convincing evidence. We reverse the juvenile court’s termination order and remand for further proceedings.  DISSENT ASSERTS: I would affirm the termination of the mother’s parental rights.  I believe the State proved by clear and convincing evidence B.M. could not be returned to the care of the mother at the time of the termination hearing.

Case No. 18-1148:  In the Interest of M.W., M.C., T.C., D.C., G.C., and A.C., Minor Children

Filed Sep 26, 2018

View Opinion No. 18-1148

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  aFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (9 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: We find the State fulfilled its duty to make reasonable efforts to reunify the mother with her children under Iowa Code section 232.102(6)(b) (2018), and clear and convincing evidence establishes the grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(h).  We affirm the decision of the juvenile court.

Case No. 18-1205:  In the Interest of A.S., Minor Child

Filed Sep 26, 2018

View Opinion No. 18-1205

            Appeal from the Iowa District Court for Jefferson County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (6 pages)

            A father appeals the juvenile court’s termination of his parental rights.  OPINION HOLDS: We find additional time to have the child placed in the father’s care is not warranted and termination is in the child’s best interests.  We affirm the decision of the juvenile court.

Case No. 18-1242:  In the Interest of M.M. and C.M., Minor Children

Filed Sep 26, 2018

View Opinion No. 18-1242

            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.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because the State proved by clear and convincing evidence the children could not be returned at the time of the termination hearing, no permissive factor weighs against termination, and termination is in the children’s best interests, we affirm. 

Case No. 18-1246:  In the Interest of C.H.-B., Minor Child

Filed Sep 26, 2018

View Opinion No. 18-1246

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (7 pages)

            The father appeals the termination of his parental rights to his child.  The juvenile court terminated the father’s parental rights pursuant to Iowa Code section 232.116(1)(b), (e), (h), and (l) (2018).  It also found termination was in the child’s best interests.  OPINION HOLDS: Upon our de novo review, we find clear and convincing evidence supports termination under section 232.116(1)(h), termination is in the child’s best interests, and there is no basis to support an extension.  Therefore, we affirm.

Case No. 18-1339:  In the Interest of L.H., Minor Child

Filed Sep 26, 2018

View Opinion No. 18-1339

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother and father appeal the termination of their parental rights to a child, born in 2016.  The mother contends (A) the State failed to prove the grounds for termination cited by the district court, (B) the termination hearing should have been postponed, and (C) the district court should have declined to terminate her parental rights based on the closeness of the parent-child bond.  The father contends (A) the State failed to prove the grounds for termination cited by the district court and (B) termination was not in the child’s best interests given the closeness of the parent-child bond.  OPINION HOLDS: We affirm the termination of the parents’ rights to the child.

Case No. 18-1340:  In the Intereset of J.E., Minor Child

Filed Sep 26, 2018

View Opinion No. 18-1340

           Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (4 pages)

           A mother appeals the termination of her parental rights in her child.  OPINION HOLDS: The district court’s decision was supported by sufficient evidence, the State made reasonable efforts to reunify the mother with her child, and the termination of rights is in the child’s best interest.

Case No. 16-0757:  Habitat for Humanity v. Charity Lynn Rush

Filed Sep 12, 2018

View Opinion No. 16-0757

           Appeal from the Iowa District Court for Scott County, Paul L. Macek, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Mahan, S.J.  Opinion by Mahan, J.  (2 pages)

           Charity Rush appeals the district court’s decree foreclosing the mortgages on the property in question.  OPINION HOLDS: We conclude the district court properly rendered a judgment of foreclosure.

Case No. 16-0935:  State of Iowa v. Dustin Jerome Jefferson

Filed Sep 12, 2018

View Opinion No. 16-0935

           Appeal from the Iowa District Court for Tama County, Mary E. Chicchelly, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Potterfield and Mullins, JJ.  Opinion by Mullins, J.  Dissent by Potterfield, J. (29 pages)

           Dustin Jefferson appeals his conviction of aiding and abetting first-degree murder in violation of Iowa Code sections 707.2 (2013).  He argues there is insufficient evidence to support his conviction and his trial counsel was ineffective in a number of respects.  OPINION HOLDS: We find sufficient evidence supports Dustin’s conviction and trial counsel was not ineffective as alleged.  We affirm Dustin’s conviction of aiding and abetting murder in the first degree.  DISSENT ASSERTS:  The evidence here is insufficient to support the verdict.  I would reverse and remand for dismissal.

Case No. 16-1880:  In re the Marriage of Berg

Filed Sep 12, 2018

View Opinion No. 16-1880

            Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Amy Berg appeals the economic provisions of the decree dissolving her marriage to Mark Berg.  She contends (1) the district court should have assigned her one of the two tax exemptions for the children; (2) the district court’s property division was inequitable, and (3) she should have been awarded more trial attorney fees.  OPINION HOLDS: We affirm the dissolution decree as modified.  We order Mark to pay $2000 toward Amy’s appellate attorney-fee obligation.

Case No. 17-0435:  Sessions L. Harper v. State of Iowa

Filed Sep 12, 2018

View Opinion No. 17-0435

           Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (20 pages)

           Sessions Harper appeals the denial of his application for postconviction relief (PCR).  In addition to his various pro se claims of ineffective assistance of counsel, he contends the district court erred in concluding his trial counsel did not render ineffective assistance of counsel in failing to object to an allegedly improper jury instruction on the crime of first-degree kidnapping and abused its discretion in declining to admit certain evidence in the PCR trial.  OPINION HOLDS: We affirm the denial of Harper’s PCR application. 

Case No. 17-0479:  State of Iowa v. Trisha Marie Goldensoph

Filed Sep 12, 2018

View Opinion No. 17-0479

            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 Vaitheswaran, P.J.  (7 pages)

            Trisha Goldensoph appeals following her convictions of one count of delivery of methamphetamine and one count of possession of methamphetamine, challenging (1) the sufficiency of the evidence supporting the jury’s findings of guilt and (2) the district court’s denial of her motion for new trial premised on an allegation that “three jurors” were “sleeping” during trial.  OPINION HOLDS: We affirm the jury findings of guilt for delivery of methamphetamine and possession of methamphetamine, and we affirm the court’s denial of the motion for new trial.

Case No. 17-0599:  In the Matter of the Estate of LaVerne E. Workman, Deceased

Filed Sep 12, 2018

View Opinion No. 17-0599

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Per Curiam.  Separate Writing by Potterfield, J.  Partial Dissent by Vaitheswaran, P.J.  (8 pages)

            Dennis Workman appeals, contending the district court should not have enforced the “no-contest” provision because he acted with probable cause and in good faith in filing his will-contest action.  OPINION HOLDS: While we affirm the revocation of Dennis’ interest, we reverse as to Dennis' son.  SEPARATE WRITING STATES: I agree with the majority that Dennis’s interest in his father’s will should be revoked, as he failed to establish good faith and probable cause for filing the will-contest action relating to his father’s will; I write separately to explain why I take a different position on this issue in this action than I did in In re Estate of Workman, No. 16-0908, 2017 WL 706342, at *7 (Iowa Ct. App. Feb. 22, 2017).  DISSENT ASSERTS: I concur in affirmance of the revocation of Dennis’ shares and interest in LaVerne’s estate but I respectfully dissent from the majority’s conclusion that Dennis’ minor son is entitled to receive his bequest.

