Skip to main content
Iowa Judicial Branch
Main Content

2020 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

Case No. 19-0130:  Jeffrey Simmermaker v. Cedar County Attorney

Filed Dec 16, 2020

View Opinion No. 19-0130

            Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  AFFIRMED. Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Bower, C.J.  (9 pages)

            Jeffrey Simmermaker appeals the entry of summary judgment to the Cedar County Attorney in this action in which he alleged violations of his constitutional rights.  OPINION HOLDS:  We affirm.

Case No. 19-0377:  Christopher Lee Perry v. State of Iowa

Filed Dec 16, 2020

View Opinion No. 19-0377

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Postconviction relief applicant appeals the district court denial of his application finding criminal trial counsel’s failure to raise an intoxication defense was reasonable trial strategy.  OPINION HOLDS: We determine trial counsel breached an essential duty in failing to raise the intoxication defense, but in other respects was not incompetent and Perry was not prejudiced by counsel’s conduct.  We affirm.

Case No. 19-0394:  State of Iowa v. Mandell Clark

Filed Dec 16, 2020

View Opinion No. 19-0394

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (2 pages)

            Mandell Clark appeals from his guilty plea.  He asserts his counsel was ineffective by failing to exclude a witness’s testimony from the minutes of evidence after the witness did not comply with the deposition subpoena.  OPINION HOLDS: Clark does not assert his plea was either involuntarily or unknowingly entered.  Therefore, his claim on appeal is waived, and we affirm his conviction and sentence.

Case No. 19-0453:  State of Iowa v. Ethan L. Davis

Filed Dec 16, 2020

View Opinion No. 19-0453

            Appeal from the Iowa District Court for Appanoose County, Myron L. Gookin, Judge.  AFFIRMED AND REMANDED FOR ENTRY OF NUNC PRO TUNC ORDER.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J. (23 pages)

            Ethan Davis appeals from his conviction and sentence for murder in the first degree.  Davis argues (1) there is insufficient evidence to establish his identity as the perpetrator of the killing; (2) the court was wrong to deny his request for a specific jury instruction on reasonable doubt; (3) the court was wrong to prohibit defense counsel from using “hesitate to act” language to describe reasonable doubt during the defense’s closing argument; (4) the court was wrong to urge the jury to reach a verdict after being told it was deadlocked rather than simply telling the jury to reread the jury instructions already given; (5) the court allowed the State to impermissibly shift the burden of proof to Davis; and (6) a nunc pro tunc order is needed to make the court’s written sentencing order conform with its oral statements at sentencing.  OPINION HOLDS: We affirm Davis’s conviction for first-degree murder.  We remand to the district court for the limited purpose of entry of a nunc pro tunc order removing the court-cost and attorney-fee obligations from the sentencing order.

Case No. 19-0597:  State of Iowa v. Damarrius Todd

Filed Dec 16, 2020

View Opinion No. 19-0597

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (3 pages)

            Damerrius Todd appeals his conviction for sexual abuse in the third degree.  He claims he received ineffective assistance of counsel.  OPINION HOLDS: Todd’s claim is not sufficiently developed for consideration.  We preserve his ineffective-assistance claim for possible postconviction-relief proceedings.

Case No. 19-0680:  State of Iowa v. Gerald W. Miller

Filed Dec 16, 2020

View Opinion No. 19-0680

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            Gerald Miller appeals his convictions for second-degree sexual abuse and assault with intent to commit sexual abuse causing bodily injury.  He argues he did not receive a fair trial because of an improper jury pool and alleges there was insufficient evidence he committed a sex act.  He also challenges his sentence.  OPINION HOLDS: Miller failed to provide an adequate basis to challenge whether the jury pool represented a fair cross-section of persons in the community, and substantial evidence established Miller’s commission of sexual abuse in the second degree, so we affirm his conviction.  The district court did not abuse its discretion with the sentence imposed.  For the reasons provided, we affirm Miller’s convictions, and sentences. 

Case No. 19-0801:  State of Iowa v. Neil Sean Evans

Filed Dec 16, 2020

View Opinion No. 19-0801

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Neil Evans appeals his conviction for operating while intoxicated, third or subsequent offense.  OPINION HOLDS:  We determine Evans’s claims of ineffective assistance of counsel should be preserved for possible postconviction relief proceedings.  We affirm his conviction.

Case No. 19-0877:  Ricky Mahnesmith v. State of Iowa

Filed Dec 16, 2020

View Opinion No. 19-0877

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (13 pages)

            Ricky Mahnesmith appeals the summary dismissal of his postconviction-relief application, which sought relief related to his convictions in AGCR0225566 and FECR022424.  OPINION HOLDS: The postconviction court erred in dismissing Mahnesmith’s claims relating to AGCR0225566 as time-barred.  No new ground of law or fact excuses Mahnesmith’s failure to file his claims relating to FECR022424 within the three-year statutory period.  We remand Mahnesmith’s claims that (1) counsel was ineffective for failing to investigate potential defenses in AGCR0225566, (2) counsel was ineffective in failing to condition his plea on the court’s acceptance of the sentencing recommendation, and (3) his sentence was cruel and unusual punishment.  We also remand for the court to hold a hearing on Mahnesmith’s ability to pay costs.

Case No. 19-1220:  State of Iowa v. Scott D. Sweatt

Filed Dec 16, 2020

View Opinion No. 19-1220

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve and Mark R. Fowler, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            Scott Sweatt appeals the district court’s entry of judgment contending: (1) there was insufficient evidence to support the conviction; (2) the district court’s verdict was against the weight of the evidence; and (3) trial counsel rendered ineffective assistance of counsel.  OPINION HOLDS: We affirm Sweatt’s judgment and sentence.

Case No. 19-1323:  Matthew Jandreau v. State of Iowa

Filed Dec 16, 2020

View Opinion No. 19-1323

            Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            Matthew Jandreau appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: For purposes of Iowa Code section 822.3 (2018), the principles recognized in State v. Jonas, 904 N.W.2d 566 (Iowa 2017), were not “ground[s] of . . . law that could not have been raised within” Jandreau’s three-year limitation period.  The district court was right to conclude this action is time-barred.

Case No. 19-1497:  In re the Marriage of Rigdon

Filed Dec 16, 2020

View Opinion No. 19-1497

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  Special concurrence by Ahlers, J.  (7 pages)

            Alicia Rigdon brought a contempt action against her former spouse, Benjamin Rigdon.  The district court declined to hold Benjamin in contempt and Alicia appeals.  OPINION HOLDS: Finding no abuse of discretion, we affirm.  SPECIAL CONCURRENCE ASSERTS: I agree with the majority’s resolution of this matter on the merits and join in that decision.  I write separately in an effort to make clear that our ruling should not be viewed as an endorsement of the tie-breaking method used here, which was for the parent with physical care to make a unilateral decision that disregards the other parent’s objection followed by a contempt action to assess the decision in hindsight.  We will need to wait for an appropriate case when the issue is properly raised and preserved before determining whether the after-the-fact-contempt method is acceptable, or whether some other method should be preferred.

Case No. 19-1576:  Black v. Jorgensen

Filed Dec 16, 2020

View Opinion No. 19-1576

            Appeal from the Iowa District Court for Lucas County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (13 pages)

            This case arises from a boundary dispute between Betty Black and the Robert Jorgensen, Jr. Trust.   Black seeks quiet title and damages relating to a disputed area where her property adjoins the Jorgensen Trust property.  OPINION HOLDS: We affirm the district court ruling finding the Jorgensen Trust to be the owner of the disputed area and dismissing Black’s trespass and damages claims.

Case No. 19-1590:  Andreas C.K. Benford v. State of Iowa

Filed Dec 16, 2020

View Opinion No. 19-1590

            Appeal from the Iowa District Court for Jasper County, Randy V. Hefner, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (6 pages)

            Andreas Benford appeals the dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: Benford’s PCR action challenged the revocation of his release under Iowa Code section 903B.1 (2018).  But while Benford’s appeal was pending, the Iowa Board of Parole released him again.  We believe this makes the case moot.  And we decline to apply the public-importance exception.  We grant the State’s motion to dismiss.

Case No. 19-1605:  State of Iowa v. Antonio J. Cooks

Filed Dec 16, 2020

View Opinion No. 19-1605

            Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Danilson, S.J.  Tabor, J., takes no part.  Opinion by Schumacher, J.  (11 pages)

            Antonio Cooks appeals his conviction for robbery in the second degree.  OPINION HOLDS: Cooks failed to show the jury’s verdict was not supported by substantial evidence or that it was contrary to the weight of the evidence.  Cooks did not preserve error on his claim concerning the jury instructions, and therefore, we do not address this issue.  Also, Cooks did not preserve error on his claim that the jury venire did not represent a fair cross-section of the community.  Finally, Cooks has not shown the State engaged in purposeful discrimination in exercising peremptory challenges, and we conclude he is not entitled to a new trial based on his claims under Batson v. Kentucky, 476 U.S. 79, 89 (1986).  We affirm Cooks’s conviction.

Case No. 19-1612:  State of Iowa v. Richard Owen Busch

Filed Dec 16, 2020

View Opinion No. 19-1612

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by Doyle, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (11 pages)

            Richard Busch appeals a sentence requiring him to register as a sex offender.  OPINION HOLDS: Substantial evidence supports the sentencing court’s determination that Busch’s conduct was sexually motivated. 

Case No. 19-1629:  Andreas C.K. Benford v. State of Iowa

Filed Dec 16, 2020

View Opinion No. 19-1629

            Appeal from the Iowa District Court for Jasper County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (9 pages)

            Andreas Benford appeals the dismissal of his petition for judicial review.  OPINION HOLDS: The Iowa Department of Corrections was not required to provide Benford with a tentative discharge date for his lifetime special sentence under Iowa Code section 903B.1 (2019).  So the district court was right to dismiss Benford’s petition for judicial review.

Case No. 19-1689:  Wayne Joseph Mlady v. Sue Ann Dougan

Filed Dec 16, 2020

View Opinion No. 19-1689

            Appeal from the Iowa District Court for Howard County, John Bauercamper, Judge.  AFFIRMED IN PART AND REVERSED IN PART ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (8 pages)

            On appeal, Wayne Mlady contends Sue Ann Dougan’s redemption attempt was untimely because she paid only $1,937,001.00 of the $1,938,799.79 due before expiration of the redemption period.  He also challenges the court’s determination that interest stopped accruing when he obtained a sheriff’s deed, arguing it accrues until the time of full redemption.  On cross-appeal, Dougan challenges the rate of interest determined by the district court.  OPINION HOLDS: Because the amount of interest accrued following the sheriff’s sale affects the total amount of the redemption payment, we begin with the parties’ arguments about the rate of interest and period in which interest accumulates.  We agree that the rate of interest must be calculated at the default rate of 21%.  Dougan failed to strictly comply with the statutory requirement to pay the full amount due within the redemption period.  As a result, her redemption attempt was untimely. 

Case No. 19-1717:  State of Iowa v. Ramon Hernandez

Filed Dec 16, 2020

View Opinion No. 19-1717

            Appeal from the Iowa District Court for Crawford County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (3 pages)

            Ramon Hernandez appeals his sentence, asserting ineffective assistance of his resentencing counsel.  OPINION HOLDS: We lack authority to consider his claim of ineffective assistance of counsel on direct appeal.

Case No. 19-1792:  Mallavarapu v. City of Cedar Falls

Filed Dec 16, 2020

View Opinion No. 19-1792

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (15 pages)

           

            Several homeowners appeal, while the city and a business owners association cross‑appeal, an order denying the homeowners’ request for specific performance of maintenance provisions in a storm water easement agreement between the city and the association.  As a threshold issue, the city argues the homeowners could not seek specific performance because they were not the intended third-party beneficiaries of the easement agreement.  OPINION HOLDS: Finding merit in the city’s contention that the homeowners lacked standing to bring this action, we affirm the denial of equitable relief on that ground and do not reach the other issues raised on appeal and cross-appeal. 

Case No. 19-1799:  Scheer Agri-Enterprises, Inc. v. Ledger Swine Farms, Inc.

Filed Dec 16, 2020

View Opinion No. 19-1799

            Appeal from the Iowa District Court for Iowa County, Patrick R. Grady, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  Concurrence in part and dissent in part by Greer, J.  (22 pages)

            Scheer Agri-Enterprises, Inc. (Scheer) sued Ledger Swine Farms, Inc. (Ledger) related to the purchase of a group of pigs, which were infected with a highly contagious disease.  The district court entered summary judgment for Ledger based on the terms of a written contract.  Scheer appeals, asserting the court erred in concluding the parties did not have a valid and enforceable oral contract and that Scheer could not recover under a theory of negligence.  OPINION HOLDS: Because genuine issues of material fact remain, the district court erred in granting summary judgment to Ledger.  PARTIAL DISSENT ASSERTS: I agree with the majority that we should reverse the district court summary judgment ruling on the oral contract claim.  But because the Genetic Stock Agreement trumps all other claims asserted by Scheer, I would grant summary judgment on all of the other claims and find Scheer bound by the contract he signed in all other respects.

Case No. 19-1817:  James Williams v. State of Iowa

Filed Dec 16, 2020

View Opinion No. 19-1817

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            James Williams appeals the district court’s summary dismissal of his fourth postconviction-relief application.  OPINION HOLDS: We affirm the district court’s dismissal of Williams’ postconviction-relief application as time-barred.

Case No. 19-1850:  State of Iowa v. Deng G. Majouk

Filed Dec 16, 2020

View Opinion No. 19-1850

            Appeal from the Iowa District Court for Polk County, Christopher Kemp and William A. Price, District Associate Judges.  AFFIRMED.  Considered by Vaitheswaran, and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (9 pages)

            Deng Majouk appeals the district court’s entry of judgment, sentence, and denial of his motion to suppress contending (1) the district court abused its discretion in failing to suspend the fine; (2) the district court should have granted his suppression motion; and (3) the evidence was insufficient to support the district court’s finding of guilt.  OPINION HOLDS: We affirm the finding of guilty and Majouk’s judgment and sentence.

Case No. 19-1857:  State of Iowa v. Kha Len Richard Price-Williams

Filed Dec 16, 2020

View Opinion No. 19-1857

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            As a rear-seat passenger in a Lyft vehicle whose driver was pulled over for traffic violations, Khalen Williams challenges the police officers’ actions leading to a warrantless search that resulted in his criminal conviction.  Williams appeals, arguing that the court erred in denying his motion to suppress evidence obtained during the warrantless search and seizure of his person.  Williams raises three arguments: (1) the officers lacked reasonable suspicion to conduct a pat down search of his person for weapons; (2) his admission to possessing a firearm was a product of custodial interrogation without the benefit of Miranda warnings and should have been suppressed; and (3) we should decline to follow Maryland v. Wilson, 519 U.S. 408, 415 (1997), which holds that “an officer making a traffic stop may order passengers to get out of the car pending completion of the stop,” under the Iowa Constitution.  OPINION HOLDS: Because Williams did not advocate for a different standard under the Iowa Constitution in his motion to suppress to the district court, his claim that the Iowa Constitution requires more protection for passengers than the Federal Constitution is not preserved.  Additionally, because we find the officers involved had reasonable suspicion that Williams was potentially armed and dangerous—even without Williams’s statements admitting he had a gun—we find the officers had reasonable suspicion to support the pat down of Williams for weapons.  We affirm the district court’s denial of Williams’s motion to suppress. 

Case No. 19-1929:  United Fire & Casualty Co. and Great Plains Orthotics & Prosthetics, Inc. v. James Hessenius

Filed Dec 16, 2020

View Opinion No. 19-1929

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The appellants appeal the district court’s judicial review decision affirming the decision of the workers’ compensation commissioner awarding a partial commutation of James Hessenius’s workers’ compensation benefits.  OPINION HOLDS: The district court properly found substantial evidence to support the commissioner’s decision, and we find no relevant and important matter the commissioner failed to consider.  Therefore, we affirm.

Case No. 19-1966:  Kenneth Osborne Ary v. State of Iowa

Filed Dec 16, 2020

View Opinion No. 19-1966

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Ary appeals the denial of his postconviction-relief (PCR) application.  He argues he was provided ineffective assistance of counsel based on his trial counsel’s failure to complete discovery and trial counsel’s handling of jury voire dire.  OPINION HOLDS: Ary has not shown prejudice resulted from trial counsel’s failure to complete discovery.  He also did not meet his burden to prove ineffective assistance of counsel with respect to the jury-selection allegations.  Thus, we affirm the denial of Ary’s PCR application. 

Case No. 19-2075:  State of Iowa v. Mark Bernard Retterath

Filed Dec 16, 2020

View Opinion No. 19-2075

            Appeal from the Iowa District Court for Mitchell County, James M. Drew, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (14 pages)

            The State appeals from the district court’s order granting Mark Retterath a new trial for solicitation to commit murder following a remand in 2017, when we instructed the district court to conduct an in camera review of mental-health records of two State’s witnesses.  OPINION HOLDS: Because we did not contemplate one of the witness’s mental-health records would be unavailable when we issued the first remand, we clarify the scope of Iowa Code section 622.10(4) (2016) in this appeal.  Finding no language in the statute entitling Retterath to a retrial based on the unavailability of a witness’s records, we reverse the order granting a new trial.  But we remand again for the court to conduct an in camera review of the other State’s witness, as directed in the first remand order. 

Case No. 19-2083:  State of Iowa v. Jerry Wayne Evans Jr.

Filed Dec 16, 2020

View Opinion No. 19-2083

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            Jerry Wayne Evans Jr. appeals his convictions for three counts of sexual abuse in the third degree, contending the district court abused its discretion in admitting evidence of text messages extracted from the victim’s cell phone over his best-evidence objection.  He also argues the evidentiary ruling violated his due process rights under the U.S. Constitution and Iowa Constitution.  OPINION HOLDS: Finding no abuse of discretion in the court’s ruling on the admissibility of evidence, we affirm.  And we are unable to reach Evans’s constitutional claim because he did not preserve the issue for our review. 

Case No. 20-0013:  State of Iowa v. Najari Allen

Filed Dec 16, 2020

View Opinion No. 20-0013

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

                Najari Allen appeals his convictions on two counts of willful injury causing serious injury and one count of intimidation with a dangerous weapon and the imposition of consecutive sentences on the willful-injury charges.  OPINION HOLDS: We affirm Allen’s convictions and the imposition of consecutive sentences.

Case No. 20-0040:  Swift Pork Company v. Employment Appeal Board

Filed Dec 16, 2020

View Opinion No. 20-0040

            Appeal from the Iowa District Court for Wapello County, Myron L. Gookin, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED TO THE AGENCY.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

Swift Pork Company challenged a citation alleging it violated of Iowa’s occupational safety and health act and imposing penalties.  The Employment Appeal Board (EAB) dismissed Swift Pork’s challenge as untimely.  Swift Pork sought judicial review.  The district court reversed the EAB’s decision, finding the agency erred by ignoring its prior practice or precedent in measuring the fifteen-day period for Swift Pork to appeal.  OPINION HOLDS: The EAB’s decision dismissing Swift Pork’s contest of the citation must be reversed, as the EAB’s action was inconsistent with its prior precedent without adequate justification being provided for such inconsistency.  The matter is remanded to the EAB for further proceedings.

Case No. 20-0069:  Thomas J. Bunting and Lori A. Bunting v. Mark W. Koehn

Filed Dec 16, 2020

View Opinion No. 20-0069

            Appeal from the Iowa District Court for Clayton County, Richard D. Stochl, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (11 pages)

            Thomas and Lori Bunting appeal the district court’s ruling on their application to enforce the terms of a written easement.  OPINION HOLDS: With one slight modification, we affirm the court’s equitable decree.

Case No. 20-0195:  Danielle Putman v. Shawn J. Walther and Amy M. Walther

Filed Dec 16, 2020

View Opinion No. 20-0195

            Appeal from the Iowa District Court for Black Hawk County, Kelly Ann Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            Danielle Putman appeals the district court’s grant of summary judgment to Shawn and Amy Walther on her claims of fraudulent and negligent misrepresentation on the seepage of water into the home she bought from them.  OPINION HOLDS: Because Putman failed to designate an expert witness on the issue of causation and damages, we find the court did not err in granting summary judgment.  We affirm. 

Case No. 20-0316:  Andre Ruby v. Central Community Hospital

Filed Dec 16, 2020

View Opinion No. 20-0316

            Appeal from the Iowa District Court for Clayton County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Andre Ruby appeals the grant of summary judgment in favor of his former employer, Central Community Hospital (CCH), on his wrongful-discharge claim.  He claims he was fired in retaliation for reporting wrongdoing at CCH.  OPINION HOLDS: We find no error in the district court’s conclusion that Ruby failed to articulate a public policy that would protect his discharge from CCH.

Case No. 20-0340:  Alfred P. Kopczyk v. City of Dubuque Building Code Board of Appeals

Filed Dec 16, 2020

View Opinion No. 20-0340

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (3 pages)

                Property owner appeals a remand order issued in response to his petition for writ of certiorari.  OPINION HOLDS: Because certiorari proceedings may be remanded where the inferior tribunal has not proceeded according to law and the mistake may be corrected upon a further hearing, we affirm. 

Case No. 20-0341:  John H. White v. City of Dubuque Building Code Board of Appeals

Filed Dec 16, 2020

View Opinion No. 20-0341

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (2 pages)

            Property owner appeals a remand order issued in response to his petition for writ of certiorari.  OPINION HOLDS: Because certiorari proceedings may be remanded where the inferior tribunal has not proceeded according to law and the mistake may be corrected upon a further hearing, we affirm.

Case No. 20-0345:  In the Matter of the Guardianship of S.P.-G.

Filed Dec 16, 2020

View Opinion No. 20-0345

            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            A father appeals following the juvenile court’s denial of his motion to terminate a guardianship to his child.  OPINION HOLDS: At this time, Iowa Code section 232D.503(2) (2020) does not require termination of the guardianship because (1) termination would be harmful to the child and (2) the child’s interest in continuation of the guardianship outweighs the interest of the father in termination. 

Case No. 20-0361:  In re the Marriage of Koesters

Filed Dec 16, 2020

View Opinion No. 20-0361

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            David Koesters appeals from the decree dissolving his marriage to Meredith Koesters.  David contends (1) the district court’s spousal support award was inequitable and (2) the district court improperly modified the visitation schedule.  OPINION HOLDS: We affirm as modified the court’s spousal support order and affirm the visitation schedule.

Case No. 20-0469:  State of Iowa v. Toyreon Foster Stevensen

Filed Dec 16, 2020

View Opinion No. 20-0469

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J. (4 pages)

            Toyreon Foster Stevensen appeals the sentence imposed following his guilty pleas.  OPINION HOLDS: On our review, we find no abuse of the court’s discretion and affirm. 

Case No. 20-0507:  In re the Marriage of Deery

Filed Dec 16, 2020

View Opinion No. 20-0507

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., Tabor, J., and Carr, S.J.  Opinion Tabor, P.J.  (12 pages)

            A father appeals the district court’s modification ruling that reduced his visitation time with his two sons and increased his child-support obligations.  OPINION HOLDS: Because we find it is not in the children’s best interest to reduce the father’s overnight visits, we amend the district court’s modification ruling to restore his overnight visitations.  We also find no substantial change in circumstances justified recalculating his child-support payments.  Thus we reinstate the monthly child-support payments of $1400 from the original decree. 