Case No. 17-0655:  State of Iowa v. Akuk Atak Alem Akok

Filed Sep 12, 2018

View Opinion No. 17-0655

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

            Akuk Akok appeals his convictions for first-degree burglary, assault while participating in a felony, and child stealing.  OPINION HOLDS: Because the State made a sufficient prima facie case concerning the authenticity of Akok’s Facebook messages, the district court did not abuse its discretion in admitting the messages into evidence.  We preserve Akok’s ineffective-assistance claim to allow full development of the record during postconviction proceedings. 

Case No. 17-0831:  In re the Marriage of Demmer

Filed Sep 12, 2018

View Opinion No. 17-0831

           Appeal from the Iowa District Court for Delaware County, Monica Wittig, Judge.  AFFIRMED AS MODIFIED.  Considered by Danilson, C.J., Mullins, J., and Mahan, S.J.  Opinion by Danilson, C.J. (20 pages)

            Jacquelyn (Jacque) Demmer appeals from the custody, support, and property distribution provisions of the decree dissolving her marriage to Joshua (Josh) Demmer.  Jacque contends the trial court erred in granting sole legal custody and physical care of the parties’ three children to Josh, asserts the court improperly placed restrictions on visitation with her parents, erred in not awarding her spousal support, failed to divide the marital property equitably, erred in awarding Josh with the tax dependency exemptions, and improperly calculated child support.  OPINION HOLDS: I. Because the parties agreed to joint legal custody, the trial court should not have granted sole legal custody to Josh.  II. We find no reason to disturb the placement of the children in Josh’s physical care.  III. Josh did not seek any restriction or supervision of Jacque’s parenting time and the trial court gave no reviewable reason for restricting the maternal grandparents’ access to the children.  We strike these restrictions from the decree.  IV. We find no failure to do equity in the district court’s distribution of marital assets and debts and its refusal to award spousal support.  V. The trial court properly awarded the tax exemptions to Josh, but providing that should Jacque have sufficient annual income to benefit from the tax exemptions, she would be entitled to use the second of the three children as an exemption.  VI. We affirm the child-support calculation. VII. The trial court did not abuse its discretion in denying Jacque trial attorney fees.  VIII. We award no appellate attorney fees.  IX. Costs are taxed one-quarter to Josh and three-quarters to Jacque.

Case No. 17-1026:  David Eugene Maddox v. State of Iowa

Filed Sep 12, 2018

View Opinion No. 17-1026

           Appeal from the Iowa District Court for Pottawattamie County, Mark J. Eveloff, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Danilson, C.J. (13 pages)

           David Maddox appeals from the denial of his application for postconviction relief, asserting his trial counsel rendered ineffective assistance and his appellate counsel was ineffective in failing to raise trial counsel’s ineffectiveness on Maddox’s first appeal.  OPINION HOLDS: Because we conclude Maddox has not established trial or appellate counsel rendered ineffective assistance, we affirm.

Case No. 17-1054:  State of Iowa v. Ethen Eddie Richard Ayers

Filed Sep 12, 2018

View Opinion No. 17-1054

            Appeal from the Iowa District Court for Lee County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Scott, S.J.  Opinion by Scott, S.J.  (10 pages)

            Ethen Ayers appeals his conviction of assault on a correctional officer causing bodily injury.  He contends (1) his trial counsel was ineffective in failing to object to several instances of alleged prosecutorial misconduct and (2) the district court erred in declining to instruct the jury on a justification defense.  OPINION HOLDS: We conclude trial counsel was not ineffective as alleged and the district court appropriately declined to instruct the jury on a justification defense.  We affirm Ayers’s conviction of assault on a correctional officer causing bodily injury.

Case No. 17-1066:  Leon Edward Goedken v. Alliance Pipeline, L.P.

Filed Sep 12, 2018

View Opinion No. 17-1066

           Appeal from the Iowa District Court for Buchanan County, Stephanie C. Rattenborg, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J. (8 pages)

           Alliance Pipeline, L.P., appeals the district court’s dismissal of its small claims appeal as untimely because its original electronic submission prior to the deadline mistakenly designated a brief as a second notice of appeal.  OPINION HOLDS: We find resubmission of the notice of appeal relates back to the original submission one day earlier for the purposes of meeting the appellate deadline.  Accordingly, we reverse the dismissal and remand for further proceedings on the merits.

Case No. 17-1067:  Joseph James Paris v. Alliance Pipeline, L.P.

Filed Sep 12, 2018

View Opinion No. 17-1067

           Appeal from the Iowa District Court for Buchanan County, Stephanie C. Rattenborg, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Tabor, J. (4 pages)

            Alliance Pipeline, L.P., appeals the district court’s dismissal of its small claims appeal as untimely because its original electronic submission prior to the deadline mistakenly designated a brief as a second notice of appeal.  OPINION HOLDS: We find resubmission of the notice of appeal relates back to the original submission one day earlier for the purposes of meeting the appellate deadline.  Accordingly, we reverse the dismissal and remand for further proceedings on the merits.

Case No. 17-1188:  State of Iowa v. Rogelio Pablo Morales

Filed Sep 12, 2018

View Opinion No. 17-1188

           Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J. (7 pages)

           Rogelio Morales was convicted of second-degree murder and now appeals from the denial of his motion to suppress statements he made to police officers.  OPINION HOLDS: Under the totality of the circumstances, we agree with the district court that Morales’s nods and subsequent action in answering questions were sufficient to indicate a knowing and voluntary waiver of his Miranda rights. 

Case No. 17-1221:  In re the Marriage of Archer

Filed Sep 12, 2018

View Opinion No. 17-1221

           Appeal from the Iowa District Court for Warren County, John D. Lloyd, Judge.  AFFIRMED AS MODIFIED.  Considered by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (28 pages)

           Victoria Archer appeals the court’s modification of a dissolution decree placing her three minor children in the physical care of their father, Bruce Archer.  She contends the court erred in: (1) denying her multiple requests for continuances due to her health; (2) allowing the guardian ad litem (GAL) to testify and admitting the GAL’s written report into evidence; (3) precluding her from presenting evidence at trial which then led to the erroneous conclusion that Bruce met his burden of proof to modify custody; (4) relying  on facts which predated the prior modification decree; (5) concluding Bruce could provide superior care; and (6) placing onerous conditions on her parenting time in the modified custody decree.  Bruce requests an award of appellate attorney fees.  OPINION HOLDS: We find the court did not abuse its discretion in denying Victoria’s motions for continuances.  We conclude the court erred in admitting the GAL’s report into evidence so we do not consider it in our de novo review.  We affirm Bruce’s request to modify physical care of the three minor children, but modify the visitation schedule to allow Victoria visitation when she is in Iowa.  We find no abuse of discretion and affirm the court’s award of trial attorney fees to Bruce.  We do not award appellate attorney fees to Bruce.