Case No. 20-0549:  State of Iowa v. David Lee Griffin

Filed Dec 16, 2020

View Opinion No. 20-0549

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson and John D. Telleen, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J. (4 pages).

            David Griffin appeals the district court’s sentencing order, contending the district court “impermissibly considered unproven facts” and abused its discretion in “imposing and not suspending [his] sentence of incarceration.”  OPINION HOLDS: We affirm the district court’s sentencing order.

Case No. 20-0600:  In the Interest of S.S., Minor Child

Filed Dec 16, 2020

View Opinion No. 20-0600

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            The father of a minor child appeals the juvenile court’s decision terminating his parental rights in this private termination proceeding.  OPINION HOLDS: We agree the mother established statutory grounds of abandonment in spite of her inappropriate efforts to block the father’s access to the child.

Case No. 20-0735:  In re the Marriage of Pendergast

Filed Dec 16, 2020

View Opinion No. 20-0735

            Appeal from the Iowa District Court for Linn County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Sarah Pendergast appeals the district court order denying her application for declaratory judgment.  OPINION HOLDS: An application for declaratory judgment is not the proper vehicle by which to modify the visitation provisions of a dissolution decree.  Therefore, we affirm.

Case No. 20-1040:  In the Interest of J.F. and J.M., Minor Children

Filed Dec 16, 2020

View Opinion No. 20-1040

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            A paternal grandmother appeals the denial of her petition for guardianship and custody of two children following an order terminating parental rights.  OPINION HOLDS: Because the children’s interests are best served by placing the children in the DHS’s custody for purposes of adoption, we affirm the denial of the paternal grandmother’s petition for guardianship and custody.

Case No. 20-1083:  In the Interest of Z.G., Minor Child

Filed Dec 16, 2020

View Opinion No. 20-1083

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground for termination.  We decline to apply an exception to termination for the purposes of establishing a guardianship as an alternative to termination.

Case No. 20-1126:  In the Interest of B.F., Minor Child

Filed Dec 16, 2020

View Opinion No. 20-1126

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (17 pages)

            The father appeals the termination of his parental rights to his eight-year-old daughter under Iowa Code section 232.116(1)(e) and (f) (2020).  OPINION HOLDS: The State failed to prove by clear and convincing evidence a nexus between the father’s marijuana use and an appreciable risk of adjudicatory harm to the child so as to support termination of parental rights.

Case No. 20-1223:  In the Interest of A.C., Minor Child

Filed Dec 16, 2020

View Opinion No. 20-1223

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The juvenile court was correct in finding statutory grounds for termination satisfied and termination to be in the child’s best interest.

Case No. 20-1247:  In the Interest of R.S., Minor Child

Filed Dec 16, 2020

View Opinion No. 20-1247

            Appeal from the Iowa District Court for Keokuk County, Daniel Kitchen, District Associate Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (9 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We find the father was not prejudiced by the disputed exhibit, clear and convincing evidence supports termination, termination is in the child’s best interests, no factor weighs against termination, and a guardianship is not appropriate.  We affirm and remand to the juvenile court for entry of a nunc pro tunc order.

Case No. 20-1260:  In the Interest of K.W., E.W., Q.W., J.W., and M.K., Minor Children

Filed Dec 16, 2020

View Opinion No. 20-1260

            Appeal from the Iowa District Court for Black Hawk County, Stephen C. Clarke, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (4 pages).

            A mother appeals the termination of her parental rights to her children, contending the district court should have afforded her six additional months “to demonstrate her safe lifestyle” and therefore termination is not in the best interests of the children.  OPINION HOLDS: We affirm termination of the mother’s parental rights to his children

Case No. 20-1334:  In the Interest of K.P., Minor Child

Filed Dec 16, 2020

View Opinion No. 20-1334

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Tabor, JJ.  Opinion by Doyle, J.  (6 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because the child cannot be returned to the father’s care without exposing the child to adjudicatory harm, termination is appropriate under Iowa Code section 232.116(1)(h) (2019).  Providing the father with additional visitation would not have changed the outcome.  Given the father’s inability to provide for the child’s care after two years, termination is in the child’s best interests and no additional time is warranted.   

Case No. 20-1351:  In the Interest of L.M., Minor Child

Filed Dec 16, 2020

View Opinion No. 20-1351

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            A mother and father each appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: We find there is sufficient evidence in the record to support terminating the parents’ rights, termination in the child’s best interests, and the circumstances do not warrant granting the parents additional time to work on reunification.  We affirm on both appeals.

Case No. 20-1401:  In the Interest of N.M. and S.M., Minor Children

Filed Dec 16, 2020

View Opinion No. 20-1401

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

                A father appeals the termination of his parental rights to his two children.  He challenges the sufficiency of evidence supporting the statutory grounds for termination, claims termination is contrary to the children’s best interests, and requests an additional six months to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

Case No. 18-1235:  In the Matter of the Guardianship and Conservatorship of Marvin M. Jorgensen

Filed Nov 30, 2020

View Opinion No. 18-1235

            Appeal from the Iowa District Court for Audubon County, Kathleen A. Kilnoski, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (23 pages)

            The appellants appeal the district court’s order modifying family farm leases in various ways.  The appellants argue the district court did not have the authority to modify the leases.  OPINION HOLDS: Applying contract law, we find the leases should not have been modified.  So we reverse the district court’s order, insofar as it: (1) modifies the rent rates for the family leases, (2) modifies the duration of the family leases, (3) prohibits for-profit subleasing, (4) removes farmland from Dallas Wheatley’s lease, and (5) adds the same farmland in its entirety to Michael Jorgensen’s lease.  And we affirm in all other regards.

Case No. 18-1917:  State of Iowa v. William Paul Roland

Filed Nov 30, 2020

View Opinion No. 18-1917

            Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.  CONVICTION AFFIRMED, SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND CASE REMANDED FOR RESENTENCING.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (10 pages)

            A jury found William Roland guilty of sexual exploitation of a minor in violation of Iowa Code section 728.12(3) (2017).  He appeals claiming his counsel gave ineffective assistance.  He also challenges the restitution portion of his sentence.  OPINION HOLDS: We find Roland did not prove his ineffective-assistance-of-counsel claims.  We find the district court should have determined Roland’s ability to pay, so we vacate the restitution portion of his sentence and remand for a reasonable-ability-to-pay determination.

Case No. 18-1928:  Calvin Nelson v. State of Iowa

Filed Nov 30, 2020

View Opinion No. 18-1928

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Calvin Nelson appeals the district court’s denial of his application for postconviction relief, asserting his jury-composition claim was not barred.  OPINION HOLDS: We agree with the district court that his claim was barred by res judicata, and because State v. Plain, 898 N.W.2d 801, 821 (Iowa 2017), does not apply retroactively, Nelson’s claims must fail.

Case No. 19-0040:  Archie Lee Jones v. State of Iowa

Filed Nov 30, 2020

View Opinion No. 19-0040

              Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  SENTENCES VACATED AND REMANDED.  Considered by Vaitheswaran, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  May, J., takes no part.  (6 pages)

            Archie Jones appeals the district court decision denying his request for postconviction relief.  OPINION HOLDS: After granting a petition for rehearing, we determine Jones’s two sentences for possession of marijuana, third offense, as a habitual offender, should be vacated.  The case is remanded to the district court to give the State the opportunity to present a factual basis for Jones’s guilty pleas.  Further, if the State is unable to establish the factual basis for one or both of the felony-possession-of-a-controlled-substance-third-offense charges, all sentences imposed on the date of the original sentencing hearing shall be vacated by the district court, and Jones shall be sentenced anew.

Case No. 19-0046:  Gatbel Thouk Chany v. State of Iowa

Filed Nov 30, 2020

View Opinion No. 19-0046

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Gatbel Chany appeals the district court’s dismissal of his second application for postconviction relief.  OPINION HOLDS: Because his expert-testimony claim was not raised or ruled on in the district court, it is not preserved for appeal. 

Case No. 19-0364:  State of Iowa v. Darlin Lenin Veliz Acosta

Filed Nov 30, 2020

View Opinion No. 19-0364

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            Darlin Veliz Acosta appeals his convictions of sexual abuse in the second degree and lascivious acts with a child, raising claims with regard to the admission of electronic messages and defense counsel’s failure to object to statements by the prosecutor during closing argument.  OPINION HOLDS: We affirm Acosta’s convictions of sexual abuse in the second degree and lascivious acts with a child.

Case No. 19-0422:  In re the Marriage of Bingaman

Filed Nov 30, 2020

View Opinion No. 19-0422

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (16 pages)

            Arnold Bingaman appeals certain provisions of the decree dissolving his marriage to Heather Bingaman.  Arnold argues the incomes of both parties were miscalculated for support purposes, the district court miscalculated the value of allegedly dissipated assets, and he should not have been required to pay past-due taxes.  Heather requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s spousal- and child- support awards, finding the district court correctly calculated the parties’ incomes.  We also affirm the district court’s calculation of assets Arnold dissipated and the default and remedy regarding the Union County farm tax payments.  We award Heather $15,000.00 in appellate attorney fees.

Case No. 19-0639:  Craig Williams v. Pocahontas Ford-Lincoln, Inc.

Filed Nov 30, 2020

View Opinion No. 19-0639

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Craig Williams appeals the district court’s ruling that denied his claims of breach of an employment contract and failure to pay wages under Iowa Code chapter 91A (2017).  OPINION HOLDS: We affirm the district court’s decision finding the employer did not breach the parties’ employment agreement and that Williams is not owed any unpaid wages.  We remand for a calculation of the reasonable trial and appellate attorney fees incurred by the employer.

Case No. 19-0672:  Loralee Fisher v. Principal Life Insurance Company

Filed Nov 30, 2020

View Opinion No. 19-0672

            Appeal from the Iowa District Court for Johnson County, Andrew B. Chappell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (10 pages)

            Loralee Fisher appeals the district court’s entry of summary judgment for Principal Life Insurance Company.  OPINION HOLDS: The district court did not err in granting summary judgment on Fisher’s claims of breach of contract, reasonable expectations, wavier, and bad faith.  

Case No. 19-0689:  Equity Advisors, Inc. v. Zylstra Harley-Davidson of Illinois, Inc.; Zylstra, LLC; and Zylstra Cycle Co., Inc.

Filed Nov 30, 2020

View Opinion No. 19-0689

            Appeal from the Iowa District Court for Osceola County, Don E. Courtney, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (8 pages)

            Equity Advisors, Inc. (Equity) appeals a summary judgment ruling in favor of Zylstra Harley-Davidson of Illinois, Inc.; Zylstra, LLC; and Zylstra Cycle Company, Inc. (collectively “Zylstra”).  OPINION HOLDS: Equity’s alleged contract with Zylstra did not involve the sale of an interest in a business.  As a result, the Illinois Business Brokers Act did not require the contract to be written and signed.

Case No. 19-0730:  State of Iowa v. Javon Joshua Jennings

Filed Nov 30, 2020

View Opinion No. 19-0730

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            Javon Jennings appeals his conviction for child endangerment causing death.  OPINION HOLDS: Jennings’s claims of prosecutorial misconduct are not preserved for our review, we reject his claims of ineffective assistance of counsel, and we find sufficient evidence to support the verdict.  Therefore, we affirm Jennings’s conviction.

Case No. 19-0733:  State of Iowa v. Earl Baugh III

Filed Nov 30, 2020

View Opinion No. 19-0733

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages).

            Earl Baugh III appeals his conviction for burglary in the first degree, arguing because the jury returned a general verdict, his conviction should be overturned if there is insufficient evidence to support any one of the three methods of committing first-degree burglary submitted to the jury.  OPINION HOLDS: Although we find there is insufficient evidence to show Baugh engaged in a sex act with the victim, as the term “sex act” is statutorily defined, because the jury also found Baugh guilty of going armed with intent and assault causing bodily injury, we are able from the context of the entire case to determine the jury did not rely on a faulty alternative.

Case No. 19-0759:  John C. Marek Jr. v. The City Development Board of the State of Iowa and Henry County, Iowa, and Dan Johnson and Linda Johnson

Filed Nov 30, 2020

View Opinion No. 19-0759

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  AFFIRMED ON APPEAL; REVERSED AND REMANDED ON CROSS-APPEAL.  Heard by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  Partial Dissent by May, J.  (24 pages)

            This case involves the aftermath of the discontinuance of the City of Mount Union.  Dan and Linda Johnson appeal from the district court’s order granting summary judgment to the plaintiffs declaring the Johnsons’ money judgment void for lack of personal and subject matter jurisdiction.  The plaintiffs cross-appeal the district court’s granting of the motion to dismiss filed by the City Development Board of the State of Iowa (Board).  OPINION HOLDS: We find summary judgment was properly granted to the plaintiffs, as the judgment entered is void due to the judgment being entered against an entity that no longer exists.  Because there is a conceivable state of facts under which the plaintiffs might show a right of recovery on their claims for declaratory relief against the Board, the dismissal of such claims is reversed and the case is remanded for further proceedings on those claims.  PARTIAL DISSENT ASSERTS: I agree with the majority that we should affirm the district court’s grant of summary judgment.  I would also affirm the district court's grant of the motion to dismiss.  As to that issue, I respectfully dissent.

Case No. 19-0773:  Tyler James Webster v. State of Iowa

Filed Nov 30, 2020

View Opinion No. 19-0773

            Appeal from the Iowa District Court for Jefferson County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Tyler Webster appeals the district court’s denial of his postconviction-relief application, contending trial counsel rendered ineffective assistance of counsel.  OPINION HOLDS: We affirm the denial of Webster’s postconviction-relief application.

Case No. 19-0856:  State of Iowa v. Scott Dwayne Chatman

Filed Nov 30, 2020

View Opinion No. 19-0856

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, William P. Kelly, and Jeffrey D. Farrell, Judges.  CONVICTIONS AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (17 pages)

           

            Scott Chatman appeals his convictions for first-degree robbery, first-degree burglary, and assault causing bodily injury.  He argues: 1) the district court violated his due process and statutory rights related to competency; 2) his trial counsel was ineffective; and 3) the State did not present substantial evidence he committed the crimes.  He also challenges the court’s sentencing decision.  OPINION HOLDS: On our de novo review, we reject Chatman’s competency claims and preserve his ineffective-assistance-of-counsel claims for possible postconviction-relief proceedings.  Because we find substantial evidence supports the jury’s verdicts, we affirm Chatman’s convictions.  As for his sentencing claim, we remand for resentencing.

Case No. 19-0916:  State of Iowa v. Clint C. Roe

Filed Nov 30, 2020

View Opinion No. 19-0916

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Tabor, J., takes no part.  Opinion by Mullins, P.J.  (6 pages)

            Clint Roe appeals an order for victim restitution, challenging the sufficiency of the evidence to support the award.  OPINION HOLDS: Finding substantial evidence to support the court’s award of restitution for the challenged items, we affirm.

Case No. 19-1065:  Jerimiah Quinn v. State of Iowa

Filed Nov 30, 2020

View Opinion No. 19-1065

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Gamble, S.J.  Opinion by Mullins, P.J.  (4 pages)

            Jerimiah Quinn appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm the denial of Quinn’s application for postconviction relief. 

Case No. 19-1141:  Terrace Perkins v. State of Iowa

Filed Nov 30, 2020

View Opinion No. 19-1141

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Doyle, P.J., Tabor, J., and Scott, S.J.  Opinion by Doyle, P.J.  (5 pages)

            Terrace Perkins appeals the denial of his application for postconviction relief (PCR).  On appeal, he argues his trial counsel provided ineffective assistance in orally arguing an erroneous sufficiency-of-the-evidence standard instead of the appropriate weight-of-the-evidence standard in support of Perkins’s motion for new trial.  In denying the application, the PCR court determined Perkins failed to prove both the breach of duty and prejudice elements.  OPINION HOLDS: We agree with the PCR court’s conclusions and affirm.   

Case No. 19-1236:  State of Iowa v. Trequan Cosgrove

Filed Nov 30, 2020

View Opinion No. 19-1236

            Appeal from the Iowa District Court for Louisa County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Trequan Cosgrove appeals the district court order denying his motion to dismiss the criminal charges against him on speedy trial grounds.  Cosgrove argues the State failed to bring him to trial in violation of his speedy trial rights under Iowa Rule of Criminal Procedure 2.33.  OPINION HOLDS: The district court did not abuse its discretion by denying Cosgrove’s motion to dismiss because Cosgrove waived his rights to a speedy trial, as evidenced by defense counsel’s active participation in choosing the date of trial.  We affirm.

Case No. 19-1440:  Jordan Scott Johnson v. State of Iowa

Filed Nov 30, 2020

View Opinion No. 19-1440

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (10 pages)

             Johnson appeals the denial of his third application for postconviction-relief, claiming he received ineffective assistance of counsel when his trial attorney failed to object to portions of the prosecutor’s cross-examination of the defense expert psychiatrist.  The State provides as an alternative ground to affirm the PCR court’s denial of Johnson’s PCR application that Johnson’s claim regarding the cross-examination of the defense psychiatrist was time-barred.  OPINION HOLDS: We find the district court should have dismissed the entirety of Johnson’s third PCR application as time-barred. 

Case No. 19-1557:  State of Iowa v. Mitchell Ohland

Filed Nov 30, 2020

View Opinion No. 19-1557

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J. (7 pages)

            Mitchell Ohland appeals his criminal conviction, challenging the denial of his motion to suppress.  OPINION HOLDS: We conclude the traffic stop was permissible as based on a violation of Iowa Code section 321.388 (2019).  We affirm the denial of Ohland’s motion to suppress and his conviction of driving while barred as a habitual offender.

Case No. 19-1569:  In re the Marriage of Gifford

Filed Nov 30, 2020

View Opinion No. 19-1569

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., Mullins, J., and Vogel, S.J.  Opinion by Doyle, P.J.  (10 pages)

            Joseph Gifford appeals and Leia Gifford cross-appeals the provisions of the decree dissolving their marriage.  OPINION HOLDS: I. Because a partial stipulation the parties signed before Leia was represented by counsel does not aid in our resolution of the issues, we exclude it from our review.  II. By granting physical care to Joe with extraordinary visitation to Leia, the court sought to balance these parents’ ability to communicate and cooperate, safety concerns, and the need to maximize the children’s contact with both parents.  III. We decline Joe’s request to require that Leia move out of the marital home while it awaits sale.  IV. In considering the totality of Leia’s financial status, we decline to award her spousal support.  V. The evidence does not support a finding that Joseph dissipated marital assets.  VI. We decline to award either party appellate attorney fees and assess costs of the appeal equally to both parties.

Case No. 19-1691:  State of Iowa v. Jeffrey E. Hummell

Filed Nov 30, 2020

View Opinion No. 19-1691

            Appeal from the Iowa District Court for Henry County, Mary Ann Brown and John M. Wright, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (7 pages)

            Jeffrey Hummell appeals his conviction for possession of methamphetamine, second offense, contending the State failed to prove beyond a reasonable doubt that he knowingly or intentionally possessed the controlled substance.  OPINION HOLDS: Because we find the State presented sufficient evidence from which a jury could reasonably infer that Hummell had knowledge the items in his pocket contained methamphetamine, we affirm his conviction. 

Case No. 19-1787:  In re the Marriage of Wood

Filed Nov 30, 2020

View Opinion No. 19-1787

            Appeal from the Iowa District Court for Dallas County, Michael K. Jacobsen, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (4 pages)

            Robert Wood Jr. appeals from the decree dissolving his marriage to Sarah Wood, challenging the district court’s decision to place physical care of their children to Sarah.  Robert requests physical care of the children or, in the event we affirm the court’s physical care decision, additional parenting time.  He also challenges the court’s attorney fee award to Sarah.  OPINION HOLDS: We find the district court’s factual determinations are supported by the record and affirm the physical care decision and attorney fee award.  We deny the parties’ requests for appellate attorney fees.

Case No. 19-1848:  Lamont Montee Williams v. State of Iowa

Filed Nov 30, 2020

View Opinion No. 19-1848

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            Lamont Williams appeals the district court’s denial of his application for postconviction relief, contending his trial counsel was ineffective in “fail[ing] to call witnesses” suggested by Williams and in “fail[ing] to object to prosecutorial misconduct during closing arguments.”  OPINION HOLDS: Upon our review, we affirm the court’s order denying Williams’ application for postconviction relief.   

Case No. 19-1889:  In re the Marriage of Bojanski

Filed Nov 30, 2020

View Opinion No. 19-1889

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            James Bojanski appeals from a dissolution decree denying his request for alimony and dividing the parties’ marital property.  On appeal, he seeks reversal of the denial of his alimony request and asks that we recalculate the value of the marital home for purposes of the distribution of marital property.  OPINION HOLDS: We affirm the denial of James’s alimony request.  We find it equitable to exclude any premarital credit on the parties’ home when calculating the portion of the home classified as marital property.  We determine a credit for gifted money.  We accordingly increase the property equalization payment due to James.

Case No. 19-2036:  State of Iowa v. Shawn Eastman-Adams

Filed Nov 30, 2020

View Opinion No. 19-2036

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (6 pages)

            Shawn Eastman-Adams appeals an order for consecutive sentences.  OPINION HOLDS: The district court properly exercised its sentencing discretion.

Case No. 19-2044:  In the Matter of R.B., Alleged to Be Seriously Mentally Impaired

Filed Nov 30, 2020

View Opinion No. 19-2044

            Appeal from the Iowa District Court for Marshall County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            R.B. appeals the district court’s denial of his petition for writ of habeas corpus, contending he is not likely to injure himself or others if released from civil commitment. OPINION HOLDS: We affirm the district court’s denial of R.B.’s petition for writ of habeas corpus.

Case No. 19-2132:  Loose v. Wood

Filed Nov 30, 2020

View Opinion No. 19-2132

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Julie Loose appeals the denial of her motion to reconsider the district court’s order confirming the arbitration award.  She argues her answer to Prospect Funding Partners, LLC’s cross-claim for declaratory judgment should have operated as a timely application to vacate.  OPINION HOLDS: We reverse and remand for consideration of Loose’s motion to vacate the arbitration award on the merits.

Case No. 20-0200:  In the Matter of the John F. Dybvik Revocable Trust

Filed Nov 30, 2020

View Opinion No. 20-0200

            Appeal from the Iowa District Court for Winneshiek County, Alan T. Heavens, Judge.  AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Julie Andera appeals the district court’s decision to deduct the assessed penalties and interest from the form 706 tax filings against her trust share.  Successor trustee First Citizens, and trust beneficiaries Nola and Jed Dybvik, cross-appeal the district court’s decision to award Andera $20,000 for work she performed prior to her removal as trustee.  And Nola and Jed appeal the denial of sanctions against Andera.  OPINION HOLDS: Because we find Andera breached her duty to not engage in self-dealing, she must repay the resulting costs of that breach.  We affirm the deductions against her trust share.  Finding no abuse of discretion, we affirm the trustee fee award of $20,000.  We agree with the district court that sanctions were not appropriate in this case. 

Case No. 20-0256:  State of Iowa v. Brett Gilden

Filed Nov 30, 2020

View Opinion No. 20-0256

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J. (4 pages)

            Brett Gilden appeals the sentence imposed upon his conviction of willful injury causing serious injury.  He argues the court failed to exercise the discretion allowed to it under Iowa Code section 901.10(1) (2019) to reduce the five-year mandatory minimum mandated by Iowa Code section 902.7.  OPINION HOLDS: We find the record clear that the sentencing court was unaware of its discretion to reduce the mandatory minimum and that discretion was therefore not exercised, as required, which mandates resentencing.  We vacate the sentence imposed upon count one and remand for resentencing. 

Case No. 20-0266:  In re the Marriage of Ferris

Filed Nov 30, 2020

View Opinion No. 20-0266

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED AS MODIFIED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (12 pages)

            Joel Ferris appeals and Christi Ferris cross-appeals the decree dissolving their marriage.  Joel argues that the district court erred in awarding physical care of the couple’s children to Christi and that she engaged in parental alienation.  On cross-appeal, Christi takes issue with several aspects of the district court’s property division and requests appellate attorney fees.  OPINION HOLDS: On our de novo review, we affirm the district court’s custody determination.  We modify distribution of Fidelity accounts numbered 478 and 059 and the vehicle debts.  We also modify distribution of the marital assets to provide application of the Benson formula to the pension plans, and we modify the decree by correcting the scrivener’s error used in the calculation of the value of the Barry County, Michigan property.  We decline to award appellate attorney fees.

Case No. 20-0294:  David Eric Wolff v. Mindy Ann Wilson n/k/a Mindy Ann Ennis

Filed Nov 30, 2020

View Opinion No. 20-0294

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (17 pages)

            Mindy Ennis, formerly Mindy Wilson, appeals the order denying her request to change the custodial arrangement she and David Wolff crafted by agreement regarding their child.  Mindy argues the district court should have given her physical care of the parties’ child; she also asks for an award of appellate attorney fees.  OPINION HOLDS: After our de novo review of the record, we reverse the decision of the district court and modify the decree to award Mindy physical care of the child.  We remand to the district court for consideration of the appropriate child-support award after considering the responsibility for health insurance and any other orders consistent with our decision.  We decline to award appellate attorney fees.

Case No. 20-0373:  Jason Jay Bringus v. Steve Elifrits and the Webster County Jail Supervisor

Filed Nov 30, 2020

View Opinion No. 20-0373

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Jason Bringus appeals the district court’s ruling dismissing his lawsuit against the defendants on statute-of-limitations grounds.  OPINION HOLDS: We affirm the dismissal of Bringus’ petition.

Case No. 20-0418:  In re the Marriage of DeMoss

Filed Nov 30, 2020

View Opinion No. 20-0418

            Appeal from the Iowa District Court for Jackson County, Mark J. Smith, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (12 pages)

            Keith DeMoss appeals dissolution decree granting Ashlee Hingtgen physical care of their two sons.  He contends the district court should have awarded him physical care or at least joint physical care.  OPINION HOLDS: Because the parties struggle to communicate and maintain animosity toward each other, we find joint physical care would not be in the best interests of the children.  As to the physical care determination, we affirm the court’s ruling in favor of Ashlee based on the need to maintain long-term stability for the children. 

Case No. 20-0538:  In re the Marriage of Terrones

Filed Nov 30, 2020

View Opinion No. 20-0538

            Appeal from the Iowa District Court for Black Hawk County, Alan Heavens, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (10 pages)

            Brenda Bohlke appeals an order modifying her dissolution decree, which denied her request for joint physical care and denied her liberal visitation in the alternative.  OPINION HOLDS: We find no grounds to disturb the district court’s order.  We affirm. 

Case No. 20-0563:  Richard Bauer, Individually and as Trustee for the Kendall Bauer Trust v. Bradley R. Brinkman

Filed Nov 30, 2020

View Opinion No. 20-0563

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Richard Bauer filed a defamation suit over comments Bradley Brinkman made on Facebook.  The district court denied Bauer’s motion for partial summary judgment and granted Brinkman’s motion for summary judgment.  OPINION HOLDS: Brinkman’s comments may have been vulgar, offensive, insulting, and just plain rude, but they did not rise to the level of defamatory statements because they were expressions of opinion protected by the first amendment.  Finding the statements at issue did not constitute defamation, we affirm the district court’s denial of Bauer’s motion for summary judgment and grant of summary judgment to Brinkman.

Case No. 20-0668:  State of Iowa v. Nathaniel Ray Deal

Filed Nov 30, 2020

View Opinion No. 20-0668

            Appeal from the Iowa District Court for Woodbury County, Zachary S. Hindman, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (4 pages)

            Nathaniel Deal appeals his ten-year prison sentence for possession with intent to deliver cocaine, contending the district court abused its discretion in sentencing by placing too much weight on his past behavior from years ago instead of his current circumstances.  OPINION HOLDS: Because the court properly weighed permissible sentencing factors, including both negative and positive factors, we find no abuse of discretion.  And thus we affirm his sentence. 

Case No. 20-0897:  In the Interest of Z.M.H., f/k/a Baby G.

Filed Nov 30, 2020

View Opinion No. 20-0897

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            A father appeals the termination of his parental rights in this private termination action.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the father’s parental rights on the ground of abandonment.  We conclude it is in the child’s best interests to terminate the father’s parental rights.  We affirm the decision of the district court.

Case No. 20-0964:  In the Interest of A.C. and S.C., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-0964

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., May, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The children could not be safely returned to the mother.  The father waived his reasonable-efforts challenge, and his challenge would be unsuccessful if preserved.

Case No. 20-1001:  In the Interest of D.D. and E.D., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1001

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A father appeals the termination of his parental rights to his children, contending (1) the State failed to prove the grounds for termination; (2) termination was not in the children’s best interests; (3) the district court should have invoked certain exceptions to termination; (4) the district court should have granted him six additional months to obtain a custody modification order and (5) the district court violated the Equal Protection Clauses of the United States and Iowa Constitutions.  OPINION HOLDS: We affirm termination of the father’s parental rights to his children.

Case No. 20-1005:  In the Interest of A.M. and K.M., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1005

            Appeal from the Iowa District Court for Madison County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We reject the father’s request for guardianship as a permanency option and find his reasonable-efforts argument is unpreserved.  We find termination is in the best interest of A.M. and K.M. and that placing custody and guardianship with DHS for a pre-adoptive placement decision is in the children’s best interest.

Case No. 20-1008:  In the Interest of A.M., Minor Child

Filed Nov 30, 2020

View Opinion No. 20-1008

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS: Termination of parental rights was the appropriate permanency option for A.M., a one-year-old child.  Reasonable efforts for reunification were provided to the father.  We affirm the decision of the district court.

Case No. 20-1045:  In the Interest of J.M. and C.M., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1045

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

            A father and mother separately appeal the termination of their parental rights to two children.  The father contends (1) the juvenile court should have placed the children in a guardianship; (2) termination was not in the children’s best interests; and (3) the juvenile court should have invoked an exception to termination.  The mother contends: (1) her due process rights were violated when the juvenile court denied her request for an in-person termination hearing; (2) the State failed to prove the grounds for termination cited by the juvenile court; (3) termination was not in the children’s best interests; (4) she should have been granted a six-month extension; and (5) the juvenile court should have invoked an exception to termination.  OPINION HOLDS: We affirm the termination of the parents’ rights to the children.

Case No. 20-1046:  In the Interest of K.B., Minor Child

Filed Nov 30, 2020

View Opinion No. 20-1046

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to their child.  Both challenge the juvenile court’s refusal to grant a six-month extension and argue termination was not in the child’s best interests.  The mother also challenges the court’s denial of her motion to continue for an in-person hearing.  OPINION HOLDS: We affirm on both appeals.

Case No. 20-1076:  In the Interest of E.R., Z.R., A.R., K.B., and K.B., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1076

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother appeals the juvenile court order terminating her parental rights to her five minor children.  On appeal, the mother challenges the statutory grounds for termination and argues termination is not in the children’s best interest.  OPINION HOLDS: The State met its burden of establishing the statutory grounds for termination.  Termination is in the children’s best interest.  We affirm.

Case No. 20-1099:  In the Interest of W.N., Minor Child

Filed Nov 30, 2020

View Opinion No. 20-1099

            Appeal from the Iowa District Court for Jones County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (7 pages)

            A mother and father appeal the termination of parental rights to their son.  OPINION HOLDS: On our de novo review, we find clear and convincing evidence a ground for termination existed under section 232.116(1)(h) (2020) and termination was in the child’s best interest as to both parents.  Because no exceptions apply to preclude termination, we affirm the juvenile court’s termination order. 

Case No. 20-1102:  In the Interest of C.G., Minor Child

Filed Nov 30, 2020

View Opinion No. 20-1102

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to her child, born in 2013.  She contends termination is not in the child’s best interests given the parent-child bond, the State failed to make reasonable efforts at reunification, and she should have been granted a six-month extension.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 20-1128:  In the Interest of G.N. and C.N., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1128

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Tabor, J., takes no part.  Opinion by Greer, J.  (3 pages)

            The mother challenges three of the statutory grounds for termination—paragraphs (d), (h), and (l) of Iowa Code section 232.116(1) (2020).  OPINION HOLDS: The mother’s failure to challenge termination under paragraph (e) waives any error as it relates to that ground for termination, and we affirm on that ground without further analysis.

Case No. 20-1161:  In the Interest of T.W., B.W., and B.W., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1161

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED ON FATHER’S APPEAL; REVERSED ON MOTHER’S APPEAL.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Tabor, J., takes no part.  Opinion by Vaitheswaran, J.  (12 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of the father’s parental rights to his three children and reverse the termination of the mother’s parental rights to her two children.

Case No. 20-1182:  In the Interest of A.D. and A.G., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1182

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

            The juvenile court terminated the mother’s parental rights to twelve-year-old A.D. and ten-year-old A.G. pursuant to Iowa Code section 232.116(1)(f) (2020).  Both the mother and the children challenge the termination on appeal.  The children and the mother argue the children could have been returned to the mother’s care at the final day of the termination hearing and the termination petition should have been dismissed.  In the alternative, the children and mother argue that a guardianship should have been established in lieu of terminating the mother’s rights because termination is not in the children’s best interests and permissive factors weigh against termination.  OPINION HOLDS: We agree with the juvenile court that the children could not be returned to the mother’s care at the final day of the termination hearing, so the statutory ground for termination was met.  We take the children’s steadfast desire to have their mother remain in their life, as well as the circumstances involving their older siblings, into consideration regarding the mother’s and the children’s request for a guardianship in lieu of termination.  But establishing a guardianship would leave the children vulnerable to the uncertainty they have already experienced for too long; termination is in their best interests.  We affirm on both appeals. 

Case No. 20-1189:  In the Interest of B.G., Minor Child

Filed Nov 30, 2020

View Opinion No. 20-1189

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals from the termination of her parental rights to her infant daughter.  OPINION HOLDS: We affirm, as the mother may not challenge the termination of her parental rights by raising arguments pertaining to the other parent’s position.  We do not address the ineffective-assistance-of-counsel claims due to the lack of developed argument.  Lastly, we find termination of the mother’s parental rights to be in B.G.’s best interest.  Accordingly, we affirm the district court order.

Case No. 20-1192:  In the Interest of A.D. and A.D., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1192

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (7 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established a statutory ground for termination with respect to both parents.  And termination is in the children’s best interests.

Case No. 20-1194:  In the Interest of C.B., Minor Child

Filed Nov 30, 2020

View Opinion No. 20-1194

            Appeal from the Iowa District Court for Ida County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (10 pages)

            The father appeals the termination of his parental rights to C.B., claiming his consent to termination was not given voluntarily and intelligently, and the district court erred in allowing the State to orally amend the termination petition to reflect consent.  He argues termination was not in the best interest of C.B., asks for more time to work toward reunification, and contests the statutory grounds for termination.  OPINION HOLDS: The father consented to termination voluntarily and intelligently, and the court properly granted the State’s motion to amend its petition to reflect his consent.  The father failed to preserve error on his other claims.  Thus, we affirm the juvenile court’s termination of the father’s parental rights. 

Case No. 20-1198:  In the Interest of W.E. and D.J., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1198

            Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            The father appeals the juvenile court order terminating his parental rights to the children.  OPINION HOLDS: On our de novo review, we find a statutory ground for terminating the father’s parental rights, termination is in the children’s best interest, and an additional six months will not alleviate the need for the children’s removal from the father’s care.  As a result, we affirm the juvenile court.

Case No. 20-1213:  In the Interest of M.M. and M.M., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1213

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and May and Schumacher, JJ.  Opinion by Doyle, P.J.  (6 pages)

            A mother appeals a permanency order entered in a child-in-need-of-assistance proceeding.  OPINION HOLDS: I. The juvenile court acted within its discretion when it refused to admit the mother’s demonstrative exhibits because they fail to meet the requirements of Iowa Rule of Evidence 5.1006.  II. Error is not preserved on the mother’s claim that the State failed to make reasonable efforts to reunify the family.  III. Based on the record before us, we are unable to find that the need for the children’s removal will be eliminated if we grant the mother more time. 

Case No. 20-1218:  In the Interest of X.A. and A.A., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1218

            Appeal from the Iowa District Court for Crawford County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (9 pages)

            The father appeals the termination of his parental rights, contending there is not clear and convincing evidence to support termination and, in any event, termination is not in the children’s best interests.  OPINION HOLDS: We find no reason to disturb the court’s findings as they are supported by clear and convincing evidence the children cannot be returned to the father’s custody at present.  After two years of juvenile court proceedings, these children deserve permanency.  Termination is in the children’s best interests.  We affirm the termination of the father’s parental rights.

Case No. 20-1221:  In the Interest of K.S., S.T., and A.T., Minor Children

Filed Nov 30, 2020

View Opinion No. 20-1221

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

            The mother of three children and the father of the middle child separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both parents’ parental rights. 

Case No. 18-2185:  Simonson and Roby v. Cutty's Des Moines Camping Club

Filed Nov 04, 2020

View Opinion No. 18-2185

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (14 pages)

            Plaintiffs appeal from the judgment entered upon a jury verdict awarding them damages on their negligence action against the defendant, raising several claims.  OPINION HOLDS: Because the instructions and verdict forms failed to explain the import of a dismissed third-party defendant’s inclusion, we conclude they were misleading and the plaintiffs were prejudiced.  We reverse and remand for new trial.  In light of our reversal and remand for retrial on the allocation-of-fault question, we find it unnecessary to address the remaining issues. 

Case No. 18-2216:  State of Iowa v. Zachary Paul Koehn

Filed Nov 04, 2020

View Opinion No. 18-2216

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (15 pages)

            Zachary Koehn was convicted of murder in the first degree and child endangerment resulting in death.  Both convictions involve his approximately four-month-old son.  On appeal, Koehn challenges those convictions, asserting (1) there is insufficient evidence to support the convictions; (2) the jury should not have been instructed it could infer malice from the commission of child endangerment resulting in serious injury; (3) his first-degree murder conviction should have merged into the child-endangerment conviction, leaving the “B” felony; and (4) the court abused its discretion in admitting some of the State’s evidence.  OPINION HOLDS: Having considered Koehn’s claims that were preserved and sufficiently formulated to enable review, we affirm his convictions for murder in the first degree and child endangerment resulting in death.  We preserve any claims of ineffective assistance for possible postconviction-relief proceedings.

Case No. 19-0047:  State of Iowa v. Curtis Cortez Jones

Filed Nov 04, 2020

View Opinion No. 19-0047

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (14 pages)

            Jones appeals his conviction for first-degree murder, contending the district court erred in denying his motion to suppress his statements made to police officers at the sheriff’s office after his arrest.  He claims the statements were involuntary and thus could not be used against him at his trial.  OPINION HOLDS: Because the totality of the circumstances does not show that Jones’s will was overborne due to his intoxication, mental state, or coercive police tactics, we find that his statements to police were voluntary.  We reject Jones’s request for a new trial because the district court properly denied his motion to suppress those statements.  We affirm.

Case No. 19-0433:  Jeremy Alan Frye v. State of Iowa

Filed Nov 04, 2020

View Opinion No. 19-0433

            Appeal from the Iowa District Court for Hamilton County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (3 pages)

            Jeremy Frye appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Frye’s trial counsel did not breach a duty in advising him that the defense of compulsion was unavailable, we affirm.

Case No. 19-0469:  State of Iowa v. Drew Alan Mangler

Filed Nov 04, 2020

View Opinion No. 19-1469

            Appeal from the Iowa District Court for Jackson County, Joel W. Barrows, Judge.  AFFIRMED.  Heard by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (18 pages)

            Drew Mangler appeals following his conviction for murder in the second degree on four grounds: (1) insufficient evidence supports his conviction; (2) a jury instruction was misleading and confusing; (3) evidence was improperly excluded; and (4) a Brady violation entitles him to a new trial.  OPINION HOLDS: We conclude (1) sufficient evidence supports the verdict; (2) Mangler’s appellate argument about jury instructions was not preserved and, moreover, he is not entitled to relief through the ineffective-assistance-of-counsel framework; (3) Mangler has not demonstrated the district court committed reversible error by excluding evidence; and (4) Mangler has shown no Brady violation.  So we affirm his conviction.

Case No. 19-0480:  Joshua Bolkema and Natalie Bolkema v. Casey Smith

Filed Nov 04, 2020

View Opinion No. 19-0480

            Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Casey Smith appeals the district court’s rulings on Joshua and Natalie Bolkema’s petition for injunctive relief.  OPINION HOLDS: We affirm the district court’s grant of permanent injunctive relief in favor of the Bolkemas.

Case No. 19-0544:  State of Iowa v. Felix Quintero-Labrada

Filed Nov 04, 2020

View Opinion No. 19-0544

            Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (10 pages)

            Felix Quintero-Labrada appeals his convictions of operating while intoxicated and possession of a fictitious identification card.  OPINION HOLDS: We conclude the district court properly denied Quintero-Labrada’s motion to suppress evidence of field sobriety tests.  As there was neither custody nor interrogation of Quintero-Labrada, we conclude a Miranda warning was not required at the time he performed the field sobriety tests.  He has not shown he received ineffective assistance of counsel.  Quintero-Labrada’s convictions are supported by substantial evidence in the record.  We affirm Quintero-Labrada’s convictions.

Case No. 19-0615:  Kenneth Henry Streit v. Streit Construction, Inc. and EMC Insurance Companies

Filed Nov 04, 2020

View Opinion No. 19-0615

            Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (9 pages)

           Kenneth Streit appeals from the district court’s review of the workers’ compensation commissioner ruling on remand finding Streit failed to establish his injury arose out of and in the course of his employment with Streit Construction, Inc.  OPINION HOLDS: We reverse and remand to the commissioner to consider whether Streit proved (1) Streit suffered cuts or scrapes at work and (2) the MRSA infection is a sequela of cuts or scrapes he suffered at work.   

Case No. 19-0674:  Stateline Cooperative v. Iowa Property Assessment Appeal Bd., and Emmet County Board of Review

Filed Nov 04, 2020

View Opinion No. 19-0674

            Appeal from the Iowa District Court for Emmet County, Don E. Courtney, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, J.  (27 pages)

            StateLine Cooperative (StateLine) appeals the district court’s judicial-review ruling affirming the Iowa Property Assessment Appeal Board’s (IPAAB) administrative decisions following its review of the Emmet County Board of Review’s (ECBR) property-assessment determination.  StateLine argues (1) the district court lacked jurisdiction to consider the ECBR’s cross-appeal of IPAAB’s decision on judicial review, (2) the court erred in affirming IPAAB’s decision that certain structures were not exempt from taxation as “[m]achinery used in manufacturing establishments” pursuant to Iowa Code sections 427A.1(1)(e) and 427B.17(3) (2014), and (3) the court erred in concluding StateLine did not meet its evidentiary burden to value the exemption associated with the structures.  The ECBR cross-appeals, essentially arguing its original assessment was made in accordance with the Iowa Real Property Appraisal Manual and was therefore correct.  OPINION HOLDS: We conclude some of the property constitutes machinery used in a manufacturing facility, which is exempt from taxation.  We reverse the district court’s affirmance of the IPAAB on that point.  Because we find sufficient evidence in the record to reach values of the claimed exemptions, we conclude the IPAAB and court erred when they declined to do so.  We provide valuations for the items we find exempt from taxation, and we remand to the district court for entry of an order consistent with this opinion.

Case No. 19-0735:  State of Iowa v. Greg M. Redden

Filed Nov 04, 2020

View Opinion No. 19-0735

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (3 pages)

            Greg Redden appeals from a sentencing order’s requirement that he pay court costs.  OPINION HOLDS: The district court may not order restitution for costs without finding the defendant has a reasonable ability to pay costs.  We vacate the restitution provisions of the sentencing order and remand to the district court to order restitution consistent with State v. Albright, 925 N.W.2d 144, 158–62 (Iowa 2019).

Case No. 19-0847:  Kathleen Brownell v. Scott M. Johnson

Filed Nov 04, 2020

View Opinion No. 19-0847

            Appeal from the Iowa District Court for Palo Alto County, Nancy L. Whittenburg, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  Special Concurrence by Mullins, J.  (21 pages)

                Kathleen Brownell sued Scott Johnson, her former stepson, claiming he intentionally interfered with the decree dissolving her marriage to Scott’s father, Phillip Johnson, which awarded Kathleen $1600 in alimony each month.  The jury found in Kathleen’s favor and awarded her $59,800.  Scott appeals that judgment.  He maintains the court should have entered judgment for him—either by granting his motion for directed verdict or granting his motion for judgment notwithstanding the verdict—because the court could conclude as a matter of law that his conduct was not improper given his role as trustee or as agent under power of attorney.  In the alternative, Scott argues the trial court should have granted his motion for new trial because there was “sufficient irregularity” in the proceedings to warrant a new trial.   The Iowa Academy of Trust and Estate Counsel sought leave to file an amicus brief, which our supreme court granted before transferring the case to us.  The amicus’s stated purpose in filing an appellate brief “is to assure that [our] disposition of the appeal does not result in the adoption of a standard that the trustee of a trust owes any duty to the creditor of a beneficiary of a trust when the trustee is making distributions to other beneficiaries of the trust in compliance with terms of the trust.”  OPINION HOLDS: The district court should have granted Scott’s motion for directed verdict regarding Kathleen’s claim. The law does not support the jury verdict, so it is improper and the verdict should be vacated.  Nothing in this ruling should translate into a duty on trustees to consider the interests of third-party creditors over the interests of the trust beneficiaries.  Finally, Kathleen is not entitled to appellate attorney fees in this case.  We reverse and remand for the district court to enter an order vacating the judgment and dismissing Kathleen’s petition with prejudice and assess costs to Kathleen.  SPECIAL CONCURRENCE ASSERTS: I specially concur to call into question the viability of Kathleen’s theory of the case.  Iowa has not recognized the tort of interference with contract rights arising out of a settlement agreement that has been approved and incorporated into a decree dissolving a marriage.