Case No. 17-1319:  Lance Brooks v. State of Iowa

Filed Sep 12, 2018

View Opinion No. 17-1319

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  affirmed.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (11 pages)

            Lance Brooks appeals the denial of his postconviction-relief application, raising claims of error by the postconviction court and alleging ineffective assistance of counsel.  OPINION HOLDS: We affirm the postconviction court’s denial of Brooks’ postconviction-relief application. 

Case No. 17-1391:  In re the Marriage of Ware

Filed Sep 12, 2018

View Opinion No. 17-1391

           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 Tabor, J.  (12 pages)

Doug Ware appeals the order to pay traditional spousal support, citing the parties’ fourteen-year separation during their twenty-five-year marriage.  Doug also requests an award of appellate attorney fees.  OPINION HOLDS: Based on the statutory factors, the district court did not fail to do equity in awarding Kristi Ware traditional spousal support.  We affirm.  We deny Doug’s request for attorney fees.

Case No. 17-1394:  State of Iowa v. Joel Enrique Herrarte Jr.

Filed Sep 12, 2018

View Opinion No. 17-1394

            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 Potterfield, P.J.  (6 pages)

            Joel Herrarte Jr. challenges the district court’s determination that kidnapping in the third degree was a lesser-included offense of kidnapping in the second degree.  Alternatively, he claims his trial counsel provided ineffective assistance for urging the court to determine that it was a lesser-included offense.  Additionally, he maintains the trial court relied upon an improper factor during sentencing.  OPINION HOLDS: Herrarte failed to preserve error regarding whether third-degree kidnapping is a lesser-included offense of kidnapping in the second degree, and we do not consider it.  The record is not adequate to decide his alternative argument, raised under the ineffective-assistance framework, so we preserve it to allow for further development of the record in postconviction-relief proceedings.  Because the district court did not rely on an improper factor during sentencing, we affirm Herrarte’s sentences.

Case No. 17-1396:  Betty Andrews v. Alice Carter, Anthony Carter, Cassius Robinson and Dena Robinson

Filed Sep 12, 2018

View Opinion No. 17-1396

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

             Betty Andrews appeals the district court decision quieting title to certain real property in Alice Carter.  OPINION HOLDS: We find Ruby Smiley intended for Alice to have present title to the property, without any reservation of control, when she gave Alice a quit claim deed to the property.  We also find Betty has not established the right to establish a constructive trust by clear, convincing, and satisfactory evidence.  We affirm the decision of the district court.

Case No. 17-1425:  Mario Guerrero-Cordero v. State of Iowa

Filed Sep 12, 2018

View Opinion No. 17-1425

           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 Tabor, J.  (8 pages)

           Mario Guerrero Cordero appeals the district court’s denial of his application for postconviction relief. He argues his trial counsel was ineffective in failing to adequately investigate the possibility of using an expert witness to support an intoxication defense.  OPINION HOLDS: We conclude trial counsel diligently pursued an intoxication defense. We affirm the denial of Guerrero Cordero’s application for postconviction relief.

Case No. 17-1433:  In the Interest of S.B., Minor Child

Filed Sep 12, 2018

View Opinion No. 17-1433

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

            A father appeals the juvenile court’s decision terminating his parental rights in a private termination action brought by the child’s legal guardian.  OPINION HOLDS:  There is sufficient evidence in the record to show the father abandoned the child and termination of the father’s parental rights is in the child’s best interests.  We affirm the juvenile court.

Case No. 17-1458:  The Carroll Airport Commission (Operating the Arthur N. Neu Municipal Airport) v. Loren W. Danner and Pan Danner

Filed Sep 12, 2018

View Opinion No. 17-1458

           Appeal from the Iowa District Court for Carroll County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (9 pages)

           The defendants, Loren and Pan Danner, appeal from the district court ruling granting the Carroll Airport Commission’s petition for abatement of a nuisance.  The court determined the grain leg built by the Danners on their property, near the Arthur E. Neu Airport, was a nuisance, as it violated local and state zoning ordinances and statutes and ordered the Danners to “abate said nuisance by either removing the grain leg structure or modifying the height of the grain leg structure to be in compliance with the regulations and law concerning the Airport’s protect[ed] airspace.”  On appeal, the Danners contend the “no hazard” letter they obtained from the Federal Aviation Administration (FAA) in July 2013 preempted the district court’s enforcement of state law.  OPINION HOLDS: Because the application of local and state provisions defining the Danners’ grain leg as an airport hazard and a nuisance is not preempted by the FAA’s determination that the grain leg is not a hazard, we affirm the district court’s order requiring the Danners to abate the nuisance. 

Case No. 17-1525:  Christine Keeran v. Quaker Oats Company, Indemnity Insurance Company of North America and Second Injury Fund of Iowa

Filed Sep 12, 2018

View Opinion No. 17-1525

           Appeal from the Iowa District Court for Polk County, Lawrence P. McClellan, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (8 pages)

            Christine Keeran appeals the denial of her request for workers’ compensation benefits for cumulative injuries to her knees.  She alleges the workers’ compensation commissioner used the wrong legal standard regarding causation and the commissioner’s factual findings were not supported by substantial evidence.  OPINION HOLDS: The commissioner used the correct legal standard for causation and substantial evidence supported the commissioner’s factual findings.

Case No. 17-1556:  State of Iowa v. Jason Shimar Keys

Filed Sep 12, 2018

View Opinion No. 17-1556

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (3 pages)

            The defendant appeals the district court’s denial of his motion for new trial.  OPINION HOLDS: Because the district court did not abuse its discretion under weight-of-the-evidence standard, we affirm.

Case No. 17-1559:  In the Matter of the Guardianship of D.B., L.B., and A.B.

Filed Sep 12, 2018

View Opinion No. 17-1559

           Appeal from the Iowa District Court for Hamilton County, Timothy J. Finn, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. Dissent by McDonald, J. (14 pages)

            A father, Edward, appeals the district court’s appointment of guardians for three of his children following the death of the custodial mother.  OPINION HOLDS: We find substantial evidence in the record supports the district court’s determination that a guardianship is warranted and the appointment of guardians.  DISSENT ASSERTS: The nonparent guardians failed to rebut the presumption favoring placement with the biological parent.  The district court erred in viewing the nonparent guardians and biological father as holding equal interests in the children.  The father has demonstrated an ability to parent the children by maintaining a relationship with them and providing them with financial support.  His past criminal history does not impair his ability to parent in the present; and post incarceration, the father rehabilitated himself.