Case No. 19-0853:  Lorenzo Quintanar v. State of Iowa

Filed Nov 04, 2020

View Opinion No. 19-0853

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (4 pages)

            Lorenzo Quintanar appeals from the district court ruling denying his application for postconviction relief.  He challenges the district court’s decision regarding retroactive application of the federal and state case law relating to the obligation of counsel to advise a client of immigration consequences of a guilty plea.  OPINION HOLDS: Quintanar failed to convince the district court, as the fact-finder, that his trial counsel had not advised him of the immigration consequences of his guilty plea.  Because Quintanar does not challenge the factual and legal conclusions that are dispositive on the merits, the district court’s ruling must be affirmed. 

Case No. 19-0862:  State of Iowa v. Nicholas Ashley Boggs

Filed Nov 04, 2020

View Opinion No. 19-0862

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg and Paul R. Huscher, Judges.  REVERSED AND REMANDED.  Heard by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (12 pages)

            Nicholas Boggs appeals four drug-related convictions.  He challenges the denial of a motion to suppress evidence obtained after police officers entered an enclosed porch attached to his apartment.  OPINION HOLDS: The enclosed porch is a constitutionally protected area on which Boggs enjoyed an expectation of privacy.  Even assuming that the officers had a license to enter the porch in order to make contact with an occupant of the apartment, that license does not apply under the circumstances.  The officers made contact with Boggs outside.  Boggs was in an officer’s presence when the officer entered the porch.  It follows that the only legitimate way the officers could enter the porch was with Boggs’s consent.  The record shows Boggs did not freely and voluntarily consent to the officers’ entry on the porch.  Because the officers intruded on Boggs’s rights under the Fourth Amendment of the United States Constitution and article I, section 8 of the Iowa Constitution, the trial court erred in denying his motion to suppress. 

Case No. 19-0896:  Eelen Young Ebling and Abby Lyon McDonald v. Sarah Hasken

Filed Nov 04, 2020

View Opinion No. 19-0896

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Trust beneficiaries appeal the district court’s ruling that Sarah Hasken, acting as trust advisor, did not have a conflict of interest with regard to a vote where Hasken refused to vote her shares on the issue of her own removal as a director.  OPINION HOLDS:  Because beneficiaries did not prove that Hasken’s vote—whether exercised or not—amounted to fraud, dishonesty, or abuse of discretion; or was done in bad faith; or that she had a conflict of interest; we affirm the district court’s ruling. 

Case No. 19-1010:  Al Brueggeman, Dan Breuker, Tom Bremer, Roger Bosma, Mark Dillehay, Randy Rowe, Allen Rowe, and Jarrod Wallace v. Osceola County, Iowa and City of Harris, Iowa

Filed Nov 04, 2020

View Opinion No. 19-1010

            Appeal from the Iowa District Court for Osceola County, David A. Lester, Judge.  REVERSED AND REMANDED.  Heard by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (17 pages)

            Taxpayers appeal the district court’s decision dismissing their petition for writ of certiorari challenging the actions of the city council and the county board of supervisors in establishing an urban renewal area with tax increment financing.  OPINION HOLDS: Because the City of Harris and Osceola County did not comply with the formal requirements under Iowa Code sections 364.3(1) and 403.17(4) (2015) before creating the urban renewal area, we find the district court erred.  Following our case law, which highlights statutory compliance and formal approval of municipal contracts by government entities, we reverse and remand. 

Case No. 19-1067:  State of Iowa v. Jake Skahill

Filed Nov 04, 2020

View Opinion No. 19-1067

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Wittig, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Vaitheswaran, J. (13 pages).

Jake Skahill appeals the district court’s entry of judgment following his convictions of second-degree sexual abuse, lascivious acts with a child, enticing a minor, and indecent exposure.  He argues the guardian ad litem exceeded the scope of her statutorily authorized duties.  Alternatively, Skahill argues that if the guardian ad litem’s participation is statutory authorized, application of the statute violated due process.  Also, Skahill contends the district court erred in admitting video recordings of forensic interviews with the child.  OPINION HOLDS: We affirm Skahill’s judgment and sentence.  

Case No. 19-1214:  In the Matter of the Estate of Vera E. Cawiezell, Deceased.

Filed Nov 04, 2020

View Opinion No. 19-1214

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel and Patrick McElyea, Judges.  AFFIRMED.  Heard by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (14 pages)

            The executors appeal several issues concerning the district court’s construction of the decedent’s will.  OPINION HOLDS: We determine the district court properly ruled a restriction on alienability in the decedent’s will was not valid.  We affirm the court’s ruling on the provisions of the will concerning the farm tenant’s first right of refusal to purchase the farmland and his continued leasing of the property. The court properly determined the boundary lines of the decedent’s residence.  We affirm the decision of the district court.

Case No. 19-1247:  State of Iowa v. Matthew John Kippe

Filed Nov 04, 2020

View Opinion No. 19-1247

            Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Matthew Kippe appeals his conviction for failure to comply with the sex offender registry.  OPINION HOLDS: Because the marshalling instruction did not misstate the law, counsel did not breach a duty by failing to object to it.  Kippe failed to preserve error on his claim of insufficient evidence because he raises a different argument on appeal than he raised in the trial court.

Case No. 19-1341:  Kevin Johnson v. State of Iowa

Filed Nov 04, 2020

View Opinion No. 19-1341

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (11 pages)

            Johnson appeals the denial of his application for postconviction-relief, arguing that trial counsel provided ineffective assistance in failing to obtain cell phone records, failing to depose witness Gonzalez, and failing to obtain testimony from witnesses he claims could’ve assisted at trial.  OPINION HOLDS: We find that trial counsel’s performance was sufficient, and no prejudice resulted from trial counsel’s performance.  Thus, we affirm the district court’s denial of Johnson’s application for postconviction relief.

Case No. 19-1394:  In the Matter of the Estate of Rosalyn J. Schaul, Deceased.

Filed Nov 04, 2020

View Opinion No. 19-1394

            Appeal from the Iowa District Court for Delaware County, Thomas A. Bitter, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON APPEAL; AFFIRMED ON CROSS APPEAL.  Heard by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (21 pages)

            This case involves a dispute between seven siblings regarding the estate of their mother.  The jury returned a verdict in favor of the plaintiffs both on their will contest and their claim the defendants intentionally interfered with their inheritance.  The defendants appeal, and the plaintiffs cross-appeal.  OPINION HOLDS: The plaintiffs’ cross-appeal is waived for failure to identify issues or make arguments.  Regarding the intentional-interference-with-inheritance claim, the jury instructions correctly stated the law and the evidence is sufficient to prove the plaintiffs’ theories of fraud, duress, and coercion.  However, submitting the misuse-of-confidential-information theory on this claim was in error.  Additionally, we find no abuse of discretion in allowing both sets of plaintiffs’ counsel to participate in trial, substantial evidence supports the verdict setting aside the will, and the trial court did not err in admitting a business record.  Therefore, we vacate the judgment and attorney fees in favor of the plaintiffs on the intentional-interference-with-inheritance claim and remand for new trial on that claim, and we affirm the verdict setting aside the will.

Case No. 19-1442:  State of Iowa v. Travis James Jordan

Filed Nov 04, 2020

View Opinion No. 19-1442

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  APPEAL DISMISSED.  Considered by Doyle, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            A defendant appeals his criminal sentence, asserting ineffective assistance of his criminal defense attorney for failing to object at sentencing to the prosecutor’s alleged violation of the plea agreement and that the prosecutor violated his due process rights by violating the plea agreement.  The State argues we lack jurisdiction to hear this appeal under recent statutory amendments to Iowa Code sections 814.6 and 814.7 (Supp. 2019).  OPINION HOLDS: The appeal only raises claims of ineffective assistance of counsel.  The judgment being appealed was entered after the effective date of the amendment to section 814.7, and this court therefore lacks subject matter jurisdiction.

Case No. 19-1593:  James A. Behnke and Barb J. Behnke v. Mark Fitzpatrick and Sheryl Fitzpatrick

Filed Nov 04, 2020

View Opinion No. 19-1593

            Appeal from the Iowa District Court for Delaware County, Richard D. Stochl, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Adjoining property owners appeal and cross-appeal from the district court’s order resolving a boundary dispute and the applicability of an easement.  OPINION HOLDS: Finding no error, we affirm on both appeals.

Case No. 19-1674:  Curt N. Daniels and Indian Creek Corporation v. John Holtz, personally and John Holtz, d/b/a WSH Properties, LLC, Hunters Retreat, LLC and Navajo Associates, LLC

Filed Nov 04, 2020

View Opinion No. 19-1674

            Appeal from the Iowa District Court for Lucas County, John D. Lloyd, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (6 pages)

            Curtis Daniels appeals the district court’s grant of the defendants’ motion to dismiss.  OPINION HOLDS: On the record before us, we find no valid basis for granting the motion to dismiss.  We reverse and remand for further proceedings. 

Case No. 19-1688:  David C. Stuart and Jade Engineering, L.L.C. v. City of Dubuque Zoning Board of Adjustment

Filed Nov 04, 2020

View Opinion No. 19-1688

            Appeal from the Iowa District Court for Dubuque County, Alan T. Heavens, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (11 pages)

            Plaintiffs appeal from the district court’s dismissal of their petition for writ of certiorari, contending the district court erred in determining the petition “did not allege facts sufficient to amount to an illegality.”  OPINION HOLDS: Upon our review, we affirm.  

Case No. 19-1756:  State of Iowa v. Alan Dale Rieken

Filed Nov 04, 2020

View Opinion No. 19-1756

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (3 pages)

            Alan Rieken appeals following his guilty plea.  OPINION HOLDS: Iowa Code section 814.6(1)(a)(3) (2019) precludes Rieken’s appeal. 

Case No. 19-2038:  State of Iowa v. Jacob Scott Duhrkopf

Filed Nov 04, 2020

View Opinion No. 19-2038

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            Jacob Duhrkopf appeals his conviction for third-degree burglary claiming the trial court abused its discretion in striking a potential juror for cause.  OPINION HOLDS: Error was not preserved as to Duhrkopf’s constitutional claim.  The trial court did not abuse its discretion in striking the juror for cause.  Moreover, because Duhrkopf has not shown prejudice, we cannot reverse.

Case No. 19-2149:  Juan Alberto Flores v. State of Iowa

Filed Nov 04, 2020

View Opinion No. 19-2149

            Appeal from the Iowa District Court for Webster County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (6 pages)

            Juan Alberto Flores appeals the denial of his application for postconviction relief.  OPINION HOLDS: Flores has failed to show his trial counsel breached a duty by allowing him to plead guilty without being properly advised about the mandatory minimum sentence where counsel moved in arrest of judgment on that basis, which Flores withdrew.  Counsel’s failure breached a duty in failing to ensure Flores was properly advised regarding his right to confront and cross-examine witnesses, but he is unable to show prejudice given the evidence against him.  Finally, Flores’s counsel had no duty to inform Flores regarding a possible future change to the robbery statute.

Case No. 20-0038:  Invision Architecture, Ltd. v. Leslie Hospitality Consulting LLC, Edwin W. Leslie, and LK Waterloo, LLC

Filed Nov 04, 2020

View Opinion No. 20-0038

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (15 pages)

            Leslie Hospitality Consulting LLC (Leslie Hospitality) contracted with Invision Architecture, Ltd. (Invision) to provide design services on an hourly basis for redevelopment and renovation of a downtown Waterloo hotel and convention center.  After not being paid, Invision sued Leslie Hospitality for breach of contract.  Leslie Hospitality claimed there was no contract.  After a bench trial, the district court determined there was a contract and Leslie Hospitality breached it.  The court entered judgment for Invision and against Leslie Hospitality in the amount of $86,327.50.  OPINION HOLDS: After reviewing the evidence we agree there was a contract and a breach, but we remand for an order reducing the judgment by $7415.

Case No. 20-0122:  Christina Myers v. Michael J. Myers and Krisanne L. Myers

Filed Nov 04, 2020

View Opinion No. 20-0122

            Appeal from the Iowa District Court for Dallas County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (17 pages)

            A son and his wife appeal the district court order allowing his mother to recover her down payments on their home, contending the payments were gifts with no expectation of repayment.  They argue gift letters are enforceable contracts that show the mother intended to give them the payments as unconditional gifts.  They also argue the parol evidence rule precludes consideration of extrinsic proof of a prior oral agreement to impose a condition on the gifts.  OPINION HOLDS: Because there is no evidence of consideration to support the gift letters, we find the elements of a contract have not been met, and thus the gift letters are not enforceable.  We also find the parol evidence rule does not apply to gift letters, so extrinsic evidence may be considered to determine whether the gifts came with conditions.  Upon our de novo review, we affirm. 

Case No. 20-0245:  State of Iowa v. Heath Richard Church

Filed Nov 04, 2020

View Opinion No. 20-0245

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (14 pages)

            Heath Church appeals his convictions for burglary in the first degree, assault causing bodily injury, and stalking, arguing the district court erred in admitting evidence of his prior bad acts, denying his motion for judgment of acquittal, and excluding certain impeachment evidence.  OPINION HOLDS: It was within the district court’s discretion to admit prior bad acts evidence as its probative value was not substantially outweighed by the risk of unfair prejudice, the record contains substantial evidence to support the jury’s finding, and the district court did not abuse its discretion in excluding impeachment evidence. 

Case No. 20-0302:  In re the Marriage of Galleger

Filed Nov 04, 2020

View Opinion No. 20-0302

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A mother appeals the district court decision denying her request for modification of physical care, visitation, and transportation expenses.  Both parties seek attorney fees for this appeal.  OPINION HOLDS: We affirm the decision of the district court on the issue of physical care and transportation expenses but modify the summer visitation schedule.  We deny the requests for appellate attorney fees. 

Case No. 20-0473:  State of Iowa v. Armand Isavia Anthony Rollins

Filed Nov 04, 2020

View Opinion No. 20-0473

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (11 pages)

            Armand Rollins appeals the district court’s denial of his motion to dismiss under Iowa Rule of Criminal Procedure 2.33(2)(b).  OPINION HOLDS: The district court did not abuse its discretion.  Rollins’s repeated signals that he would plead guilty constituted “good cause” for a one-day delay in bringing him to trial.

Case No. 20-0520:  In the Interest of M.A., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-0520

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (4 pages)

            A father appeals the private termination of his parental rights, asserting it is not in the child’s best interests.  OPINION HOLDS: Termination of the father’s parental rights are in the child’s best interest.  We affirm. 

Case No. 20-0556:  In re the Marriage of Nichols

Filed Nov 04, 2020

View Opinion No. 20-0556

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Bower, C.J., takes no part.  Opinion by Mullins, J.  (5 pages)

            Thomas Nichols appeals the denial of his application to amend a qualified domestic relations order.  OPINION HOLDS: We find the denial of Thomas’s application to be in accord with the decretal court’s intent and therefore affirm.

Case No. 20-0935:  In the Interest of D.L., E.L., and J.L., Minor Children

Filed Nov 04, 2020

View Opinion No. 20-0935

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            A father appeals the termination of his parental rights to his children.  He contends the State failed to prove the grounds for termination cited by the juvenile court and the court erred in denying his motion to reconsider.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the father’s parental rights.

Case No. 20-0976:  In the Interest of I.S., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-0976

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J.  (10 pages)

            A mother appeals the termination of her parental rights to her minor child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

Case No. 20-0994:  In the Interest of D.G., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-0994

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            The mother, L.W., concedes the State met its burden on the first three elements of Iowa Code section 232.116(1)(f) (2020) but argues it failed to meet its burden regarding the remaining element, that D.G. could not be returned to her care at the time of the termination hearing.  OPINION HOLDS: Based upon our de novo review, we find the State established by clear and convincing evidence that the child could not be returned to L.W.’s care and her parental rights should be terminated.

Case No. 20-1032:  In the Interest of A.B. and I.B., Minor Children

Filed Nov 04, 2020

View Opinion No. 20-1032

            Appeal from the Iowa District Court for Mitchell County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Ahlers, JJ.  Opinion by Doyle, J.  Dissent by Vaitheswaran, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: The State proved the grounds for termination under section 232.116(1)(f) and (h) (2019) because the children cannot be returned to the mother’s care without exposing the children to harm.  The children’s best interests require terminating the mother’s parental rights, and none of the circumstances set forth in section 232.116(3) exist.  DISSENT ASSERTS: Because the mother made marked improvements in her compliance with department expectations notwithstanding the COVID-19 pandemic, I would reverse the termination decision and remand for further proceedings.

Case No. 20-1033:  In the Interest of R.S., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1033

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

            A mother, Danielle, appeals the juvenile court’s order terminating her parental rights to her two-year-old son.  OPINION HOLDS: Finding termination was proper under Iowa Code section 232.116(1)(h) (2020) and in the child’s best interests, we affirm. 

Case No. 20-1044:  In the Interest of R.B. and R.B., Minor Children

Filed Nov 04, 2020

View Opinion No. 20-1044

            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            The mother and father appeal the juvenile court’s order terminating their parental rights to their two minor children, R.B. and R.B.  The juvenile court terminated the mother’s parental rights under Iowa Code section 232.116(1)(g) (2020), and the father’s parental rights under Iowa Code section 232.116(1)(g) and (h).  On appeal, the parents argue the State did not meet its burden to show the statutory grounds were present and termination was not in the children’s best interests.  OPINION HOLDS: The statutory grounds for termination of the mother and father’s parental rights pursuant to Iowa Code section 232.116(1)(g) have been established.  On our review of the record, we believe termination is in the children’s best interest.  We affirm.

Case No. 20-1067:  In the Interest of C.F., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1067

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (8 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established a statutory ground for termination with respect to both parents.  Termination is in the child’s best interest.  The father is not entitled to additional time to work toward reunification.

Case No. 20-1081:  In the Interest of H.Q., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1081

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find that granting the mother an extension of time is not in the child’s best interests.  Also, termination of the mother’s parental rights, rather than placing the child in a guardianship, is in the child’s best interests.  We affirm the decision of the juvenile court.

Case No. 20-1096:  In the Interest of M.W., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1096

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother and father each appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: There is clear and convincing evidence in the record to support termination of the mother’s parental rights, and termination is in the child’s best interests.  Additionally, it is not in the child’s best interests to provide either parent additional time to work on reunification.  Lastly, no permissive exceptions in Iowa Code section 232.116(3) (2020) should be applied to prevent termination.  We affirm the termination of the parents’ rights.

Case No. 20-1107:  In the Interest of R.H., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1107

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            The mother and father of R.H. separately appeal the termination of their parental rights.  OPINION HOLDS: Because the father has had no contact with R.H. since just after birth and failed to participate in reunification services, we affirm the termination of his parental rights.  Regarding the mother, we find clear and convincing evidence supports the statutory grounds for termination, termination of her parental rights is in the child’s best interests, and a guardianship is not an appropriate alternative to termination.

Case No. 20-1134:  In the Interest of N.D., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1134

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The biological father appeals from the order terminating his parental rights to the child.  OPINION HOLDS: We find clear and convincing evidence supports the statutory grounds for termination, termination of the father’s parental rights is in the child’s best interests, and the juvenile court correctly denied the father an additional six months to work toward unification.

Case No. 20-1135:  In the Interest of R.C., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1135

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            A mother appeals the termination of her parental rights pursuant to Iowa Code section 232.116(1)(h) (2020).  She maintains she should be granted a six-month extension and contends the loss of her parental rights is not in the child’s best interests.  OPINION HOLDS: The child has waited more than twice the statutory time frame and the mother only recently started to engage in substance-abuse and mental-health treatment.  An extension is not warranted and termination of the mother’s parental rights is in the child’s best interests. 

Case No. 20-1137:  In the Interest of Z.M. and K.T., Minor Children

Filed Nov 04, 2020

View Opinion No. 20-1137

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J.  (6 pages)

            The mother of Z.M. and K.T. and the father of Z.M. separately appeal the termination of their parental rights.  OPINION HOLDS: I. We affirm the termination of the father’s parental rights under Iowa Code section 232.116(1)(e) (2020).  The record shows termination is in Z.M.’s best interests because the father chose not to participate in services and, as a result, cannot provide Z.M. with a safe and permanent home.  II. The mother is not entitled to an extension of time under Iowa Code section 232.104(2)(b) because an extension would not eliminate the need for the children’s removal.  Any bond that exists between the mother and the children is outweighed by the bond the children have formed with their caretaker, who can provide for the children’s best interests.  We affirm the termination of the mother’s parental rights.

Case No. 20-1163:  In the Interest of T.M., L.M., and L.V., Minor Children

Filed Nov 04, 2020

View Opinion No. 20-1163

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            The mother and father separately appeal the termination of parental rights as to their children, L.M. and T.M.; the mother also appeals the termination of her rights as to L.V.  The mother asks for additional time to work toward reunification, and argues the juvenile court should have established a guardianship rather than terminating her parental rights.  The father also argues that the court should have established a guardianship instead of termination.  OPINION HOLDS: Granting the mother additional time would not end the need for the children’s removal, and establishing a guardianship is not in the best interest of the children.  Thus, we affirm the juvenile court’s termination of both parents’ rights.  

Case No. 20-1164:  In the Interest of L.B., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1164

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            A mother appeals the order adjudicating her child in need of assistance (CINA) and subsequent dispositional order.  OPINION HOLDS: We affirm the CINA adjudication under Iowa Code section 232.2(6)(c)(2) (2020), but reverse the adjudication under section 232.2(6)(n).

Case No. 20-1167:  In the Interest of P.N., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1167

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (9 pages)

            A mother appeals the termination of her parental rights to her infant son.  OPINION HOLDS: Because we find clear and convincing evidence in the record to support termination under Iowa Code section 232.116(1)(h) (2020) and termination is in the child’s best interest, we affirm. 

Case No. 20-1214:  In the Interest of A.C., Minor Child

Filed Nov 04, 2020

View Opinion No. 20-1214

            Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Greer, JJ.  Opinion by Mullins, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her child.  She challenges the sufficiency of the evidence supporting the statutory ground for termination cited by the juvenile court; argues termination is contrary to the child’s best interests; and requests the application of statutory exceptions to termination, establishment of a guardianship, or additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 19-0664:  Shari M. Hintermeister v. Iowa Workforce Development, Employment Appeal Board

Filed Oct 21, 2020

View Opinion No. 19-0664

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (2 pages)

            Shari Hintermeister appeals the denial of her request for a second year of unemployment benefits.  OPINION HOLDS: Hintermeister does not qualify for a second benefit year because she does not meet the requirements of Iowa Code section 96.4(4)(c) (2018).

Case No. 19-0749:  State of Iowa v. Doncorrion Spates

Filed Oct 21, 2020

View Opinion No. 19-0749

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris and Thomas A. Bitter, Judges.  CONDITIONALLY AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J. (20 pages)

            Doncorrion Spates appeals his conviction for murder in the first degree, attempted murder, and intimidation with a dangerous weapon.  OPINION HOLDS: Spates failed to establish any underrepresentation of a distinctive group in the jury venire was the result a systematic exclusion.  The district court did not abuse its discretion in denying a motion for new trial based on the weight of the evidence.  We remand to the district court to make additional findings regarding Spates’s second motion for new trial claiming he did not receive a fair trial due to race-related statements allegedly made by jurors.

Case No. 19-0802:  Lucas D. Lankford v. State of Iowa

Filed Oct 21, 2020

View Opinion No. 19-0802

            Appeal from the Iowa District Court for Webster County, James M. Drew, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (9 pages)

            In this postconviction-relief (PCR) appeal, Lucas Lankford contends his guilty plea was not knowingly and voluntarily given because of plea counsel’s ineffective assistance.  He also contends his plea counsel was ineffective in other ways.  And he contends his PCR counsel was ineffective.  OPINION HOLDS: We find no merit to Lankford’s arguments that his guilty plea was not knowing and voluntary.  His other contentions concerning plea counsel were not raised before or decided by the PCR court and are therefore not preserved for our review.  Because the record is inadequate to allow us to decide whether PCR counsel breached a duty and whether prejudice resulted, we cannot resolve this new claim on appeal.  We affirm the PCR court’s order denying Lankford relief.

Case No. 19-0930:  State of Iowa v. Joseph Benjamin Dobbe

Filed Oct 21, 2020

View Opinion No. 19-0930

            Appeal from the Iowa District Court for Wapello County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (10 pages)

            Joseph Dobbe appeals his various convictions claiming the district court should have granted his motion to dismiss for lack of speedy indictment and alleging he received ineffective assistance of counsel.  OPINION HOLDS: There was no speedy-indictment violation, and counsel was not ineffective.

Case No. 19-0967:  Jeffrey Robert Behle v. Abbie Lynn Youngwirth and Joseph Youngwirth

Filed Oct 21, 2020

View Opinion No. 19-0967

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  Special Concurrence by Greer, J.  (11 pages)

            In this personal injury case, the jury answered “yes” to the question: “Was the fault of Abbie Youngwirth a cause of any item of damage to Jeffery Behle?”  The jury assessed each party with 50% fault.  It entered “$0” for each item of damage listed on the verdict form.  Behle moved for a new trial asserting the verdict was inadequate and inconsistent.  The district court denied the motion and Behle appealed.  OPINION HOLDS: Because we cannot reconcile the jury’s special findings, we must reverse its verdict as to damages.  SPECIAL CONCURRENCE ASSERTS: I agree that the verdict is inconsistent.  I specially concur because a sealed verdict in today’s world does not stand in the way of the use of additional deliberations to address an inconsistent verdict and, in my view, should be a preferred option.

Case No. 19-0980:  State of Iowa v. Nicholas Ray Crotts

Filed Oct 21, 2020

View Opinion No. 19-0980

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Defendant appeals the sentence imposed for his conviction of domestic assault, third or subsequent offense.  OPINION HOLDS: We find the court considered multiple adequate factors and did not rely on clearly untenable or unreasonable grounds in deciding the mandatory minimum term of incarceration.  Therefore, we affirm the defendant’s sentence.

Case No. 19-1018:  State of Iowa v. Michael L. Thompson

Filed Oct 21, 2020

View Opinion No. 19-1018

            Appeal from the Iowa District Court for Hardin County, Bethany Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Michael Thompson appeals the district court’s sentencing decision following his convictions for second-degree burglary and two counts of first-degree harassment, contending the district court abused its discretion in (1) imposing “a maximum sentence for a first-time felon engaged in non-violent conduct who caused no permanent physical damage to persons or property” and (2) failing “to clearly state the reasons supporting its sentence on the record during the sentencing hearing.”  OPINION HOLDS: We affirm Thompson’s sentence.

Case No. 19-1101:  State of Iowa v. Robert James Cook

Filed Oct 21, 2020

View Opinion No. 19-1101

            Appeal from the Iowa District Court for Palo Alto County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (15 pages)

                Robert Cook appeals his conviction of operating while under the influence (OWI).  He argues the district court erred in denying his motion to suppress evidence allegedly obtained in violation of his constitutional right against unreasonable seizures, statutory rights under Iowa Code section 804.20 (2018), and statutory implied-consent procedures.  Alternatively, he claims one of his attorneys was ineffective in waiving his ninety-day speedy-trial right without authority and another of his attorneys was ineffective in stipulating to the admission of certain evidence at trial.  OPINION HOLDS: We affirm the denial of Cook’s motion to suppress and find Cook’s attorneys were not ineffective as alleged.  We affirm Cook’s conviction of OWI. 

Case No. 19-1426:  State of Iowa v. Isaac Charles Brown III

Filed Oct 21, 2020

View Opinion No. 19-1426

            Appeal from the Iowa District Court for Floyd County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (15 pages)

            Isaac Brown III appeals his conviction for burglary in the first degree and willful injury causing serious injury.  He argues the evidence is not sufficient to support his conviction, the weight of the evidence does not support his conviction, the trial court should not have admitted prior-bad-act evidence, the prosecutor committed misconduct in referring to the complaining witness’s scarring, and the court abused its discretion in rejecting his evidence of the seriousness of injury.  He also raises multiple ineffective-assistance-of-counsel arguments.  OPINION HOLDS: We lack authority to consider Brown’s ineffective-assistance claims, reject his remaining claims on the merits, and affirm.

Case No. 19-1512:  Xavier Garrett Dey Wynn v. State of Iowa

Filed Oct 21, 2020

View Opinion No. 19-1512

            Appeal from the Iowa District Court for Polk County, Coleman J. McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Xavier Garrett Dey Wynn appeals the district court’s denial of his application for postconviction relief (PCR).  Wynn claims the district court abused its discretion by denying his motion to amend his PCR application in order to include a challenge to his jury venire.  OPINION HOLDS: Because the district court did not clearly abuse its discretion in determining this amendment would substantially change the issues, we affirm.

Case No. 19-1535:  Ra'Shaun Dontier McGee v. State of Iowa

Filed Oct 21, 2020

View Opinion No. 19-1535

            Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Ra’Shaun McGee appeals the district court decision denying his application for postconviction relief.  OPINION HOLDS: We find McGee has not met his burden to show he received ineffective assistance of counsel and he was not subjected to cruel and unusual punishment.  We affirm the decision of the district court.

Case No. 19-1591:  State of Iowa v. Bizimana Sonas Ciza

Filed Oct 21, 2020

View Opinion No. 19-1591

            Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

            Bizimana Ciza appeals his conviction for operating while intoxicated, third offense, contending the district court erred in denying his motion to suppress.  OPINION HOLDS: Having found the community caretaking exception to the warrant requirement supported the warrantless seizure, we affirm the district court’s denial of Ciza’s suppression motion and his judgment and sentence.

Case No. 19-1626:  State of Iowa v. Jason Daniel Burt

Filed Oct 21, 2020

View Opinion No. 19-1626

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (5 pages)

            Jason Burt appeals his convictions for possession of marijuana intent to deliver, second offense, and failure to affix a drug-tax stamp.  He challenges the district court’s ruling denying his motion to suppress the evidence seized during a traffic stop, contending there was no probable cause.  OPINION HOLDS: Because we find sufficient proof the officer had probable cause to believe Burt was violating Iowa Code sections 321.387 and 321.422 (2018) at the time of the stop, the seizure was reasonable under the Fourth Amendment of the United States Constitution.  Therefore, we affirm the denial of the motion to suppress and his convictions. 

Case No. 19-1652:  State of Iowa v. James Albert Castorena

Filed Oct 21, 2020

View Opinion No. 19-1652

            Appeal from the Iowa District Court for Hardin County, Paul B. Ahlers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Ahlers, J., takes no part.  Opinion by Vaitheswaran, P.J.  (3 pages)

            James Castorena appeals the district court’s sentencing order, contending the court abused its discretion in its statement of reasons supporting the sentence.  OPINION HOLDS: We affirm the district court’s sentence.

Case No. 19-1718:  State of Iowa v. Curtis Edward Hawkins

Filed Oct 21, 2020

View Opinion No. 19-1718

            Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Without the benefit of legal counsel, Curtis Hawkins pled guilty to operating while intoxicated (OWI), first offense, in 2007.  Hawkins pled guilty again in 2016 to a second offense OWI.  After being charged with a third OWI, Hawkins learned the previous convictions for OWI served as grounds for enhanced punishment.  On appeal, he challenges the use of his first, uncounseled conviction for OWI as an enhancement in this case.  OPINION HOLDS: We agree with the State that Hawkins failed to show his prior waiver of counsel was not made competently, knowingly, and intelligently.  So we affirm the trial court’s ruling.

Case No. 19-1836:  In re the Marriage of Knutson

Filed Oct 21, 2020

View Opinion No. 19-1836

            Appeal from the Iowa District Court for Winneshiek County, Richard D. Stochl, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (5 pages)

            Natalie Knutson appeals the economic provisions of the decree dissolving her eighteen-year marriage to David Knutson.  OPINION HOLDS: We modify the decree to remove the credit the court gave to David for assets brought into the marriage but affirm a provision awarding David an income-generating business.  We decline to award attorney fees and tax costs of the appeal equally to each party. 

Case No. 19-1837:  Anna Sothman v. State of Iowa

Filed Oct 21, 2020

View Opinion No. 19-1837

            Appeal from the Iowa District Court for Marion County, Michael K. Jacobsen, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            Anna Sothman appeals the denial of her application for postconviction relief.  Sothman claims her trial counsel provided ineffective assistance by providing incorrect and misleading information about her potential sentence prior to her plea and in not asserting her right to a public plea hearing.  OPINION HOLDS: We affirm.

Case No. 19-1962:  State of Iowa v. Melissa Kay Kittell

Filed Oct 21, 2020

View Opinion No. 19-1962

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Melissa Kittell challenges the sufficiency of the evidence for her conviction for third-degree theft, in violation of Iowa Code sections 714.1, 714.2(3) (2018).  In the alternative, Kittell asserts the court convicted her of the wrong level of theft.  OPINION HOLDS: Because substantial evidence supports the conviction and the district court did not err in entering conviction and sentence, we affirm.

Case No. 19-1976:  In the Matter of the Guardianship of L.O. and D.O.

Filed Oct 21, 2020

View Opinion No. 19-1976

            Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            The guardians for two minor children appeal an order granting the mother additional visitation.  OPINION HOLDS: The guardians have not shown the district court erred in granting the mother additional visitation.  We affirm.

Case No. 19-2150:  State of Iowa v. George Alex Lee Cue, Jr.

Filed Oct 21, 2020

View Opinion No. 19-2150

            Appeal from the Iowa District Court for Boone County, Amy M. Moore and Christopher Polking, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (9 pages)

            George Cue plead guilty to four counts of sexual abuse in the second degree.  On appeal, Cue argues he was incompetent to plead guilty, and that the lower court violated due process by failing to hold a competency hearing sua sponte.  OPINIONS HOLDS: We find that Cue was competent to plead guilty and that due process was satisfied regarding his plea.  There was no probable cause established to require a competency hearing.  Thus, we affirm his convictions on four counts of sexual abuse in the second degree.

Case No. 20-0250:  Trevor Gehringer v. Kristi Bloom

Filed Oct 21, 2020

View Opinion No. 20-0250

            Appeal from the Iowa District Court for Warren County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (8 pages)

            Kristi Bloom appeals the district court’s denial of her requested modification of visitation for her child with Trevor Gehringer.  OPINION HOLDS: We affirm the district court’s modification of the decree.

Case No. 20-0262:  Gerald F. Deters and Lynn Rahfeldt v. International Union, Security, Police and Fire Professionals of America, Local Union #249

Filed Oct 21, 2020

View Opinion No. 20-0262

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (10 pages)

            A labor union appeals the district court decision denying its motion for a new trial based on several evidentiary rulings in an age discrimination lawsuit.  The union contends the court abused its discretion by improperly excluding relevant opinion testimony of similarly situated employees.  OPINION HOLDS: Because we find the opinion testimony was inadmissible and excludable under Iowa Rules of Evidence 5.401, 5.701, and 5.403, the district court did not abuse its discretion in excluding the testimony of the similarly situated employees.  We also find insufficient evidence the union was prejudiced by those evidentiary rulings.  For these reasons, we affirm.  Upon request of the plaintiffs for appellate attorney fees, we grant their request and remand to the district court for determining the amount. 

Case No. 20-0313:  In re the Marriage of Heiar

Filed Oct 21, 2020

View Opinion No. 20-0313

            Appeal from the Iowa District Court for Hardin County, John J. Haney, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            Aaron Heiar appeals several components of the decree dissolving his and Joanna Heiar’s marriage.  He asserts he should have been awarded joint physical care or, in the alternative, he should have additional visitation.  Aaron disputes the allocation of expenses for the children as well.  As for the trial issues, he contends the district court abused its discretion by interfering with the testimony of the couple’s therapist, who then refused to testify, and that the district court afforded Joanna and her witnesses more creditability than they deserved.  Joanna requests an award of appellate attorney fees.  OPINION HOLDS: We conclude Aaron did not preserve for review his complaints about the district court’s discussion with the counselor witness.  We affirm the provisions of the decree awarding physical care to Joanna and setting out the visitation schedule for Aaron.  We deny Aaron’s request to change the decree except that we agree he should not pay one-half of the listed expenses of the children.  Finally, we remand the issue of appellate attorney fees to the district court to determine a reasonable award. 

Case No. 20-0678:  In the Interest of E.H., Minor Child

Filed Oct 21, 2020

View Opinion No. 20-0678

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            The mother and father separately appeal the termination of their parental rights to E.H., who was born in 2016.  The court terminated each parent’s rights pursuant to Iowa Code section 232.116(1)(h) (2019).  On appeal, the mother and the father each maintain the State failed to prove the statutory ground for termination, the loss of their rights is not in E.H.’s best interests, and their respective parent-child relationship should be saved due to the closeness of their bond with the child.  Alternatively, each parent maintains they should be given more time to work toward reunification with E.H.  OPINION HOLDS: We affirm the termination of the mother’s and the father’s parental rights.     

Case No. 20-0784:  In the Interest of E.W., Minor Child

Filed Oct 21, 2020

View Opinion No. 20-0784

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (2 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 20-0834:  In the Interest of A.W., Minor Child

Filed Oct 21, 2020

View Opinion No. 20-0834

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

            A mother appeals the termination of her parental rights.  She requests that the statutory exception contained in Iowa Code section 232.116(3)(c) (2020) be applied to preclude termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 20-0934:  In the Interest of H.V., Minor Child

Filed Oct 21, 2020

View Opinion No. 20-0934

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  Dissent by Schumacher, J.  (27 pages)

            A mother appeals the termination of her parental rights.  She contends the State failed to offer clear and convincing evidence that the child, H.V., could not be returned to her care when it relied exclusively on electronic exhibits at trial without calling a single witness.  OPINION HOLDS: The juvenile court improperly allowed the State to shift the burden of disproving the allegations to the mother, even though it permitted the mother to handle the witnesses she called as hostile.  Further, the rules of evidence governing the admission of evidence, including electronic documents, requires the proponent of the evidence to establish authenticity.  Here, the State cannot rely on the mother calling witnesses as providing authentication for the exhibits it proffered.  The witnesses did not testify as to authenticity, and the documents do not entirely reflect upon their authenticity; nor does the State argue they are self-authenticating.  The State made no effort when it cross-examined the witnesses to authenticate the documents through the mother’s witnesses.  The State also failed, when the hearing stretched to three dates over three months, to provide any updated reporting.  The record lacks clear and convincing evidence that H.V. could not be returned to the mother’s care on the day of the final hearing.  We reverse and remand the termination of the mother’s parental rights.  DISSENT ASSERTS: Because the juvenile court is instructed to admit all relevant and material evidence, the case managers were available for cross-examination, the juvenile court did not create a shifting of the burden of proof, and the mother suffered no prejudice, termination of the mother’s parental rights pursuant to Iowa Code section 232.116(1)(f) (2019) is supported by the record.  Additionally, termination was in the child's best interest, a guardianship was not the preferred permanency option under the facts of this case, a six-month extension was not warranted, and reasonable efforts were provided to the mother for a one-year period.  I would affirm termination of the mother's parental rights.

Case No. 20-0945:  In the Interest of J.G. and S.G., Minor Children

Filed Oct 21, 2020

View Opinion No. 20-0945

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A father appeals the termination of his parental rights to his children.  He contends: (1) the State failed to prove “the children could not be returned to [him] at the time of the termination of parental rights hearing or within a reasonable period of time thereafter”; (2) termination of his parental rights was not in the children’s best interests”; (3) he should have been afforded additional time to work toward reunification; and (4) the juvenile court  “abused its discretion in failing to grant the father’s motion to continue the termination hearing to a later date.”  OPINION HOLDS: We affirm the termination of the father’s parental rights to the children.

Case No. 20-0974:  In the Interest of E.H., Minor Child

Filed Oct 21, 2020

View Opinion No. 20-0974

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Ahlers, JJ.  Tabor, J., takes no part.  Opinion by May, J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established the statutory grounds authorizing termination.  Termination is in the child’s best interest.  And the parents are not entitled to additional time to work toward reunification.

Case No. 20-1015:  In the Interest of J.B., Minor Child

Filed Oct 21, 2020

View Opinion No. 20-1015

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to her daughter.  OPINION HOLDS: After eighteen months of the mother failing to fully participate in offered services, we find the statutory grounds for termination satisfied, additional time to work towards reunification is not appropriate, and termination is in the child’s best interests.

Case No. 20-1106:  In the Interest of X.C., Minor Child

Filed Oct 21, 2020

View Opinion No. 20-1106

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            The mother appeals and argues the juvenile court lacked authority to issue an order authorizing The Iowa Department of Human Services (DHS) to contact relatives of her daughter, X.C., for potential placement.  OPINIONS HOLDS: Because DHS has a statutory duty to contact relatives of children removed from their parents care, we find the juvenile court’s order proper.  Thus, we affirm and uphold the court’s order authorizing DHS to contact relatives for possible placement of X.C.

Case No. 18-0181:  State of Iowa v. Nicole Marie Finn

Filed Oct 07, 2020

View Opinion No. 18-0181

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (14 pages)

            Nicole Finn appeals her convictions for one count of first-degree murder and three counts of first-degree kidnapping.  Finn (1) challenges the sufficiency of the evidence to support the findings of guilt on “each kidnapping charge”; (2) argues the district court improperly instructed the jury on the meaning of a term used in the marshalling instruction for kidnapping; (3) contends the district court abused its discretion in denying her motions for change of venue; (4) argues the district court abused its discretion in denying her motions to strike three jurors for cause; and (5) contends her trial attorneys were ineffective in failing to object to a jury instruction that “assume[d] the existence of facts disputed in the record.”  OPINION HOLDS: Upon our review, we affirm.

Case No. 18-1641:  Chad Brewbaker v. State of Iowa

Filed Oct 07, 2020

View Opinion No. 18-1641

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

            Chad Brewbaker appeals the denial of his second postconviction-relief application.  OPINION HOLDS: Brewbaker has failed to preserve error.  Even if we ignored the error preservation issue, we find his claim meritless.

Case No. 18-1846:  Lashawn Terrell Thurman v. State of Iowa

Filed Oct 07, 2020

View Opinion No. 18-1846

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Lashawn Thurman appeals the district court decision denying his application for postconviction relief.  OPINION HOLDS: We find Thurman has not shown he was prejudiced by defense counsel’s performance and, therefore, has not shown he received ineffective assistance of counsel.  We affirm the decision of the district court.

Case No. 18-1935:  State of Iowa v. Shaurome Taylor

Filed Oct 07, 2020

View Opinion No. 18-1935

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            Shaurome Taylor appeals his convictions for delivery of methamphetamine to a minor and sexual abuse in the third degree.  He argues the State engaged in purposeful racial discrimination when it used a peremptory strike to remove a juror and the weight of the evidence does not support his conviction.  OPINION HOLDS: Taylor failed to prove the State engaged in purposeful racial discrimination in striking the juror and the district court did not abuse its discretion in concluding the verdicts were not against the weight of the evidence.

Case No. 19-0386:  Nicholas Breuer v. West Burlington Independent School District

Filed Oct 07, 2020

View Opinion No. 19-0386

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (6 pages)

            A former employee sued a school district based on alleged wrongdoing by a former member of the school board.  The district court granted summary judgment for the school district, finding the school board member’s conduct was not within the scope of his duties as a school board member.  OPINION HOLDS: We agree with the district court that there is no genuine issue of material fact.  So the court was correct in granting the school district’s motion for summary judgment.  We affirm. 

Case No. 19-0477:  State of Iowa v. Ishmael Komeh

Filed Oct 07, 2020

View Opinion No. 19-0477

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (8 pages)

            Ishmael Komeh appeals his conviction for assault causing serious injury, possession of a firearm as a felon, and domestic abuse assault.  He claims trial counsel provided ineffective assistance, asserts inconsistent jury verdicts should have resulted in a new trial or dismissal of a charge, challenges the restitution provision, and claims the sentencing court abused its discretion in imposing consecutive sentences.  OPINION HOLDS: We affirm.

Case No. 19-0489:  State of Iowa v. Keith Edward Cutwright

Filed Oct 07, 2020

View Opinion No. 19-0489

            Appeal from the Iowa District Court for Polk County, William Kelly, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Keith Cutwright appeals the denial of his request for reimbursement of restitution paid for attorney fees.  OPINION HOLDS: Because Cutwright’s restitution was paid in full, there was nothing left for Cutwright to pay, and the district court acted properly in denying his motion to modify restitution.  And Cutwright had no right to court-appointed counsel because an action to modify restitution is civil rather than criminal.

Case No. 19-0564:  Ernie L. Anderson and Anthony Anderson, Co-Administrators and Personal Representatives of the Estate of Charlotte L. Anderson, Deceased v. Donna Bothwell, Mark Bothwell, Ashley Meeker, and Rojobo, Inc. d/b/a Doc's Road House

Filed Oct 07, 2020

View Opinion No. 19-0564

            Appeal from the Iowa District Court for Harrison County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (8 pages)

            The estate of Charlotte Anderson appeals from the district court order granting summary judgment in favor of the defendants on its claims of negligence and misconduct.  OPINION HOLDS: The behavior at issue falls under dramshop liability, which preempts common law tort claims.   Because the estate settled its dramshop claims with the bar, the district court properly granted summary judgment in favor of the bar.  And because the remaining defendants are immune from liability under the social host immunity afforded by the dramshop statute, the court properly granted summary judgment on the remaining claims. 