Case No. 17-1568:  In re the Marriage of Mack

Filed Sep 12, 2018

View Opinion No. 17-1568

           Appeal from the Iowa District Court for Audubon County, James S. Heckerman, Judge.  AFFIRMED AS MODIFIED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J. (21 pages)

            Eddie Mack appeals from the decree of dissolution of his marriage to Kathy Mack.  He raises four claims: 1) the district court should have imposed discovery sanctions when Kathy failed to turn over business records; (2) the property division was inequitable; (3) the court should have ordered Kathy to pay trial attorney fees; and (4) the decree improperly included a noncompetition clause; limiting Eddie’s future business prospects.  OPINION HOLDS: After our de novo review of the trial record, we find Eddie failed to preserve error on the first issue.  On the remaining claims, we find the decree to be equitable—with two small exceptions.  Due to a mathematical error, we modify Kathy’s equalization payment slightly in Eddie’s favor.  We also order Kathy to pay $7000 toward Eddie’s trial attorney fees.  We affirm the decree as modified. 

Case No. 17-1573:  Craig Helmick and Rita Adam v. Louisa County Board of Supervisors

Filed Sep 12, 2018

View Opinion No. 17-1573

           Appeal from the Iowa District Court for Louisa County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Doyle, P.J., Bower, J., and Mahan, S.J.  Opinion by Mahan, S.J. (6 pages)

           Craig Helmick and Rita Adam appeal the dismissal of their writ of certiorari challenging the procedure used to remove them from a county board of health.  OPINION HOLDS: The county board of supervisors complied with the correct statutorily-required removal procedure when removing Helmick and Adam.

Case No. 17-1622:  State of Iowa v. Destiny Sumpter

Filed Sep 12, 2018

View Opinion No. 17-1622

            Appeal from the Iowa District Court for Boone County, James B. Malloy and Paul G. Crawford, District Associate Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Destiny Sumpter appeals her convictions for possession of methamphetamine (second offense) and possession of marijuana (second offense).  OPINION HOLDS: We conclude the seizure of Sumpter’s cell phone was supported by probable cause and exigent circumstances.  Accordingly, we affirm the district court’s denial of Sumpter’s suppression motion.

Case No. 17-1646:  Anthony S. Jones v. Great River Medical Center and Maria Schnitzer, M.D.

Filed Sep 12, 2018

View Opinion No. 17-1646

           Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (9 pages)

            Anthony Jones appeals the district court’s dismissal of his medical malpractice action against Great River Medical Center on statute-of-limitations grounds because Jones’s original electronic filing before expiration of the limitations period omitted counsel’s signature.  OPINION HOLDS: While we find Jones’s resubmission relates back to his original filing, Jones did not serve Great River within ninety days after filing the petition.  Jones did not show good cause for the delay. Accordingly, we affirm the district court’s dismissal.

Case No. 17-1664:  In re the Marriage of Woodhouse

Filed Sep 12, 2018

View Opinion No. 17-1664

            Appeal from the Iowa District Court for Hamilton County, Timothy J. Finn, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (11 pages)

            Dr. Donald Woodhouse appeals the economic provisions of the decree dissolving his marriage to Dr. Mary Lou Ernst-Woodhouse.  OPINION HOLDS: I. A. We modify the decree to set off $253,730 of the value of the Warren County farm to Mary Lou as inherited property and award each party $245,385 of the remaining value.  B. We decline to set off $90,000 of the Edward Jones account’s value to Donald as inherited property and affirm its award to Mary Lou.  C. To provide a more equitable division of the marital property, we modify the decree to order Mary Lou to make a $300,000 payment to Donald.  II. Because the visitation schedule set forth in the decree provides Donald with more than 167 overnight visits with the parties’ minor child, Donald is entitled to a credit for extraordinary visitation under Iowa Court Rule 9.9.  III. Donald failed to preserve error on his claim concerning Mary Lou’s overpayment of taxes.

Case No. 17-1665:  Steve Gustafson and Janelle Gustafson v. The Board of Adjustment of Buena Vista County, Iowa and Mark Snyder

Filed Sep 12, 2018

View Opinion No. 17-1665

           Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (10 pages)

           Steve and Janelle Gustafson appeal the denial of a writ of certiorari of the decision by the county board of adjustment approving a building permit on a nonconforming lot.  OPINION HOLDS: The district court did not err in its denial of the writ of certiorari or in its ordinance interpretation.

Case No. 17-1698:  Max Thorndike v. State of Iowa

Filed Sep 12, 2018

View Opinion No. 17-1698

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

            Max Thorndike appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We find trial counsel was not ineffective, and therefore neither were appellate or PCR counsel.  We affirm the district court.  SPECIAL CONCURRENCE ASSERTS: I concur in the judgment on the ground the applicant failed to preserve error on his claim.

Case No. 17-1736:  State of Iowa v. Kassaun L. Brown

Filed Sep 12, 2018

View Opinion No. 17-1736

            Appeal from the Iowa District Court for Jones County, Chad A. Kepros and Paul D. Miller, Judges.  conviction affirmed and sentence vacated in part.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (4 pages)

            Kassaun Brown appeals his conviction and sentence after pleading guilty to one count of assault causing bodily injury.  OPINION HOLDS: I. We preserve Brown’s claim that the district court failed to substantially comply with the requirements of Iowa Rule of Criminal Procedure 2.8(2)(b) for postconviction relief because the record on direct appeal is insufficient.  II. We vacate the portion of Brown’s sentence imposing a criminal fine because the court assessed this amount as a civil penalty when it deferred judgment. 

Case No. 17-1770:  Austin Lee Murray v. State of Iowa

Filed Sep 12, 2018

View Opinion No. 17-1770

           Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Mahan, S.J.  Opinion by Mahan, S.J. (6 pages)

           Austin Murray appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Because Murray seeks to challenge his special sentences, which are not yet in effect, the issue is not yet ripe for review, and summary dismissal was appropriate.

Case No. 17-1774:  Ronald William Brinck v. Siouxland Mental Health Center and The Cincinnati Insurance Company

Filed Sep 12, 2018

View Opinion No. 17-1774

            Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (14 pages)

            Ronald Brinck appeals the dismissal of his petition for judicial review affirming the Workers’ Compensation Commissioner’s denial of his petition to review-reopen a prior action.  OPINION HOLDS: Substantial evidence by way of an expert’s reasonable opinion supports the agency’s determination that Brinck failed to establish his psychosis was proximately caused by his 2009 injury.  Moreover, the district court did not err in affirming the agency’s conclusion that, even if Brinck could establish causation, his claim is barred by res judicata because he could have litigated the issue at the time of his settlement but did not.  Accordingly, we affirm the district court’s ruling denying Brinck’s petition for judicial review.