Case No. 19-0673:  Devon Tisor, Individually, and as the duly appointed administrator of the Estate of Patrick Wayne Tisor, and as natural mother and next friend of K.A.T., a minor, K.D.T., a minor, and K.P.T., a minor v. Richard Hollerauer, William Hunter, John Schmidt, Dennis Herod, Mark Schwerdtfeger, Joe McCarthy, and Yet Unnamed Unknown Co-Employees

Filed Oct 07, 2020

View Opinion No. 19-0673

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (13 pages)

            Devon Tisor appeals the district court’s denial of her motion to extend the deadline to resist summary judgment and the court’s subsequent grant of summary judgment in favor of coemployees at her late husband’s work place.  OPINION HOLDS: Because the district court did not abuse its discretion in denying the motion to extend deadline and properly granted summary judgment, we affirm.

Case No. 19-0819:  Antavieon Jackson v. State of Iowa

Filed Oct 07, 2020

View Opinion No. 19-0819

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (4 pages)

            Antavieon Jackson appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We affirm the district court’s denial of Jackson’s application. 

Case No. 19-0935:  Jackie Jermaine Lane v. State of Iowa

Filed Oct 07, 2020

View Opinion No. 19-0935

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Jackie Jermaine Lane appeals the dismissal of his application for postconviction relief, contending his trial counsel was ineffective in several respects.  OPINION HOLDS: Because Lane has failed to prove counsel was ineffective, we affirm the dismissal of his application.

Case No. 19-0971:  State of Iowa v. Michael James Jones

Filed Oct 07, 2020

View Opinion No. 19-0971

            Appeal from the Iowa District Court for Clay County, Nancy L. Whittenburg, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Carr, S.J., takes no part.  Opinion by Doyle, P.J.  (10 pages)

            A jury found Michael Jones guilty of possession of methamphetamine and marijuana.  Jones claims there is insufficient evidence to support the convictions.  OPINION HOLDS: We are not satisfied the evidence was sufficient for the jury to reasonably infer that Jones knew the drugs were present and exercised control and dominion over them.  Because the evidence could not support the jury’s verdict, we reverse the judgment and sentence entered following Jones’s convictions and remand the case to the district court to vacate Jones’s convictions and dismiss the charges.

Case No. 19-0985:  Estate of Patrick Fields, by its Administrator, Michelle Fields, Michelle Fields, Individually, K.F., By Her Next Friend, Michelle Fields, A.F. By Her Next Friend, Michelle Fields, Jerry Fields, Individually and Mary Jane Fields, Individually v. Troy Shaw; Michael Shaw and Sherry Shaw, Individually, and d/b/a Shaw Trucking and/or Shaw Farms; Landus Cooperative d/b/a Farmers Cooperative Company; and Grinnell Mutual Reinsurance Company

Filed Oct 07, 2020

View Opinion No. 19-0985

            Appeal from the Iowa District Court for Story County, James A. McGlynn, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (21 pages)

            Landus Cooperative (Landus) appeals the denial of its motion for summary judgment, contending the district court erred in finding a genuine issue of material fact whether an employer‑employee relationship existed between Landus and Troy Shaw.  Landus argues under guidance from the Restatement (Second) and the Restatement (Third) of Torts on negligent hiring, it cannot be held directly liable for the harm caused to a third person by the employee of an independent contractor.  OPINION HOLDS: We find there is no genuine issue of material fact that Landus directly hired or retained Troy as its employee.  Because the Restatements do not impose direct employer liability for the harm caused to third parties by an employee hired by its independent contractor, we reverse the court’s second summary judgment ruling on the negligent-hiring claim.  We also reverse the court’s ruling on the motion to dismiss the punitive-damages claim as it stemmed from the negligent-hiring claim.  We remand for further proceedings. 

Case No. 19-1114:  State of Iowa v. Jessica Elvins

Filed Oct 07, 2020

View Opinion No. 19-1114

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A Pottawattamie County jury found Jessica Elvins guilty of willful injury causing serious injury.  On appeal, she argues the trial court erred in denying her motion for acquittal, her counsel was ineffective for failing to raise the issue of identification, and the court abused its discretion in denying her request for a pretrial immunity hearing.  OPINION HOLDS. Because Elvins’s sufficiency- of- the- evidence claim was not preserved, she failed to establish her counsel was ineffective, and the trial court did not err in denying her motion for immunity, we affirm.

Case No. 19-1129:  State of Iowa v. Thomas M. Yarges Jr.

Filed Oct 07, 2020

View Opinion No. 19-1129

            Appeal from the Iowa District Court for Polk County, Robert B. Hansen, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Thomas Yarges pled guilty to third-degree criminal mischief, two counts of driving while barred, and stalking.  Yarges asks that we vacate his convictions, sentences, and judgments and remand his case for further proceedings based on his claim the district court improperly applied his plea deal.  He frames his case under a theory of ineffective assistance of counsel.  OPINION HOLDS: With little information in the record about the interplay between two written plea agreements, we do not know if Yarges got the benefit of his bargain or if his counsel should have objected at sentencing.  Thus, we are unable to rule on this ineffective-assistance claim at this stage of the proceeding.  We affirm Yarges’s convictions and sentences but preserve his claim of ineffective assistance of counsel for possible postconviction-relief proceedings. 

Case No. 19-1131:  Broderick Family, L.P. v. City of Waukee, Iowa

Filed Oct 07, 2020

View Opinion No. 19-1131

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (9 pages)

            Broderick Family, L.P. appeals an order granting the City of Waukee’s motion for summary judgment.  OPINION HOLDS: We agree with the district court that no taking occurred.  So the court was correct in granting Waukee’s motion for summary judgment.  We affirm. 

Case No. 19-1273:  State of Iowa v. Luke Van Hemert

Filed Oct 07, 2020

View Opinion No. 19-1273

            Appeal from the Iowa District Court for Mahaska County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (19 pages)

            Following a conviction of second-degree murder, Luke Van Hemert appeals the district court’s denial of immunity pursuant to Iowa’s stand-your-ground law contained in Iowa Code section 704.13 (2018).  Van Hemert also alleges his counsel was ineffective for failing to object to a malice aforethought inference jury instruction.  He argues the evidence is insufficient to support the jury’s finding that he lacked justification and acted with malice aforethought; the jury’s verdict is contrary to the weight of the evidence; and the trial court erred in excluding certain impeachment evidence.  OPINION HOLDS: We find no error in the trial court’s denial of Van Hemert’s request for a pretrial immunity hearing.  We find substantial evidence supports the jury’s findings that Van Hemert acted without justification and with malice aforethought and the trial court did not abuse its discretion in denying Van Hemert’s motions for new trial. We find the trial court did not abuse its discretion in excluding certain impeachment evidence. Lastly, we are unable to address Van Hemert’s ineffective-assistance-of-counsel claim on direct appeal.

Case No. 19-1287:  Shawn Timothy Lee v. State of Iowa

Filed Oct 07, 2020

View Opinion No. 19-1287

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (9 pages)

            In this postconviction-relief (PCR) appeal, Shawn Lee contends his trial counsel and PCR counsel were ineffective.  OPINION HOLDS: After a de novo review, we find no merit to Lee’s arguments against his trial counsel.  Because the record is inadequate to allow us to decide whether PCR counsel breached a duty and whether prejudice resulted, we cannot resolve this new claim on appeal. We affirm the PCR court’s order denying Lee relief.  

Case No. 19-1344:  Michael Eugene Horlas v. State of Iowa

Filed Oct 07, 2020

View Opinion No. 19-1344

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Michael Eugene Horlas appeals the denial of his application for postconviction relief, contending his sentence of life imprisonment amounts to cruel and unusual punishment in violation of the Eight Amendment to the United States Constitution and Article I, section 17 of the Iowa Constitution.  OPINION HOLDS: We find no Iowa case law that supports Horlas’s argument to extend the holding of Atkins v. Virginia, 536 U.S. 304, 321 (2002)—finding it unconstitutional to impose the death penalty on intellectually disabled defendants—to mentally-ill persons serving a life sentence.

Case No. 19-1423:  In the Matter of the Sandahl Trust (2017)

Filed Oct 07, 2020

View Opinion No. 19-1423

            Appeal from the Iowa District Court for Polk County, Craig E. Block, Associate Probate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (14 pages)

            At issue is whether a document Craig Sandahl signed the day before his death is an amendment to the Sandahl Trust 2017 (“Trust”) or a letter of instruction to his estate planning attorneys.  OPINION HOLDS: We find the October 13, 2017, document to be ambiguous and void for vagueness.  And after reviewing the record, we, like the district court, do not find persuasive extrinsic evidence to resolve the multiple ambiguities within the document.  Thus, we agree with the district court that the October 13, 2017, document is not an amendment to the Sandahl Trust 2017.

Case No. 19-1570:  Marcus Deshawn Gamblin v. State of Iowa

Filed Oct 07, 2020

View Opinion No. 19-1570

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (7 pages)

            Marcus Gamblin appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: Gamblin claims he was entitled to relief because (1) trial counsel elicited testimony about the mandatory minimum sentence for first-degree robbery; and (2) there was a typographical error in the jury instructions.  We disagree.  The district court was right to dismiss Gamblin’s PCR application.

Case No. 19-1585:  State of Iowa v. Randy Laverne Lee

Filed Oct 07, 2020

View Opinion No. 19-1585

            Appeal from the Iowa District Court for Monona County, Julie Schumacher, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Schumacher, J., takes no part.  Opinion by Doyle, P.J.  (3 pages)

            Randy Lee appeals his convictions on two counts of third-degree sexual abuse.  OPINION HOLDS: Under Iowa Code section 814.28 (2019), we may affirm a general verdict of guilt if the one of the alternative theories is supported by the evidence.  Lee challenges only one of the theories submitted to the jury, and ample evidence supports a finding of guilt on other theories.  We affirm.

Case No. 19-2051:  State of Iowa v. Chase Wilson

Filed Oct 07, 2020

View Opinion No. 19-2051

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (16 pages)

            Chase Wilson appeals his conviction for assault with intent to commit sexual abuse.  On appeal, Wilson claims multiple errors, including (1) various forms of ineffective assistance of counsel; (2) the admission of a police interview Wilson gave; (3) the district court’s refusal to admit certain deposition testimony; (4) the district court’s refusal to admit certain testimony by Wilson’s mother; and (5) the admission of portions of a forensic interviewer’s testimony.  OPINION HOLDS: On our own motion, we find we do not have jurisdiction to address Wilson’s ineffective-assistance-of-counsel claims on this direct appeal.  The district court correctly held Wilson’s interview at the police station was not custodial and that the State met its burden to show Wilson gave the interview voluntarily.  Wilson failed to meet his burden of establishing unavailability, so there was no error in refusing to admit D.B.’s deposition testimony in lieu of his live testimony.  The district court did not abuse its discretion in refusing to admit portions of the mother’s testimony.  And the district court did not abuse its discretion by overruling Wilson’s objections to the forensic interviewer’s testimony.  We affirm.

Case No. 20-0126:  State of Iowa v. Ryan Jacob Wieneke

Filed Oct 07, 2020

View Opinion No. 20-0126

            Appeal from the Iowa District Court for Benton County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

           

            Ryan Wieneke appeals the sentence imposed following his guilty plea to the charge of domestic abuse assault while displaying a dangerous weapon.  Wieneke argues the district court abused its discretion by considering facts outside the record, as evidenced by a remark the district court made when sentencing him.  OPINION HOLDS: The district court did not rely on an improper factor when sentencing Wieneke.  We affirm.

Case No. 20-0189:  In re the Marriage of Seehase

Filed Oct 07, 2020

View Opinion No. 20-0189

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Christopher Seehase appeals the child custody and property distribution provisions of the decree dissolving his marriage to Ashley Seehase, contending shared care is not in the children’s best interests and objecting to the division of assets and liabilities.  OPINION HOLDS: We affirm.

Case No. 20-0347:  In the Interest of K.K., C.K., and J.K., Minor Children

Filed Oct 07, 2020

View Opinion No. 20-0347

            Appeal from the Iowa District Court for Henry County, Clinton R. Boddicker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            A mother appeals the juvenile court order denying her petition to terminate a father’s parental rights to three minor children.  On appeal, the mother (1) objects to the juvenile court’s ruling admitting various exhibits offered by the father and (2) argues the father abandoned the children within the meaning of Iowa Code section 600A.8 (2019) because the father failed to maintain contact with the children.  OPINION HOLDS: The juvenile court did not abuse its discretion in admitting the exhibits.  The mother prevented the father from visiting or maintaining contact with the children.  Therefore, she failed to meet her burden to prove the father abandoned the children within the meaning of Iowa Code section 600A.8(3).  We affirm.

Case No. 20-0394:  In the Interest of N.P., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-0394

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Greer, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A mother, Louise, appeals the termination of her parental ties to her daughter, contending the record included insufficient evidence to show she lacked the ability to respond to services and termination is not in the child’s best interests.  OPINION HOLDS: Because the record shows Louise’s lack of insight into her involvement with unsafe individuals and her inability to benefit from substance‑abuse treatment, we find clear and convincing evidence to allow termination under Iowa Code section 232.116(1)(g) (2020).  Placing emphasis on the child’s safety, we also find termination is in the child’s best interests.  We affirm. 

Case No. 20-0580:  In the Interest of Z.D., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-0580

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  REVERSED AND REMANDED.  Considered by Mullins, P.J., Schumacher, J., and Blane, S.J.  Tabor, J., takes no part.  Opinion by Schumacher, J.  (14 pages)

            The State and intervenors appeal the juvenile court order removing the Iowa Department of Human Services (DHS) as the guardian of a minor child.  OPINION HOLDS: The intervenors did not preserve error on their due process claims.  We find the foster parents did not show DHS acted unreasonably or irresponsibly, or that removing DHS as the guardian was in the child’s best interests.  We reverse the decision of the juvenile court and remand for further proceedings.

Case No. 20-0725:  In the Interest of D.W. and T.W., Minor Children

Filed Oct 07, 2020

View Opinion No. 20-0725

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A father appeals the juvenile court’s decision to terminate his parental rights to his two sons after four years of the involvement of the Iowa Department of Human Services (DHS).  He contends 1) the children could have returned to his care in six months, 2) the State failed to make reasonable efforts to reunite his family, and 3) a guardianship is the better alternative.  OPINION HOLDS: Because the DHS has been involved with his family for over four years and has already made numerous efforts for reunification, we find no merit to his claims now.  And because of the children’s need for permanency, we do not prefer placing them in a guardianship.  We affirm. 

Case No. 20-0863:  In the Interest of M.M., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-0863

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (9 pages)

            The father appeals the termination of his parental rights to his daughter, M.M., born in 2014.  The father asserts (1) the court erred in terminating his parental rights, (2) the State failed to make reasonable efforts to unify him with M.M., (3) he should have been allowed an additional six months with reasonable efforts afforded to show he could resume custody and care of M.M, and (4) it is not in the best interests of M.M. to terminate the father’s parental rights because of their close bond.  OPINION HOLDS: We find the father was provided reasonable efforts in working toward reunifying with M.M., termination is in M.M.’s best interests, and an additional six months toward reunification is not warranted.  Thus, we affirm the termination of the father’s parental rights.

Case No. 20-0898:  In the Interest of N.M., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-0898

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Following termination of parental rights, the State appeals from the juvenile court’s order removing the Iowa Department of Human Services (DHS) as the child’s guardian and custodian and appointing the child’s foster parents to serve as guardians and custodians.  OPINION HOLDS: We treat the foster parents’ post-termination filings as a request to remove and replace a guardian.  The DHS’s decisions with regard to the child were within its discretion as guardian and custodian.  Therefore, the juvenile court’s order removing the DHS must be reversed.

Case No. 20-0909:  In the Interest of S.A., G.H., and F.B., Minor Children

Filed Oct 07, 2020

View Opinion No. 20-0909

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Gamble, S.J.  Opinion by Greer, J.  (5 pages)

            The mother appeals the termination of her parental rights to three of her children, G.H., born in 2010; S.A., born in 2013; and F.B., born in 2018.  The juvenile court terminated the mother’s parental rights pursuant to Iowa Code section 232.116(1)(f) (G.H. and S.A.), (h) (F.B.), and (l) (all three children) (2020).  She maintains the court was wrong to find the children could not be returned to her care at the time of the termination hearing or, in the alternative, maintains that an additional period of time would correct the situation and allow for reunification.  OPINION HOLDS: Insofar as the mother preserved a claim the children could be returned at the time of the termination hearing, we find they could not be safely returned.  And, relying only on the record properly before us, we cannot say another six months would allow them to safely return to her care.  We affirm the termination of the mother’s parental rights to these three children.

Case No. 20-0922:  In the Interest of N.L. and E.B., Minor Children

Filed Oct 07, 2020

View Opinion No. 20-0922

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            The mother appeals the termination of her parental rights to her children N.L and E.B., born in 2018 and 2019 respectively.  The juvenile court terminated her rights pursuant to section 232.116(1)(h) and (l) (2020).  The mother does not contest that these statutory grounds have been met.  She argues the juvenile court should have established a guardianship in her brother in lieu of termination and maintains that permanency option is in the children’s best interests in part because of the strong bond the children share with her.  OPINION HOLDS: Because termination of the mother’s parental rights is in the children’s best interests, we cannot establish a guardianship in lieu of termination.  We affirm the termination of the mother’s parental rights.

Case No. 20-0953:  In the Interest of A.K. and A.K., Minor Children

Filed Oct 07, 2020

View Opinion No. 20-0953

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (8 pages)

            A father appeals the juvenile court order terminating his parental rights to two children.  He argues the State failed to offer clear and convincing evidence to establish a statutory ground for termination.  He also argues termination is not in the children’s best interests.  OPINION HOLDS: Because the father showed little to no progress in addressing his severe mental-health and substance-abuse issues, we find clear and convincing that the children could not be safely returned to his care.  We also conclude termination is in the children’s best interests because the father remained unemployed and had unstable housing at the time of the termination hearing.  We affirm.

Case No. 20-0979:  In the Interest of K.A., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-0979

            Appeal from the Iowa District Court for Jefferson County, William S. Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (11 pages)

            The mother and father separately appeal the termination of their parental rights to their child, K.A.  The juvenile court terminated both parents’ parental rights pursuant to Iowa Code section 232.116(1)(e) and (f) (2020).  Both parents assert on appeal (1) additional time should have been granted to work toward reunification pursuant to Iowa Code section 232.104(2)(b) and (2) termination of parental rights is not in the child’s best interests.  The mother also asserts (1) the statutory grounds for termination were not met because the child could have been returned to her care at the time of the termination hearing and (2) the juvenile court erred by denying the mother’s request to continue the termination hearing to a time when the hearing could be held in person rather than by videoconference.  Finally, the father asserts a guardianship for the child should have been established as a less-restrictive alternative to termination of parental rights.  OPINION HOLDS: Because there is no persuasive indication that the need for K.A.’s removal will no longer exist following the requested extension and because K.A. needs permanency now, additional time for reunification is not warranted.  Because the mother does not dispute the juvenile court’s finding that the State has met its burden pursuant to Iowa Code section 232.116(1)(e), she has waived any challenge to the statutory grounds and we need not address this issue on appeal.  We agree with the juvenile court that termination is in K.A.’s best interest and that guardianship is not in K.A.’s best interest.  Given the present circumstances and record before us, the juvenile court did not abuse its discretion by denying the motions to continue and holding the termination hearing by videoconference.

Case No. 20-0987:  In the Interest of O.R., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-0987

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (2 pages)

            A father appeals the juvenile court decision denying the State’s petition to terminate the mother’s parental rights.  OPINION HOLDS: We find the father did not have standing to bring an appeal on the matter, and we dismiss the appeal.

Case No. 20-0995:  In the Interest of O.P., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-0995

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (7 pages)

            The mother and father separately appeal the termination of their respective parental rights to their child, O.P., born in July 2017.  The juvenile court terminated each parent’s rights under Iowa Code section 232.116(1)(h) (2020).  On appeal, the mother maintains the State failed to prove the statutory ground for termination, the loss of her rights is not in the child’s best interests, and two exceptions to termination are applicable and should preclude termination.  Alternatively, she asks for a six-month extension to work on reunification.  The father echoes the mother’s claims and also challenges the court’s March 2020 permanency order, claiming the court should have delayed permanency and given him a six-month extension rather than ordering the termination-of-parental-rights petition to be filed.  OPINION HOLDS: We affirm the termination of each parent’s rights to O.P.   

Case No. 20-1009:  In the Interest of D.H., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-1009

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and May, JJ.  Opinion by May, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the child’s best interest, and we do not apply any permissive exception to termination.

Case No. 20-1028:  In the Interest of K.M., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-1028

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

            A mother appeals from a juvenile court order terminating parental rights to her son, arguing the State failed to prove grounds for termination by clear and convincing evidence, termination is not in the child’s best interest, and provisions of Iowa Code section 232.116(3) (2020) should be applied to avoid termination of her parental rights.  OPINION HOLDS: We affirm.

Case No. 20-1071:  In the Interest of B.S. and B.R., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-1071

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: Clear and convincing evidence supports the grounds for termination, termination is in the children’s best interests, and the State engaged in reasonable efforts to reunify the family.  We affirm the decision of the juvenile court.

Case No. 20-1087:  In the Interest of J.B., Minor Child

Filed Oct 07, 2020

View Opinion No. 20-1087

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            A mother appeals the termination of her parental rights to her minor child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.    

Case No. 18-1086:  State of Iowa v. Cassandra Doran

Filed Sep 23, 2020

View Opinion No. 18-1086

            Appeal from the Iowa District Court for Clinton County, Patrick McElyea (plea) and Henry W. Latham II (sentencing), Judges.  CONVICTIONS AFFIRMED, SENTENCE VACATED, AND CASE REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Cassandra Doran appeals her convictions and sentence following guilty pleas to willful injury causing serious injury with a dangerous weapon and three counts of second-degree criminal mischief.  She challenges the court’s order for restitution and attacks her plea via an ineffective-assistance-of-counsel claim.  OPINION HOLDS: We vacate the restitution portion of the defendant’s sentence and remand for resentencing under the appropriate reasonable-ability-to-pay analysis.  We preserve the ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings.

Case No. 18-1363:  State of Iowa v. Babus L. Conrad

Filed Sep 23, 2020

View Opinion No. 18-1363

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED IN PART, JAIL-FEE ORDERS VACATED, AND CASE REMANDED WITH DIRECTIONS.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Babus Conrad appeals the district court’s entry of judgment and sentence order, contending the district court erred when it required him to pay restitution without first assessing his reasonable ability to pay.  OPINION HOLDS: We affirm the conviction, vacate the sentence in part, vacate the jail-fee orders, and remand the case to the district court with directions.

Case No. 18-1826:  State of Iowa v. Timothy Fred Leachman

Filed Sep 23, 2020

View Opinion No. 18-1826

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J. (11 pages)

            Timothy Leachman appeals his conviction for first-degree burglary.  OPINION HOLDS:  The charge of first-degree burglary did not violate the speedy indictment rule.  Leachman did not show he received ineffective assistance based on defense counsel’s failure to raise a due process claim.  There is substantial evidence in the record to support Leachman’s conviction and his conviction is not contrary to the weight of the evidence.  We affirm Leachman’s conviction.  We vacate the portion of the sentencing order relating to restitution and remand to the district court on this issue.

Case No. 18-2057:  State of Iowa v. Magai Aring Nathaniel Anai Kur

Filed Sep 23, 2020

View Opinion No. 18-2057

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J. (6 pages)

            Magai Anai Kur appeals his convictions of first-degree murder, first-degree robbery, and first-degree burglary, claiming his counsel provided ineffective assistance.  OPINION HOLDS:  Anai Kur fails to establish counsel breached an essential duty and his ineffective-assistance-of-counsel claim thus fails.  We therefore affirm.

Case No. 19-0273:  Danielle Becerra-Shaffer, Staci Boyer, John Douglas, Michael Prevost and Danny Wilson v. Central Iowa Hospital Corporation d/b/a Iowa Methodist Medical Center

Filed Sep 23, 2020

View Opinion No. 19-0273

            Appeal from the Iowa District Court for Polk County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Plaintiffs appeal the district court’s decision granting summary judgment to Central Iowa Hospital Corporation, operating as Iowa Methodist Medical Center (IMMC), on their claims of negligence and infliction of emotional distress arising from the actions of a pharmacy technician.  OPINION HOLDS: The appellants concede that they were not actually exposed to a communicable disease.  We conclude their claims for emotional distress are too remote and speculative for them to be entitled to relief and were unreasonable as a matter of law.  We conclude the district court properly granted summary judgment to IMMC.

Case No. 19-0356:  Loren Long v. State of Iowa

Filed Sep 23, 2020

View Opinion No. 19-0356

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Loren Long appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Long has failed to show he received ineffective assistance of trial counsel, we affirm.

Case No. 19-0371:  State of Iowa v. George McKenery

Filed Sep 23, 2020

View Opinion No. 19-0371

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  CONVICTION AFFIRMED; SENTENCING ORDER VACATED AND REMANDED WITH INSTRUCTIONS.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (5 pages)

            George McKenery appeals his conviction, following a guilty plea, of possession of a controlled substance and the restitution provisions of the sentencing order.  OPINION HOLDS: We affirm McKenery’s conviction, finding his plea was supported by a factual basis and counsel was not ineffective for allowing him to plead guilty and waive his right to file a motion in arrest of judgment.  Because not all items of second-category restitution were before the court and no final restitution order was in place, the purportedly enforceable orders for restitution for correctional fees and attorney fees were improper.  We vacate the sentencing order and remand for entry of a corrected sentencing order and further proceedings.

Case No. 19-0378:  State of Iowa v. Joel Case

Filed Sep 23, 2020

View Opinion No. 19-0378

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy and Glenn E. Pille, Judges.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (24 pages)

            Joel Green Case appeals from his conviction for first-degree theft, asserting there is insufficient evidence to support the conviction.  He also contends the court erred by instructing the jury on aiding and abetting, in denying his request for a Franks hearing, and in denying his motion to suppress evidence obtained upon execution of search warrants.  Case alternatively asserts an ineffective-assistance-of-counsel claim.  OPINION HOLDS: There is substantial evidence the property Case was selling was stolen or he knew or should have known the property was stolen to support the conviction.  The court did not err in instructing the jury on aiding and abetting, in denying Case’s request for a Franks hearing, or in denying the motion to suppress.  We do not address Case’s ineffective-assistance-of-counsel claim.  We affirm.

Case No. 19-0379:  State of Iowa v. Deondra Thomas

Filed Sep 23, 2020

View Opinion No. 19-0379

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Heard by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (15 pages)

            Deondra Thomas appeals his convictions for first-degree murder and possession of a firearm by a prohibited person.  He (1) challenges the sufficiency of the evidence supporting his first-degree murder conviction, (2) claims the district court abused its discretion in admitting certain evidence, and (3) requests we remand to the district court so he can challenge the composition of the jury venire.  OPINION HOLDS: Sufficient evidence supported Thomas’s murder conviction.  Thomas did not preserve error on his claim that certain evidence amounted in improper prior-bad-acts evidence.  We preserve his related ineffective-assistance claim for possible postconviction-relief proceedings.  To the extent Thomas claims the prejudicial value of the challenged evidence substantially outweighed its probative value, we disagree.  And because Thomas failed to establish any element of his fair cross-section claim in the district court, we decline to remand for further development in light of recent changes in caselaw as to some elements. 

Case No. 19-0383:  State of Iowa v. Christine Marie Britt

Filed Sep 23, 2020

View Opinion No. 19-0383

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy and Glenn E. Pille, Judges.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Christina Marie Britt appeals from her conviction for first-degree theft.  OPINION HOLDS: Because there is substantial evidence Britt knew or reasonably should have known the items possessed were stolen, we affirm.

Case No. 19-0395:  State of Iowa v. Christopher Michael Retman

Filed Sep 23, 2020

View Opinion No. 19-0395

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy and Glenn Pille, Judges.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Christopher Michael Retman appeals from his conviction for first-degree theft.  OPINION HOLDS: Because there is substantial evidence Retman knew or reasonably should have known the items possessed were stolen, we affirm.

Case No. 19-0398:  Joseph Matthew Smith v. State of Iowa

Filed Sep 23, 2020

View Opinion No. 19-0398

            Appeal from the Iowa District Court for Buena Vista County, David A. Lester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Gamble, S.J.  Opinion by Vaitheswaran, P.J.  (7 pages)

            Joseph Smith appeals the district court’s denial of his postconviction-relief application, claiming his counsel (1) should have challenged his competency to enter the plea and (2) should have explained the special sentence of lifetime parole.  OPINION HOLDS: The district court did not err when it denied Smith’s ineffective-assistance-of-counsel claims.  Smith’s categorical challenge to his sentence lacks merit, and Smith’s attorney could not have been effective in failing to raise it.  We affirm the district court’s denial of Smith’s postconviction-relief application.

Case No. 19-0545:  Kimberly Ransdell v. Huckleberry Entertainment, LLC

Filed Sep 23, 2020

View Opinion No. 19-0545

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  Dissent by Tabor, P.J.  (27 pages)

            Kimberly Ransdell contends the district court should have granted her motion for new trial.  She contends that, after granting her motion in limine foreclosing Huckleberry Entertainment, LLC’s evidence of comparative fault, the district court wrongly allowed Huckleberry Entertainment to argue that affirmative defense in closing.  She argues the district court compounded its error by instructing the jury on comparative fault.  OPINION HOLDS: We find no error and affirm the district court ruling denying Ransdell’s motion for new trial.  DISSENT ASSERTS: I respectfully dissent from the majority’s conclusion that there were no legal errors when the district court reversed its motion in limine on comparative fault in closing arguments and instructed the jury on the affirmative defense.  Because the district court misused the doctrine of “curative admissibility” and substantial evidence did not support submission of comparative-fault instructions to the jury, errors of law occurred in the proceedings.  And these errors materially affected Ransdell’s substantial rights as she relied on the court’s pretrial ruling throughout trial.  I would reverse and remand for retrial. 

Case No. 19-0579:  State of Iowa v. Scott Alan Johnson

Filed Sep 23, 2020

View Opinion No. 19-0579

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  Dissent by Doyle, P.J.  (11 pages)

            A jury convicted Scott Johnson of operating while under the influence of alcohol, in violation of Iowa Code section 321J.2 (2018).  Johnson appeals the conviction, contending that the district court abused its discretion in denying his motion for a mistrial.  OPINION HOLDS: The district court did not abuse its discretion when it denied Johnson’s motion for mistrial after the State inadvertently disclosed the results of Johnson’s preliminary breath test.  We affirm.  DISSENT ASSERTS: I cannot say the proof that Johnson was under the influence was so strong as to overcome the prejudice of the jury’s hearing the results of the preliminary breath test.  I believe Johnson met his heavy burden to show prejudice, which prevented him from having a fair trial.  I would reverse and remand for a new trial. 

Case No. 19-0692:  Gayle B. Transgrud v. Michael David Leer

Filed Sep 23, 2020

View Opinion No. 19-0692

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (15 pages)

            Gayle Transgrud appeals the district court order granting defendant Michael Leer’s motion for summary judgment and denying her own motion for summary judgment in her suit brought in relation to injuries she sustained while riding in a semi-tractor owned by Leer and operated by Transgrud’s spouse.  OPINION HOLDS: Because there are no genuine issues of material fact and Leer is entitled to judgment as a matter of law, the district court properly denied Transgrud’s motion for summary judgment, granted Leer’s motion for summary judgment, and dismissed the suit.

Case No. 19-0904:  In the Matter of the Guardianships of J.W. and J.W., Minor Children

Filed Sep 23, 2020

View Opinion No. 19-0904

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle, J., and Mahan, S.J.  Opinion by Bower, C.J.  Dissent by Doyle, J.  (7 pages)

 

            A grandmother appeals the striking of her demand for a jury trial on her petition to establish involuntary guardianships for her son’s children, who are in the legal custody of their mother.  OPINION HOLDS: Where there is no question that the proposed wards are minors, we find no error in the court’s denial of a jury trial on that issue.  DISSENT ASSERTS: In striking the grandmother’s jury demand, the district court decided that the issue of whether the children’s mother was not a qualified or suitable caregiver was not part of the jury’s determination that a guardianship was required.  Necessity for appointment of a guardian is a jury question.  And whether a parent is a qualified and suitable caregiver is a part of the necessity question.  The district court erroneously struck the jury demand.  I would reverse and remand for a jury trial.  

Case No. 19-0949:  State of Iowa v. Brent Alan Foster

Filed Sep 23, 2020

View Opinion No. 19-0949

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Brent Foster appeals his conviction of domestic abuse assault.  OPINION HOLDS: We conclude the State presented substantial evidence on the issue of identification.  Through her testimony, the complaining witness identified Foster as her husband, as the person who committed the assault, and as the person in the courtroom.  We affirm Foster’s conviction.

Case No. 19-1103:  State of Iowa v. Christian Daniel Sousley

Filed Sep 23, 2020

View Opinion No. 19-1103

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (21 pages)

            Christian Sousley appeals his convictions of second-degree sexual abuse and sexual exploitation of a minor.  He argues the district court abused its discretion in overruling an objection to expert testimony claimed to be beyond the scope of the minutes of evidence, the evidence was insufficient to support his convictions and the court erred in overruling his motions for judgment of acquittal, his counsel rendered ineffective assistance in failing to object to improper vouching testimony, and the court abused its discretion in denying his motion for a new trial on his claim the verdict was contrary to the weight of the evidence.  OPINION HOLDS: Finding no cause for reversal, we affirm Sousley’s convictions.

Case No. 19-1162:  Matthew Holmes v. Miranda Pomeroy

Filed Sep 23, 2020

View Opinion No. 19-1162

            Appeal from the Iowa District Court for Warren County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (12 pages pages)

            Michael Holmes appeals the denial of his motion for new trial following a defense verdict in this negligence case arising from the collision of Holmes’s bicycle with Miranda Pomeroy’s automobile.  OPINION HOLDS: (1) The district court did not abuse its discretion by limiting questioning designed to elicit hearsay or preventing counsel from arguing hearsay evidence supported Holmes’s case; (2) the district court did not abuse its discretion by admitting evidence of Holmes’s admissions that the accident was “his fault”; (3) the district court did not abuse its discretion by declining to admit evidence that Pomeroy used a phone while driving as habit evidence under Iowa Rule of Evidence 5.406; and (4) error was not preserved on Holmes’s complaints about misconduct during closing arguments.

Case No. 19-1174:  State of Iowa v. Jeremy John Round

Filed Sep 23, 2020

View Opinion No. 19-1174

            Appeal from the Iowa District Court for Floyd County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            Round appeals his conviction for possession with intent to distribute, asserting: (1) the court erred in denying his motion for judgment of acquittal, and (2) the court abused its discretion in denying his motion for a new trial based on the weight of the evidence.  OPINION HOLDS: Substantial evidence supports Round’s conviction for possession of a controlled substance with intent to distribute and the district court did not abuse its discretion in denying Round’s motion for new trial.

Case No. 19-1217:  State of Iowa v. Elvin Allen Shrimpton

Filed Sep 23, 2020

View Opinion No. 19-1217

            Appeal from the Iowa District Court for Cass County, Gregory W. Steensland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            A defendant appeals the district court’s denial of his motion to suppress, arguing the sheriff deputy exceeded a Terry search for weapons and his search was not incident to a lawful arrest.  OPINION HOLDS: The court properly denied the defendant’s motion as the deputy was authorized to make a lawful arrest when the defendant committed the simple misdemeanor in his presence.

Case No. 19-1231:  Noel J. Bender v. State of Iowa

Filed Sep 23, 2020

View Opinion No. 19-1231

            Appeal from the Iowa District Court for Plymouth County, Julie Schumacher, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Schumacher, J., takes no part.  Opinion by Mullins, J.  (5 pages)

            Noel Bender appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm.

Case No. 19-1308:  State of Iowa v. Floyd Davon Taylor Jr.

Filed Sep 23, 2020

View Opinion No. 19-1308

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            After entering a guilty plea, Taylor received a deferred judgment.  The court revoked the previously granted deferred judgment, imposed sentence, and suspended the term of incarceration.  Taylor appeals, contesting his sentence and arguing the trial court failed to consider certain mitigating factors in revoking his deferred judgment.  OPINION HOLDS. We find the trial court sufficiently demonstrated its consideration and exercise of discretion when it revoked Taylor’s deferred judgment.

Case No. 19-1335:  Bobby Eugene McGee v. State of Iowa

Filed Sep 23, 2020

View Opinion No. 19-1335

            Appeal from the Iowa District Court for Decatur County, Gregory A. Hulse, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (12 pages)

            Bobby McGee appeals the denial of his application for postconviction relief.  McGee contends that trial counsel was ineffective in failing to investigate his mental-health condition and competency to stand trial prior to his guilty plea.  OPINION HOLDS: Like the district court, we conclude counsel did not breach an essential duty.  McGee has also failed to show prejudice.  The district court was right to deny relief.

Case No. 19-1369:  Wendy Whitaker v. Fredrick Wixom

Filed Sep 23, 2020

View Opinion No. 19-1369

            Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (12 pages)

            A father appeals the decree awarding the mother physical care of their daughter.  The father contends he is in a better position to serve the child’s long-term best interests.  OPINION HOLDS: After considering the child’s need for greater stability and continuity, we affirm the district court.  The father is unable to pay requested attorney fees, but we assess him costs on appeal. 

Case No. 19-1370:  In re the Marriage of Santee

Filed Sep 23, 2020

View Opinion No. 19-1370

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Douglas and his new wife, Ramona Santee, appeal the order denying their challenge to an administrative levy under Iowa Code chapter 252I (2019).  OPINION HOLDS: Ramona failed to preserve error on her due process claim.  On their equitable estoppel claim, equitable estoppel does not apply to a chapter 252I challenge, and, even if equitable estoppel could apply here, Douglas and Ramona failed to prove equitable estoppel by clear and convincing evidence.

Case No. 19-1382:  In re the Marriage of Greenspon

Filed Sep 23, 2020

View Opinion No. 19-1382

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (12 pages)

            A father appeals the modification of his visitation with three minor children after they and the mother moved out of state to the Chicago suburbs.  He contends the interim visitation schedule, where the children fly to visit him in West Des Moines twice a month, is in their best interests.  OPINION HOLDS: The modified visitation order, which reduces the children’s visits to Iowa to once per month and increases other periods of visitation with the father to compensate, was in the children’s best interests as frequent travelling had impacted their well-being.  We affirm other challenged aspects of the modification and order the parties to pay their own trial and appellate attorney fees. 

Case No. 19-1454:  In re the Marriage of Serrano

Filed Sep 23, 2020

View Opinion No. 19-1454

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Danilson, S.J.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Emilio Serrano appeals the district court’s denial of his motion for sanctions.  OPINION HOLDS: We conclude the district court did not abuse its discretion in denying Emilio’s motion for sanctions.  

Case No. 19-1461:  State of Iowa v. Cassandra K. Greenway

Filed Sep 23, 2020

View Opinion No. 19-1461

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Cassandra Greenway appeals the district court order denying her motion in arrest of judgment following her guilty plea.  On appeal, Greenway argues her motion should have been granted because her guilty plea was not knowingly and voluntarily entered.  She asserts her attorney was unprepared to go to trial, so she had no choice but to plead guilty.  OPINION HOLDS:

Since Greenway’s guilty plea was accepted before July 1, 2019, recent amendments to Iowa Code section 814.6 do not apply, Greenway has the statutory right to appeal, and we have jurisdiction to hear the appeal.  To the extent Greenway’s claim on appeal is an attempt to assert an ineffective-assistance-of-counsel claim, we are unable to address it.  To the extent Greenway is arguing her motion in arrest of judgment should have been granted on the merits, the record demonstrates no abuse of discretion by the district court.  We affirm.

Case No. 19-1463:  State of Iowa v. Latisha Marie Watson

Filed Sep 23, 2020

View Opinion No. 19-1463

            Appeal from the Iowa District Court for Monona County, Tod Deck, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Latisha Watson appeals the district court judgment finding her guilty of possession of a controlled substance in violation of Iowa Code section 124.401(5).  On appeal, Watson challenges the sufficiency of the evidence that she possessed the marijuana.  OPINION HOLDS: The witness testimony that Watson handed him marijuana when she realized police were at her house so the witness could “take the rap for her” is sufficient evidence of Watson’s actual possession of the drugs to sustain the guilty finding.  We affirm.

Case No. 19-1538:  State of Iowa v. Terrell Sallay

Filed Sep 23, 2020

View Opinion No. 19-1538

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Terrell Sallay appeals his conviction for domestic abuse assault causing bodily injury, third or subsequent offense.  OPINION HOLDS: We find there is substantial evidence in the record to support Sallay’s conviction.  Also, he was not improperly subjected to ex post facto punishment requiring him to serve a more severe sentence than was available at the time the offense was committed.  We affirm Sallay’s conviction and sentence.

Case No. 19-1561:  State of Iowa v. William Frank Fetner

Filed Sep 23, 2020

View Opinion No. 19-1561

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

            William Fetner appeals following his guilty plea to possession of a controlled substance (marijuana), third or subsequent offense, and driving while barred.  Fetner contends the district court considered an “impermissible” and “irrelevant” factor in imposing his sentence.  OPINION HOLDS: We affirm Fetner’s judgment and sentence.

Case No. 19-1607:  Brandon Dewield Tate v. State of Iowa

Filed Sep 23, 2020

View Opinion No. 19-1607

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Brandon Tate appeals the denial of his application for postconviction relief, arguing his trial attorney was ineffective (1) “by advising [him] not to testify”; (2) for “failing to investigate”; and (3) for “failing to effectively impeach” the woman.  OPINION HOLDS: We affirm the postconviction court’s denial of Tate’s postconviction-relief application.

Case No. 19-1782:  State of Iowa v. Deangelo D. Allen

Filed Sep 23, 2020

View Opinion No. 19-1782

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (3 pages)

            Deangelo Allen challenges the sentences imposed after pleading guilty to various charges.  OPINION HOLDS: Although the record would also support suspending the sentences, nothing indicates the court abused its discretion in imposing the sentences of incarceration. 

Case No. 19-1827:  In re the Marriage of Roberts

Filed Sep 23, 2020

View Opinion No. 19-1827

            Appeal from the Iowa District Court for Story County, Steven J. Oeth, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Divinity De Los Rios, formerly known as Divinity Roberts, appeals the district court’s decision denying her application for modification of the parties’ dissolution decree.  OPINION HOLDS: We find the district court properly denied Divinity’s request for sole legal custody, and we affirm on this issue.  We reverse the district court’s decision requiring Divinity to reveal her physical address based on her participation in an address-confidentiality program.  The matter is remanded to the district court for consideration of the applicable law and for additional factual findings concerning the address disclosure provision.  Accordingly, we affirm in part, reverse in part, and remand to the district court.

Case No. 19-1873:  State of Iowa v. Chanjuok Obuing Odhung

Filed Sep 23, 2020

View Opinion No. 19-1873

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (2 page)

            Chanjuok Obuing Odhung appeals his conviction and sentence for first-degree robbery.  OPINION HOLDS: Because Odhung’s conviction was entered in November 2019, we lack authority to consider his ineffective-assistance-of-counsel claim in light of recent statutory amendments to Iowa Code section 814.6 (2019).  As for the sentencing issue, we decline to extend State v. Lyle, 854 N.W.2d 378 (Iowa 2014), and find its holding inapplicable because Odhung was nineteen years old when he committed the offense.

Case No. 19-1960:  State of Iowa v. Kyle Alan Olson

Filed Sep 23, 2020

View Opinion No. 19-1960

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J. (11 pages)

           

            Kyle Olson appeals following his conviction of forgery, arguing the State presented insufficient evidence to support his conviction.  He also contends the district court abused its discretion by considering improper factors in determining the sentence.  OPINION HOLDS: After reviewing the totality of the evidence, because a reasonable juror could find that Olson had the specific intent to defraud or injure his sisters when he deposited the insurance check, we affirm his conviction.  We affirm Olson’s sentence because there was no affirmative proof the court relied on unproven offenses. 

Case No. 19-2008:  In re the Marriage of Kanetomo

Filed Sep 23, 2020

View Opinion No. 19-2008

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED AS MODIFIED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (10 pages)

            Nicholas Kanetomo (Nick) appeals, and Nicole Kanetomo cross-appeals, a decree modifying a dissolution-of-marriage decree.  Nick argues the court erred in not awarding him joint legal custody and the modification to the visitation provisions of the decree “are so minimal as to be effectively meaningless.”  Nicole argues the court erred in finding Nick met his burden to warrant any modification in visitation.  Nick requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s refusal to modify legal custody.  We agree modification of visitation was appropriate, but we modify the visitation schedule imposed by the district court.  We deny Nick’s request for appellate attorney fees.  Costs on appeal are assessed equally between the parties. 

Case No. 19-2039:  State of Iowa v. Neal Cymone Johnson

Filed Sep 23, 2020

View Opinion No. 19-2039

            Appeal from the Iowa District Court for Linn County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            Neal Johnson appeals his conviction of burglary in the second degree, arguing there was insufficient evidence to prove that he acted with the specific intent to commit sexual abuse.  OPINION HOLDS: We find the record contains sufficient evidence for a rational jury to find Johnson had the specific intent to commit sexual abuse.  We affirm Johnson’s conviction.

Case No. 19-2057:  First American Bank and Greenstate Credit Union v. Cheryl Lynn Johnson, et al.

Filed Sep 23, 2020

View Opinion No. 19-2057

            Appeal from the Iowa District Court for Webster County, Gina C. Badding, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            After she defaulted on agreements to pay a mortgage debt, First American Bank (First American) moved for summary judgment to collect the monies from Cheryl Johnson.The district court ruled in favor of the bank and entered a foreclosure decree and an attorney fee judgment against Johnson.Johnson raised claims of abuse of legal process for the bank’s efforts to seek a conservatorship over her.She appeals the dismissal of her counterclaim.She also argues she was not in default of her agreement with the bank and it was error for the district court to grant the bank’s summary judgment.Finally, Johnson disputes the attorney fee award as unreasonable.First American argues that only the attorney fee question is properly before us for consideration because the appeal on the issues resolved by summary judgment is untimely.  OPINION HOLDS: We deny First American’s motion to dismiss the appeal as untimely and affirm the district court on all other issues raised on this appeal.