Case No. 17-1828:  State of Iowa v. Derek E. Ueligger

Filed Sep 12, 2018

View Opinion No. 17-1828

            Appeal from the Iowa District Court for Adair County, Martha L. Mertz and Terry R. Rickers, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (7 pages)

            Derek Ueligger appeals his sentences for two counts of vehicular homicide.  OPINION HOLDS:  Counsel’s failure to object to the admission of a victim impact statement not admissible under statute did not result in a different outcome of the sentencing proceeding, so no prejudice occurred.  We affirm.

Case No. 17-1832:  State of Iowa v. Troy Worby

Filed Sep 12, 2018

View Opinion No. 17-1832

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

            Troy Worby appeals his sentence for animal neglect.  He alleges the district court imposed unlawful special terms and conditions of probation.  Additionally, he argues he was denied a meaningful right to allocution.  OPINION HOLDS: The special terms and conditions of his probation were lawful, and the court afforded Worby a meaningful allocution.

Case No. 17-1839:  State of Iowa v. Saivon Isaiah McGruder

Filed Sep 12, 2018

View Opinion No. 17-1839

            Appeal from the Iowa District Court for Polk County, Paul Scott and Karen A. Romano, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (6 pages)

            Saivon McGruder appeals his convictions of theft in the first and third degrees and robbery in the first degree.  McGruder claims the district court erred in denying his motion for substitute counsel.  OPINION HOLDS: McGruder waived his claim in regard to both theft convictions by pleading guilty to the theft charges and affirming his satisfaction with counsel during his plea.  McGruder did not provide any ground supporting appointment of new counsel in regard to the robbery charge.

Case No. 17-1849:  In re the Marriage of Jensen

Filed Sep 12, 2018

View Opinion No. 17-1849

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (15 pages)

            Noah Jensen appeals from the decree dissolving his marriage to Elizabeth (Beth) Stulgies, which modified certain provisions contained in the parties’ separate maintenance decree.  Noah argues the district court acted improperly by treating the petition as a modification, finding a substantial change in circumstances, modifying the custody and care provisions to award joint legal custody and physical care to Beth, and ordering him to pay child support.  He also contends the district court should not have found Beth and her witnesses credible, failed to give proper weight to his expert witness, and decided the issues based on religious grounds.  OPINION HOLDS: We agree with the court’s treatment of the petition as a modification and its determinations of witness credibility, and we find the court did not improperly consider religion.  We also agree Beth showed a substantial change in circumstances warranting modification, and we agree with the court’s awards of joint legal custody, physical care, and child support.  Finally, we award appellate attorney fees to Beth.

Case No. 17-1876:  In the Matter of the Estate of Thomas James Klein, deceased

Filed Sep 12, 2018

View Opinion No. 17-1876

            Appeal from the Iowa District Court for Sac County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  Special Concurrence by Danilson, C.J.  (9 pages).

In this will-contest action, Thomas Klein’s children, Kari Klein Borroel and Matthew Klein, argue the district court erred in granting the executor’s motion for summary judgment.  OPINION HOLDS: Because the witness’s deposition establishes the essential elements to formally execute a will, the district court did not err in granting summary judgment in favor of the estate.  SPECIAL CONCURRENCE ASSERTS: I conclude there is no credibility issue that must be determined by the jury.  The nonmoving party should not be able to avoid summary judgment by raising a credibility issue that does not exist. I agree the district court should be affirmed.

Case No. 17-1987:  Simon Seeding & Sod, Inc. v. Dubuque Human Rights Commission and Jermaine Stapleton

Filed Sep 12, 2018

View Opinion No. 17-1987

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Jermaine Stapleton appeals the district court’s ruling denying his application for appellate attorney fees.  OPINION HOLDS: We reverse the denial of Stapleton’s request for appellate attorney fees.  We remand for consideration of the attorney-fee request on the merits.

Case No. 17-2028:  In re the Marriage of Ficek

Filed Sep 12, 2018

View Opinion No. 17-2028

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

            Christi Ficek appeals from a decree dissolving her marriage to Lawrence Ficek.  Christi argues the district court erred by granting the parties joint physical custody of their child and awarding Lawrence part of Christi’s retirement account and pension account.  OPINION HOLDS: Because joint physical care is in the best interests of the child, we affirm the decree’s physical care arrangement.  Also, because of Lawrence’s financial and nonfinancial contributions to the marriage, we affirm the district court’s property distribution.  We decline to award either party appellate attorney fees and tax costs to both parties equally.  PARTIAL DISSENT ASSERTS: I respectfully dissent on the issue of physical care but concur in all other respects. I would reverse in part to award Christi physical care of the minor child.

Case No. 17-2034:  In re the Marriage of Widdison

Filed Sep 12, 2018

View Opinion No. 17-2034

            Appeal from the Iowa District Court for Woodbury County, Nancy L. Whittenburg, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Carr, S.J., takes no part.  Opinion by Doyle, J. (9 pages)

            Harold Widdison appeals the order modifying the child-visitation and child-support provisions of the decree dissolving his marriage to Amy Widdison, now known as Amy Dendy.  OPINION HOLDS: I. The slight decrease in Harold’s visitation during the school year is in the children’s best interests.  II. We reverse the portion of the order increasing the amount of Harold’s child-support obligation because Amy did not request any increase.  III. We do not consider Harold’s claim regarding the district court’s failure to disclose information, which he raised for the first time in his reply brief.  IV. Because the district court acted within its discretion in awarding Amy trial attorney fees, we affirm.  Considering the income disparity between the parties, we award Amy $3400 of her appellate attorney fees.

Case No. 17-2055:  In re the Marriage of Bailey

Filed Sep 12, 2018

View Opinion No. 17-2055

            Appeal from the Iowa District Court for Audubon County, Susan L. Christensen, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (19 pages)

            Amie Jo Russell (formerly Bailey) appeals from the district court’s modification of the decree dissolving her marriage to Lee Bailey.  OPINION HOLDS:  Upon our de novo review, we agree with Amie that it is necessary to use Lee’s earning capacity in calculating Amie’s child support obligation under the child support guidelines to provide for the needs of the parties’ minor children and do justice between the parties under the special circumstances of this case.  Consequently, we modify the court’s order and remand for the district court to recalculate Amie’s child support obligation.  We affirm in all other respects.  We do not retain jurisdiction.  Any costs are assessed equally to the parties.

Case No. 17-2104:  State of Iowa v. Benjamin T. Gordon

Filed Sep 12, 2018

View Opinion No. 17-2104

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

           Benjamin Gordon appeals his convictions, following guilty pleas, of second-degree theft and third-degree burglary.  He claims his trial counsel was ineffective in allowing him to plead guilty when there was a lack of a factual basis for the charges, specifically the requisite intent.  OPINION HOLDS: We find there is an adequate factual basis in the record. 

Case No. 18-0006:  Miranda Petithory-Metcalf v. State of Iowa

Filed Sep 12, 2018

View Opinion No. 18-0006

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

           Miranda Petithory-Metcalf (Petithory) appeals the district court decision denying her application for postconviction relief from her conviction for second-degree murder.  OPINION HOLDS:  We conclude Petithory has not shown she received ineffective assistance due to defense counsel’s strategic decision to withdraw the motion to suppress a videotape.  We affirm the district court’s decision denying Petithory’s application for postconviction relief.

Case No. 18-0025:  In the Interest of K.C., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-0025

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler and Cheryl E. Traum, District Associate Judges.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (7 pages)

            K.C. appeals his adjudication as a delinquent for lascivious acts with a child under Iowa Code section 709.8 (2016).  He argues that the district court’s determination was not supported by sufficient evidence because the alleged victim, A.A., was not a credible witness and K.C. lacked the requisite specific intent.  OPINION HOLDS: The district court’s adjudication of K.C. for the delinquent act of lascivious acts with a child is supported with sufficient evidence, thus we affirm.

Case No. 18-0027:  Estate of Lucas Lodermeier v. John L. Timmons

Filed Sep 12, 2018

View Opinion No. 18-0027

            Appeal from the Iowa District Court for Story County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (5 pages)

            The estate of Lucas Lodermeier appeals the directed verdict in a legal malpractice claim against John Timmons.  OPINION HOLDS: Because we find no evidence of collectability against the initial defendant to support causation or damages in the malpractice claim, we affirm.

Case No. 18-0046:  State of Iowa v. Elgin Shabazz Richmond Sr.

Filed Sep 12, 2018

View Opinion No. 18-0046

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            Elgin Richmond Sr. appeals from the district court’s judgment and sentence, ordering him to pay $3255.20 for expert-witness fees.  He argues the court was wrong to order him to pay his expert-witness fees and failed to determine whether he had the reasonable ability to the pay the fee.  In the alternative, he maintains he received ineffective assistance from trial counsel because counsel failed to request authorization to obtain an expert at public expense and failed to contest Richmond’s ability to pay fees and costs.  OPINION HOLDS: Because we find no error in the court’s decision ordering Richmond to pay his expert-witness fees, we affirm the court’s judgment and sentence.  We preserve Richmond’s claims of ineffective assistance for later postconviction-relief proceedings.

Case No. 18-0056:  Dolgorsuren Schmidt v. James Quinn

Filed Sep 12, 2018

View Opinion No. 18-0056

           Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J. (7 pages)

           A mother appeals the denial of her petition to modify the physical-care and child support provisions of her dissolution decree.  OPINION HOLDS: Because the mother could not show a material and substantial change in circumstance beyond the contemplation of the decretal court, modification is not warranted.

Case No. 18-0104:  Julie A. Embring v. OB-GYN Specialists, P.C. and Brett R. Richman, M.D.

Filed Sep 12, 2018

View Opinion No. 18-0104

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  affirmed.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (7 pages)

            Julie Embring filed a medical malpractice action against Dr. Brett Richman and OB-GYN Specialists, P.C.  Dr. Richman and OB-GYN Specialists sought and were granted summary judgment on the ground that Embring’s lack of expert testimony on the standard of care prevented her from establishing a prima facie case of medical negligence.  OPINION HOLDS: Because there was not good cause to continue trial or to extend Embring’s expert witness deadlines, Embring could not produce an expert opinion to support her claim of medical negligence and the district court properly granted summary judgment for Dr. Richman and OB-GYN Specialists.

Case No. 18-0183:  In re the Marriage of Flaugh

Filed Sep 12, 2018

View Opinion No. 18-0183

            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.  (5 pages)

            A mother appeals the physical care and visitation provisions of the parties’ dissolution decree.  OPINION HOLDS: We find the father is the more stable parent and he should have physical care of the child.  The mother’s proposed adjustment to the visitation schedule would not be in the child’s best interests.  We affirm the physical care and visitation provisions of the dissolution decree.

Case No. 18-0246:  In the Matter of M.R., Alleged to be Seriously Mentally Impaired

Filed Sep 12, 2018

View Opinion No. 18-0246

            Appeal from the Iowa District Court for Johnson County, Kevin Mckeever, Judge.  APPEAL DISMISSED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J.  (4 pages)

            M.R. appeals an order of the district court finding he remains seriously mentally impaired.  M.R. argues the State failed to prove he lacked sufficient judgment to make reasonable decisions about his treatment, and there was not substantial evidence of dangerousness because there was no evidence of a recent overt act, attempt, or threat.  OPINION HOLDS: Because M.R.’s appeal was not timely filed, we lack jurisdiction and dismiss his appeal.

Case No. 18-0280:  In the Interest of G.M., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-0280

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (6 pages)

            The father appeals the termination of his parental rights to his child, G.M.  The father maintains there is not clear and convincing evidence he abandoned his child within the meaning of Iowa Code section 600A.8(3)(b) (2017) and termination is not in the child’s best interests.  OPINION HOLDS: Because there is clear and convincing evidence the father abandoned the child and termination is in G.M.’s best interests, we affirm.

Case No. 18-0300:  State of Iowa v. Sam Chester Thomas II

Filed Sep 12, 2018

View Opinion No. 18-0300

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

            Sam Thomas appeals his convictions for operating a motor vehicle while intoxicated, third offense, and driving while barred, contending the district court abused its discretion in failing to honor a plea agreement without giving him an opportunity to withdraw his plea.  OPINION HOLDS: The court did not agree to be bound by the sentencing recommendation, and we discern no abuse of discretion in the district court’s decision to impose terms of incarceration.  We affirm.

Case No. 18-0465:  In the Interest of B.A., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-0465

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to his minor child contending the State failed to prove the grounds for termination cited by the district court.  OPINION HOLDS: We affirm the termination of the father’s parental rights to his minor child.

Case No. 18-0531:  In the Interest of L.C. and K.C., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-0531

           Appeal from the Iowa District Court for Clay County, Charles K. Borth, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., Vogel, J., and Blane, S.J.  Opinion by Blane, S.J. (13 pages)

            A father appeals from termination of his parental rights to two children.  OPINION HOLDS: Clear and convincing evidence supports termination of the father’s parental rights under Iowa Code section 232.116(1)(h) (2018).  Termination is in the children’s best interests, and no statutory exception should be applied to prevent termination.  We find no grounds to support the father’s request for an additional six months or for a guardianship in his mother.  We affirm the juvenile court. 

Case No. 18-0558:  In the Interest of B.B. and E.B., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-0558

            Appeal from the Iowa District Court for Page County, Amy L. Zacharias, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  Special Concurrence by Danilson, C.J.  (10 pages)

            A father appeals from the juvenile court order adjudicating two of his five children, E.B. and B.B., in need of assistance, pursuant to Iowa Code section 232.2(6)(b) (2017).  He contends the State did not present clear and convincing evidence of physical abuse or neglect or that physical abuse or neglect were imminently likely, and continued adjudication is not in the children’s best interests.  OPINION HOLDS: On our de novo review, we find adjudication was supported as to B.B. but not E.B.  Accordingly, we affirm in part and reverse in part.  SPECIAL CONCURRENCE ASSERTS: I write separately to expand upon why In re D.B., No.17-0740, 2017 WL 4317337, at *6 (Iowa Ct. App. Sept. 27, 2017), does not serve to support adjudication of E.B. in this case. 

Case No. 18-0696:  In the Interest of J.B., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-0696

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  REVERSED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Tabor, J., takes no part.  Opinion by Potterfield, P.J. (11 pages)

            The guardian ad litem for J.B., joined by the State, appeals both the district court order dismissing the State’s petition to terminate parental rights and the permanency order continuing reunification efforts with the mother.  OPINION HOLDS: Because we find the State proved the grounds for termination by clear and convincing evidence, we reverse the district court’s order dismissing the State’s petition and terminate the mother’s parental rights. 

Case No. 18-0851:  In the Interest of C.V. and J.V., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-0851

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (8 pages)

            A mother and father separately appeal the termination of parental rights.  OPINION HOLDS:  Because we find clear and convincing evidence that grounds for termination of the mother’s parental rights were established under Iowa Code section 232.116(1)(h) (2017), termination of the parents’ parental rights is in the children’s best interests, reasonable services for reunification were provided, and an extension of time for reunification is not supported under the facts of the case, we affirm the juvenile court’s order terminating the parents’ parental rights.

Case No. 18-0855:  In the Interest of A.S., T.S., and K.R., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-0855

           Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (10 pages)

           A mother appeals the juvenile court’s termination of her parental rights.  OPINION HOLDS:  We find the State made reasonable efforts to help the mother, demonstrated by clear and convincing evidence that the children could not be returned to the mother’s custody, an extension of time is unwarranted, and termination is in the best interests of the children.  We affirm.

Case No. 18-0890:  In the Interest of R.M. and K.M., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-0890

            Appeal from the Iowa District Court for Mills County, Craig M. Dreismeier, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            A mother and father appeal the termination of their parental rights to their children.  Both parents challenge the evidence supporting the grounds for termination cited by the district court.  The father also argues the State failed to make reasonable efforts toward reunification, termination was not in the children’s best interests, and the court should have declined to terminate his parental rights based on the strength of the parent-child bond.  OPINION HOLDS: We affirm the termination of the parents’ rights to the children.

Case No. 18-0921:  In the Interest of T.I. and M.I., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-0921

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (7 pages)

            A mother appeals the order removing her children from her care.  OPINION HOLDS: Because the State presented sufficient evidence to justify the temporary removal of the children from the mother’s home, we affirm. 

Case No. 18-0934:  In the Interest of P.H., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-0934

            Appeal from the Iowa District Court for Chickasaw County, David F. Staudt, 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 under Iowa Code section 232.116(1)(f) (2018), arguing the State failed to prove P.H. could not be returned to the mother’s custody at the time.  OPINION HOLDS: We find the statutory grounds for termination were established by clear and convincing evidence.  We affirm the juvenile court order terminating the mother’s parental rights.

Case No. 18-0937:  In the Interest of A.H. and I.H., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-0937

            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 Mullins, J.  (7 pages)

            A father appeals the termination of his parental rights to his two children, contending: (1) the State failed to prove the statutory grounds for termination by clear and convincing evidence, (2) termination is not in the best interests of the children, and (3) the statutory exception contained in Iowa Code section 232.116(3)(c) (2018) should be applied to preclude termination.  OPINION HOLDS: Upon our de novo review, we affirm the termination of the father’s parental rights. 

Case No. 18-0986:  In the Interest of E.T., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-0986

            Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because we find the State proved the grounds for termination under Iowa Code section 232.116(1)(f) (2018) by clear and convincing evidence, the mother was provided reasonable efforts, and termination is in the child’s best interests, we affirm. 

Case No. 18-1023:  In the Interest of P.J., C.J., T.J., and G.J., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-1023

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (9 pages)

            A father appeals the child-in-need-of-assistance adjudication order temporarily removing his children from his care and the dispositional order continuing their removal.  OPINION HOLDS:  The father’s claim regarding the adjudication order is moot.  The children’s continued removal from the father’s care is supported by clear and convincing evidence.  We affirm.

Case No. 18-1028:  In the Interest of M.M., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1028

            Appeal from the Iowa District Court for Woodbury 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.  (7 pages)

            Michelle appeals the termination of her parental rights in her child.  Michelle’s parents, as intervenors, appeal the placement of the child’s custody and control with the Iowa Department of Human Services (IDHS) instead of them.  OPINION HOLDS: The child could not be returned to the mother’s care without continued risk of harm.  Termination was appropriate.  Because the intervenors failed to show they could provide adequate care for the child, we conclude the juvenile court did not err in placing custody and control of the child with IDHS.

Case No. 18-1042:  In the Interest of N.Y. and F.Y., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-1042

            Appeal from the Iowa District Court for Jones County, Deborah F. Minot, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (7 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS:  We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights.  Termination of her rights is in the children’s best interests.  The mother has not met her burden to establish an exception to termination should be applied.  We affirm the decision of the juvenile court.

Case No. 18-1059:  In the Interest of B.C., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1059

           Appeal from the Iowa District Court for Decatur County, Monty W. Franklin, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Danilson, C.J. (7 pages)

           The father appeals the termination of his parental rights to B.C., born in 2011, arguing he can care for his child at present.  OPINION HOLDS: We agree with the trial court that the child cannot be returned to the father at present without risk of adjudicatory harm.  Because there is clear and convincing evidence to support termination under Iowa Code section 232.116(1)(f) (2018) and termination is in the child’s best interest, we affirm the termination of the father’s parental rights.

Case No. 18-1070:  In the Interest of J.B. and O.B., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-1070

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (6 pages)

            A mother and a father separately appeal the termination of their parental rights to their children.  OPINION HOLDS: On de novo review of the evidence admitted properly at the termination hearing, we conclude clear and convincing evidence supports the grounds for termination under Iowa Code section 232.116(1)(h) (2018) and delaying termination is contrary to the children’s best interests.  The record shows that in spite of the efforts made to preserve the family, the children could not be returned to the care of either the mother or the father at the time of the termination hearing.

Case No. 18-1071:  In the Interest of S.F. and T.S., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-1071

            Appeal from the Iowa District Court for Scott County, Christine Dalton Ploof, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (7 pages)

            A father appeals the juvenile court’s termination of his parental rights.  OPINION HOLDS: The father’s parental rights were properly terminated under section 232.116(1)(h) (2018), no exceptions apply, and termination is in the child’s best interests.  We affirm.

Case No. 18-1095:  In the Interest of G.Y., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1095

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  conditionally affirmed and remanded.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (9 pages)

            A father appeals the termination of his parental rights to his son, arguing the juvenile court erred in three respects: First, by failing to send the proper notice under the Iowa Indian Child Welfare Act (ICWA) to the Native American tribe of his claimed ancestry; second, by terminating his parental rights when the State failed to make reasonable efforts to reunify him with his son as required by Iowa Code section 232.102(6)(b) (2018); and third, by finding the State proved the child could not be returned to his custody.  OPINION HOLDS: We find the father’s affidavit regarding his Native American heritage places the court on alert the child may have Native American heritage, triggering the tribal notice requirements of the Iowa ICWA; but the father failed to preserve error on his reasonable-efforts claim, and the statutory grounds for termination were established by clear and convincing evidence. Accordingly, we conditionally affirm, but remand for the purpose of providing proper notice to any interested Indian tribe.

Case No. 18-1106:  In the Interest of A.W., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1106

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (12 pages)

            A mother and father separately appeal the termination of their parental rights to A.W., born in March 2017.  The father argues: (1) the State failed to present clear and convincing evidence of the grounds for termination, (2) termination is not in the child’s best interests, (3) statutory exceptions to termination apply, and (4) additional time for reunification should be granted.  The mother challenges only the court’s denial of a six-month extension.  OPINION HOLDS: We find by clear and convincing evidence the grounds for terminating the father’s rights, termination is in A.W.’s best interests, and no statutory exceptions to termination apply.  We decline to grant either parent an extension and affirm the decision of the juvenile court to terminate the father’s and mother’s parental rights.

Case No. 18-1116:  In the Interest of D.R., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1116

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (6 pages)

            A mother appeals the termination of her parental rights in her child.  She challenges certain statutory grounds for termination and requests an additional six months to work toward reunification.  OPINION HOLDS: Because the mother does not challenge all statutory bases relied upon, we terminate based on those grounds she did not challenge without further consideration.  We find an additional six months would be inappropriate because the grounds for termination will likely remain.

Case No. 18-1130:  In the Interest of N.M., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1130

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (3 pages)

            The father appeals the termination of his parental rights to N.M.  He argues termination is not in the child’s best interests and he asks for additional time for reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

Case No. 18-1134:  In the Interest of K.N., L.N., and V.N., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-1134

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

            A father appeals the termination of his parental rights to his three children.  OPINION HOLDS: We agree with the district court that the statutory grounds for termination were met and that termination was in the children’s best interests. 

Case No. 18-1139:  In the Interest of T.B., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1139

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (12 pages)

            A mother appeals the termination of her parental rights in her child.  OPINION HOLDS: The State established the statutory elements authorizing termination, the conditions giving rise to termination would not abate in six months, and termination is in the child’s best interest.  The State made reasonable efforts supporting reunification.  The State also complied with the Indian Child Welfare Act.  The mother did not preserve her challenge related to the social history report because she did not bring her challenge at the juvenile court.

Case No. 18-1159:  In the Interest of T.P., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1159

            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)

            The mother and father separately appeal the termination of their parental rights to their son, T.P.  They argue the statutory grounds for termination have not been met and termination is not in the child’s best interests.  OPINION HOLDS: The statutory grounds for termination have been met and the parents have not demonstrated they are capable of caring for T.P. now or in the future.  Therefore, we affirm. 

Case No. 18-1165:  In the Interest of L.B., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1165

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Tabor, J., takes no part.  Opinion by McDonald, J.  (4 pages)

            A father appeals a dispositional order placing his child in the custody of the Iowa Department of Human Services  for placement in family foster care. He challenges both the juvenile court’s grant of custody to the Department and the Department’s placement of the child in foster care.  OPINION HOLDS: Because the Department was the preferable custodian, the juvenile court did not err in granting the Department custody of the child. We find that the father’s challenge to the Department’s placement of the child in foster care fails because the Department, as legal custodian of the child, has the authority to place the child in foster care.

Case No. 18-1167:  In the Interest of E.C., Minor Child

Filed Sep 12, 2018

View Opinion No. 18-1167

            Appeal from the Iowa District Court for Cass County, Amy L. Zacharias, District Associate Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (13 pages)

            The father appeals the termination of his parental rights to his child, E.C.  The juvenile court terminated the father’s parental rights pursuant to Iowa Code section 232.116(1)(d), (h), and (i) (2018).  The father challenges the statutory grounds, maintains termination is not in E.C.’s best interests, and argues a permissive factor weighs against termination.  He asks us to reverse the termination and return E.C. to his care but argues in the alternative that the juvenile court should have given him an extension of time to work toward reunification.  OPINION HOLDS: Upon our de novo review of the record, there is not clear and convincing evidence to support any of the statutory grounds for termination.  We reverse the juvenile court’s termination of the father’s parental rights to E.C. and remand for dismissal of the termination petition as to the father.

Case No. 18-1177:  In the Interest of J.B., M.S., and A.S., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-1177

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Intervenors R.W. and S.W., relatives of three siblings, contend the department of human services failed to make reasonable efforts to keep the three siblings together.  OPINION HOLDS: We reverse and remand for the department to satisfy its statutory obligation under Iowa Code section 232.108 (2018) to make reasonable efforts to keep the siblings together as well as its statutory obligation to give preference to relatives in the placement decision.  

Case No. 18-1193:  In the Interest of A.R., B.R., A.M., and R.T., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-1193

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (10 pages)

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

Case No. 18-1239:  In the Interest of J.K. and S.K., Minor Children

Filed Sep 12, 2018

View Opinion No. 18-1239

            Appeal from the Iowa District Court for Cherokee County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (10 pages)

            A mother appeals the termination of her parental rights to her two minor children, born in 2007 and 2011.  She argues: (1) the State failed to prove the statutory grounds for termination by clear and convincing evidence, (2) termination is not in the best interests of the children, (3) the juvenile court should have applied the statutory exception to termination contained in Iowa Code section 232.116(3)(c) (2018), and (4) the court erred in declining to grant her a six-month extension to work toward reunification.  OPINION HOLDS: We conclude the State presented sufficient evidence to support termination, termination is in the best interests of the children, the application of an exception to termination is unwarranted, and the mother is not entitled to an extension.  We affirm the juvenile court order terminating the mother’s parental rights. 

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