Case No. 19-2058:  State of Iowa v. Oscar Miguel Nunez Cabrera

Filed Sep 23, 2020

View Opinion No. 19-2058

            Appeal from the Iowa District Court for Marshall County, Bethany Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Oscar Nunez Cabrera appeals the district court’s sentencing order, contending the sentence is grossly disproportionate to his crimes and the court abused its discretion by failing to adequately address mitigating circumstances and his potential for rehabilitation.  OPINION HOLDS: We affirm the district court’s sentencing order and Nunez Cabrera’s sentence.

Case No. 19-2116:  In the Interest of O.G., Minor Child

Filed Sep 23, 2020

View Opinion No. 19-2116

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (14 pages)

            A father appeals the district court's ruling terminating his parental rights to his daughter, O.G., following an action initiated by the child’s mother under Iowa Code chapter 600A (2019).  OPINION HOLDS: The father argues the court erred in finding clear and convincing evidence that he abandoned his daughter within the meaning of Iowa Code section 600A.8(3).  He also argues termination is not in O.G.’s best interest and asserts the district court should have appointed O.G. an attorney separate from O.G.’s guardian ad litem.  We affirm the decision of the district court.

Case No. 20-0136:  Kevin Lancial v. Charles Burrell and Matthew Van Dyke

Filed Sep 23, 2020

View Opinion No. 20-0136

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

            Kevin Lancial appeals from summary judgment granted for the defendants in his gross negligence suit.  OPINION HOLDS: To establish his co-employees were grossly negligent, Lancial must show defendants had: “(1) knowledge of the peril to be apprehended; (2) knowledge that injury is a probable, as opposed to a possible, result of the danger; and (3) a conscious failure to avoid the peril.”  Thompson v. Bohlken, 312 N.W.2d 501, 505 (Iowa 1981).  Because the evidence did not support the second element, grant of summary judgment was proper.    

Case No. 20-0176:  State of Iowa v. James David Harwood Jr.

Filed Sep 23, 2020

View Opinion No. 20-0176

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (2 pages)

            James Harwood Jr. pleaded guilty to sexual abuse in the third degree.  He appeals, claiming his counsel was ineffective in allowing him to plead guilty without properly investigating or raising an issue as to his mental capacity.  OPINION HOLDS: By operation of statute, we lack jurisdiction to hear Harwood’s appeal.

Case No. 20-0318:  In the Interest of E.S., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0318

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            A mother appeals the termination of her parental rights to her child, contending the State failed to prove the grounds for termination cited by the juvenile court.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the mother’s parental rights.

Case No. 20-0372:  In the Interest of P.H., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0372

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            The State appeals the juvenile court’s decision denying a child-in-need-of-assistance petition.  OPINION HOLDS: We conclude the juvenile court should have granted the State’s petition for adjudication of the child as a child in need of assistance under Iowa Code section 232.2(6)(c)(2) (2020).  We also conclude the court should have continued the removal of the child from the parents’ care.  We reverse the decision of the juvenile court and remand for further proceedings.

Case No. 20-0522:  In the Interest of T.J. and D.J., Minor Children

Filed Sep 23, 2020

View Opinion No. 20-0522

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (8 pages)

            A grandmother appeals the denial of her petitions to adopt two children.  OPINION HOLDS: Because DHS’s consent was necessary to the adoption, consent was withdrawn prior to the adoption hearing, and DHS made its decision in the best interests of the children, we affirm the juvenile court’s denial of the grandmother’s petitions to adopt.

Case No. 20-0684:  In the Interest of A.E., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0684

            Appeal from the Iowa District Court for O'Brien County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            A mother appeals a juvenile court decision adjudicating her child to be in need of assistance (CINA).  OPINION HOLDS: The evidence shows it is imminently likely the child will suffer harmful effects from the care provided by those the mother chooses to watch the child.  Furthermore, we find the CINA adjudication is in the child’s best interests.  The child has special needs, and it is important that he receive care commensurate with those special needs.  We affirm the decision of the juvenile court.

Case No. 20-0793:  In the Interest of I.N. and N.N., Minor Children

Filed Sep 23, 2020

View Opinion No. 20-0793

            Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  REVERSED AND REMANDED.  Considered by Mullins, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (15 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because we retain a substantial doubt about the conclusion reached by the juvenile court to terminate parental rights, we reverse termination of the mother’s parental rights and remand for further proceedings.  We find the State did not meet its burden to prove the children could not be returned to the mother’s care by clear and convincing evidence. 

Case No. 20-0859:  In the Interest of H.M., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0859

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother appeals the termination of her parental rights, asserting termination is not in the child’s best interests.  OPINION HOLDS: The child deserves permanency, and we therefore affirm.

Case No. 20-0878:  In the Interest of J.H., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0878

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            The father of J.H. appeals the review order that terminated the juvenile court jurisdiction and transferred jurisdiction to the probate court for the establishment of a guardianship for J.H.  OPINION HOLDS: Because transferring jurisdiction was a proper action under the Iowa Code and J.H. is thriving with her guardian and half-siblings, we affirm.

Case No. 20-0882:  In the Interest of N.M., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0882

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The mother and biological father of the child separately appeal the termination of their parental rights.  OPINION HOLDS: We agree with the juvenile court that the child could not be returned to either parent at the time of the termination hearing and termination of the parents’ parental rights is in the child’s best interest.

Case No. 20-0887:  In the Interest of Z.L., S.L., C.W., and L.W., Minor Children

Filed Sep 23, 2020

View Opinion No. 20-0887

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED ON ALL THREE APPEALS.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            A mother and two fathers separately appeal the termination of their parental rights.  OPINION HOLDS: Clear and convincing evidence supports the grounds for termination for all three parents, termination is in the children’s best interests, and an extension of time is not warranted.  We affirm on all three appeals.

Case No. 20-0891:  In the Interest of A.M., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0891

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A father appeals the termination of his parental rights to a child, contending (1) the State failed to prove the grounds for termination cited by the district court; (2) termination was not in the child’s best interests; (3) the district court should have invoked an exception to termination based on the bond he shared with the child; and (4) the district court should have afforded him additional time to achieve reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

Case No. 20-0923:  In the Interest of O.W., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0923

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

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because clear and convincing evidence shows the child cannot be returned to the father’s care without risk of further adjudicatory harm, the grounds for termination under Iowa Code section 232.116(1)(h) (2020) have been met.  Because termination is in the child’s best interests, we affirm.

Case No. 20-0924:  In the Interest L.D., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0924

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the termination of her parental rights to her son.  She argues she should have been afforded additional time for reunification efforts and that a guardianship was the preferred permanency option over termination.  OPINION HOLDS: We affirm the decision of the juvenile court.

Case No. 20-0929:  In the Interest of B.S., M.G., J.W., and S.W., Minor Children

Filed Sep 23, 2020

View Opinion No. 20-0929

            Appeal from the Iowa District Court for Linn County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

            A mother appeals the termination of her parental rights to her four children pursuant to Iowa Code section 232.116(1)(f), (h), and (l) (2020).  On appeal, the mother claims the juvenile court erred in holding the termination hearing telephonically despite her refusal to waive her personal presence and termination is contrary to the children’s best interests given the detriment resulting from severance of the parent-child relationships.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 20-0933:  In the Interest of A.B., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0933

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because it is in the child’s best interests to terminate the father’s parental rights, we affirm.

Case No. 20-0936:  In the Interest of J.W., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0936

            Appeal from the Iowa District Court for Monroe County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            A father challenges the termination of his parental rights, asserting (1) a guardianship is in his daughter’s best interests and (2) the department of human services (DHS) failed to make reasonable efforts to reunite them.  OPINION HOLDS: Because of the lack of progress in the father’s substance-abuse, mental-health, homelessness, and joblessness issues, and the offer of a permanent home with the maternal grandfather, who has been the child’s primary caretaker for most of her life, we conclude termination is in her best interests.  The grandfather can provide a permanent and safe home, so we see no need to prolong the period of instability and impermanence.  We find the father failed to preserve his reasonable-efforts claim by not raising objections earlier; yet we would still find the DHS made reasonable efforts. 

Case No. 20-0951:  In the Interest of E.C., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-0951

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (4 pages)

            A mother appeals the termination of her parental rights to her child, challenging the sufficiency of the evidence supporting the statutory grounds for termination cited by the juvenile court and claiming termination is contrary to the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 20-1007:  In the Interest of T.G., Minor Child

Filed Sep 23, 2020

View Opinion No. 20-1007

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We agree with the juvenile court decision finding statutory grounds for termination satisfied and termination to be in the child’s best interest. 

Case No. 18-2010:  State of Iowa v. Jack Deaton

Filed Sep 02, 2020

View Opinion No. 18-2010

            Appeal from the Iowa District Court for Scott County, Thomas Reidel, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

Jack Deaton appeals from his convictions for assault by using or displaying a dangerous weapon and assault causing bodily injury.  He argues there is insufficient evidence to support his conviction for assault with a dangerous weapon.  He also raises several claims of ineffective assistance, including that counsel provided ineffective assistance by failing to move for a new trial on both counts based on the weight of the evidence being contrary to the verdicts and by failing to object to several portions of testimony.  OPINION HOLDS: Sufficient evidence supports Deaton’s conviction for assault by using or displaying a dangerous weapon.  The rest of Deaton’s claims, brought under the framework of ineffective assistance, are preserved for a postconviction-relief action.  We affirm Deaton’s convictions.  

Case No. 19-0156:  Manatt's Inc. v. Tanam Real Estate, LLC and Joseph J. Manatt

Filed Sep 02, 2020

View Opinion No. 19-0156

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (11 pages)

            Joseph Manatt (Joe) and Tanam Real Estate, LLC, (Tanam) appeal a district court order granting a new trial.  Manatt’s Inc. cross-appeals, arguing the district court should have limited the new trial’s scope.  OPINION HOLDS: On our review of the record, we find there was substantial evidence to support the district court’s denial of Joe’s and Tanam’s motion for directed verdict on the breach-of-fiduciary-duty claim.  We also find the answers provided on the verdict form were inconsistent and cannot be harmonized in accordance with the evidence presented at trial.  Finally, the breach-of-fiduciary-duty and damages issues are not so distinct and separable to warrant retrial solely on damages. 

Case No. 19-0184:  State of Iowa v. Jay Steven Genthe

Filed Sep 02, 2020

View Opinion No. 19-0184

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  WRIT ANNULLED.  Considered by Bower, C.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            Jay Genthe appeals from his sentence, including the order nunc pro tunc filed after the initial sentencing order.  Genthe understands the court’s second order to show the court reconsidered his sentence and maintains the court’s reconsideration was illegal because it was not done in accordance with Iowa Code section 903.2 (2019).  We treat Genthe’s appeal as a petition for writ of certiorari and grant the petition.  OPINION HOLDS: Because the district court did not err in its use of the order nunc pro tunc, we annul the writ.

Case No. 19-0465:  Christopher LeGear v. State of Iowa

Filed Sep 02, 2020

View Opinion No. 19-0465

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (14 pages)

            Applicant appeals the district grant of the State’s motion for summary dismissal of his third application for postconviction relief from his conviction of first-degree murder in 1982, based on being untimely, beyond the three-year statute of limitation in Iowa Code section 822.3 (2016) and there not being a new ground of fact or law.  OPINION HOLDS: The district court ruling is supported by the evidence and a correct application of law.  We affirm the dismissal.

Case No. 19-0542:  State of Iowa v. John Green

Filed Sep 02, 2020

View Opinion No. 19-0542

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge, and Gregg R. Rosenbladt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            John Green appeals his convictions for felon in possession of a firearm, possession with intent to deliver cocaine, possession with intent to deliver marijuana, and two counts of failure to affix a drug tax stamp.  OPINION HOLDS: There is insufficient evidence Green constructively possessed a firearm or a bag of cocaine, both of which were found in the ceiling of a jointly occupied apartment.  So we reverse his convictions related to possession of the firearm and cocaine.  But we find sufficient evidence establishes Green constructively possessed marijuana with intent to deliver.  So we affirm his conviction for possession with intent to deliver marijuana and the corresponding conviction for failure to affix a drug tax stamp.

Case No. 19-0600:  Charles E. McBeth and Janet M. McBeth, Individually and as Trustees of the Charles E. McBeth and Janet M. McBeth Revocable Trust, dated September 13, 2012 v. Carolyn McBeth

Filed Sep 02, 2020

View Opinion No. 19-0600

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  AFFIRMED ON APPEAL; AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON CROSS-APPEAL.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (11 pages)

            Carolyn McBeth appeals the district court’s ruling in favor of Charles and Janet McBeth on their breach-of-contract claim, and Charles and Janet McBeth cross-appeal the adverse rulings in a replevin action.  OPINION HOLDS: I. Because clear and convincing evidence shows the parties agreed to new lease terms prior to the 2014 crop year, we affirm the finding that Charles and Janet are entitled to $388,756.50 in damages on their breach-of-contract claim.  II. The uncontroverted evidence establishes Charles’s ownership in the farm equipment listed in his replevin petition and the equipment listed in Carolyn’s counterclaim.  We reverse the portion of the district court’s order denying Charles’s replevin claim and remand to the district court to issue a writ of replevin for the seven items listed in the petition and contested on appeal or an order in replevin entering judgment against Carolyn for the value of the equipment.  Since not contested on appeal, that portion of the court’s order ordering the return to Charles of the John Deere 4440 tractor and the 2007 Caterpillar D6G bulldozer is affirmed.  We also reverse the portion of the court’s order finding in favor of Carolyn on her counterclaim and remove the $45,000 credit against the breach-of-contract judgment.

Case No. 19-0767:  Roxanne Rieder and Tony Rieder v. David Segal, M.D., Theodore Donta, M.D., PH.D, Eastern Iowa Brain and Spine Surgery, PLLC, Radiology Consultants of Iowa, PLC and Mercy Hospitals, Cedar Rapids, Iowa, d/b/a Mercy Medical Center, Cedar Rapids, Iowa

Filed Sep 02, 2020

View Opinion No. 19-0767

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Roxanne and Tony Rieder appeal the district court’s order granting summary judgment in favor of Mercy Medical Center.  The Rieders argue (1) “the peer review privilege is unreasonable when applied in negligent credentialing cases” and (2) the district court “fail[ed] to view the evidence in the light most favorable to the [Rieders],” “abused its discretion by weighing the evidence,” and “abused its discretion in excluding highly relevant evidence.”  OPINION HOLDS: Because the court was not allowed to weigh the evidence on summary judgment, we reverse the court’s second summary judgment ruling, and because the district court considered foreseeability in determining that Mercy did not owe the Rieders a duty, we also reverse the district court’s first, partial summary judgment ruling.  We reverse and remand for further proceedings.

Case No. 19-0808:  State of Iowa v. Wichang Gach Chawech

Filed Sep 02, 2020

View Opinion No. 19-0808

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  SENTENCE VACATED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Wichang Chawech appeals the district court’s entry of judgment and sentence on his Alford guilty plea, contending his trial counsel rendered ineffective assistance of counsel by failing to file a motion to suppress evidence gained in a warrantless search of his vehicle and challenge the factual basis for the plea.  OPINION HOLDS: We vacate the sentence and remand the case for further proceedings.

Case No. 19-0890:  State of Iowa v. Rodney C. Henricksen

Filed Sep 02, 2020

View Opinion No. 19-0890

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Mahan, S.J.  Opinion by Mahan, S.J. (9 pages)

            Rodney Henricksen appeals his conviction of murder in the second degree, raising claims with regard to his justification defense and the admission of testimony from a lip-reading expert.  OPINION HOLDS: Upon our review, we affirm.

Case No. 19-0902:  Scott Rolenc v. Judith C. Rolenc, an Individual, Judith C. Rolenc, Successor Trustee of the Ronald C. Rolenc Revocable Trust, and Judith C. Rolenc, Trustee of the Judith C. Rolenc Revocable Trust, and Brian S. Mensen, Guardian and Conservator of Judith C. Rolenc, Ward

Filed Sep 02, 2020

View Opinion No. 19-0902

            Appeal from the Iowa District Court for Montgomery County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (7 pages)

            Scott Rolenc appeals the ruling on his action for specific performance of a stock purchase agreement.  OPINION HOLDS: After considering Scott’s arguments, we conclude the district court properly interpreted the terms of the stock purchase agreement to apportion the sale of Ronald Rolenc’s shares of the corporation between Scott and Judith Rolenc and to require Judith to purchase Scott’s shares when he was terminated in July 2017. 

Case No. 19-0915:  In the Interest of G.H. and R.H., Minor Children

Filed Sep 02, 2020

View Opinion No. 19-0915

            Appeal from the Iowa District Court for Adams County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (10 pages)

            A father appeals the termination of his parental rights to two children under Iowa Code chapter 600A (2019).  The father does not deny his failure to live up to his financial obligation to his children but instead claims good cause.  OPINION HOLDS: Because we find no merit in his claim that lack of employment and mental-health disorders prevented him from paying child support, we find clear and convincing evidence that Jeffrey failed to provide financial support without good cause.  And it was in the children’s best interests to terminate his parental rights.

Case No. 19-0975:  Daniel Ray Penticoff v. State of Iowa

Filed Sep 02, 2020

View Opinion No. 19-0975

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  Dissent by May, J.  (12 pages)

            Daniel Penticoff appeals the district court’s summary dismissal of his postconviction-relief application as time-barred.  Penticoff argues his freestanding actual-innocence claim, based on Schmidt v. State, 909 N.W.2d 778 (Iowa 2018), falls under the “ground of fact or law” exception to the three-year limitations period of Iowa Code section 822.3 (2018).  OPINION HOLDS: We conclude Penticoff’s actual-innocence claim is a ground of law that Penticoff could not have raised within the limitations period.  We do not reach the merits of his actual-innocence claim but remand for further proceedings.  DISSENT ASSERTS: Penticoff’s claims are barred by Iowa Code section 822.3 (2018) because (1) Penticoff failed to demonstrate his claims are based a ground of fact or law that could not have been raised within the three years after he was sentenced; and (2) Penticoff failed to file his application within those three years.  The district court was right to dismiss Penticoff’s application.  I respectfully dissent.

Case No. 19-1088:  State of Iowa v. Douglas Kent Lindaman

Filed Sep 02, 2020

View Opinion No. 19-1088

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (16 pages)

            The defendant appeals his convictions for two counts of failure to comply with sex-offender-registry requirements.  OPINION HOLDS: No issue raised in either counsel’s brief or the defendant’s pro se briefing is meritorious.  So we affirm the convictions. 

Case No. 19-1148:  State of Iowa v. Dave A. Rutledge

Filed Sep 02, 2020

View Opinion No. 19-1148

            Appeal from the Iowa District Court for Tama County, Andrew Chappell, Judge.  AFFIRMED. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J. (5 pages)

            Dave Rutledge appeals the amount of restitution imposed in his supplemental restitution order.  OPINION HOLDS: Rutledge may appeal from his supplemental restitution order.  However, the civil statute of limitations does not apply to his restitution order, and substantial evidence supports the amount of victim restitution imposed.

Case No. 19-1196:  Arthur Alan Poyner v. State of Iowa

Filed Sep 02, 2020

View Opinion No. 19-1196

            Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Scott, S.J.  Opinion by Mullins, P.J.  (5 pages)

            Arthur Poyner appeals following the summary disposition of his application for postconviction relief.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the district court. 

Case No. 19-1222:  In re the Marriage of Mrla

Filed Sep 02, 2020

View Opinion No. 19-1222

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Vogel, S.J.  Opinion by Doyle, P.J.  (13 pages)

            Angela Mrla appeals from the property division decree entered after trial on remand from this court.  She challenges the decree in many respects.  OPINION HOLDS: Finding no merit to her arguments, we affirm.

Case No. 19-1301:  State of Iowa v. Brianna Kay Havemann

Filed Sep 02, 2020

View Opinion No. 19-1301

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

Brianna Havemann appeals the district court’s denial of her motion to suppress, contending the deputy lacked reasonable suspicion to prolong the stop for further investigation of the presence of drugs in her vehicle.  OPINION HOLDS: We affirm the district court’s suppression ruling and Havemann’s judgment and sentence for possession of marijuana.

Case No. 19-1513:  State of Iowa v. Richard Austin Davis

Filed Sep 02, 2020

View Opinion No. 19-1513

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (4 pages)

            Richard Davis appeals his drug conviction, challenging the denial of his motion to suppress.  OPINION HOLDS: We affirm the denial of Davis’s motion to suppress and his conviction.  

Case No. 19-1577:  In re the Marriage of Krug

Filed Sep 02, 2020

View Opinion No. 19-1577

            Appeal from the Iowa District Court for Iowa County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Mahan, S.J.  Opinion by Greer, J.  (6 pages)

            Steven Krug appeals from the decree dissolving his marriage to Amy Krug.  He challenges the court’s decision to give Amy sole legal custody and physical care of the parties’ minor child, K.K.  He argues they should share joint legal custody and K.K. should be placed in his physical care.  He also challenges the court’s award of the marital home to Amy and, after providing no evidence of his own regarding the value of the home, complains of the district court’s valuation.  To correct that omission, Steven asks that we remand so more evidence about the value can be presented.  Steven argues the district court abused its discretion in ordering him to pay $10,000 of Amy’s attorney fees.  Amy asks that we affirm and requests that Steven pay $3000 of her appellate attorney fees.  OPINION HOLDS: The district court fully and carefully considered the facts and legal issues in the written decree, and we agree with its well-reasoned conclusions.  We affirm the district court’s decree and award Amy $3000 in appellate attorney fees.

Case No. 19-1594:  Delaine Petersen v. Kirk Huehn

Filed Sep 02, 2020

View Opinion No. 19-1594

            Appeal from the Iowa District Court for Carroll County, Gary McMinimee, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (7 pages)

            Delaine Petersen appeals an order granting Kirk Huehn’s motion for summary judgment.  OPINION HOLDS: Petersen has not shown the district court erred in granting summary judgment in favor of Huehn on the basis of claim preclusion.  We affirm. 

Case No. 19-1600:  Doug Knotek v. Cynthia Mellin

Filed Sep 02, 2020

View Opinion No. 19-1600

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED AS MODIFIED ON BOTH APPEALS AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (23 pages)

            Following the most recent modification of the order for child custody, visitation, and support, the mother, Cynthia Mellin, appeals the award of sole legal custody and physical care to the father of their twins, Doug Knotek.  She asserts Doug did not prove he could provide superior care for the children justifying a change in custody and physical care, the district court afforded too much weight to the findings of the child custody evaluator and, alternatively, Doug failed to preserve his appellate request for child support.  On cross-appeal, Doug complains the district court misunderstood his position on waiving the child-support obligation and requests appellate attorney fees.  OPINION HOLDS: We affirm the district court determination finding a change in circumstances warranting the grant of sole legal custody and physical care to Doug.  We modify the order to add more time to Cynthia’s visitation and to require counseling.  We remand for a hearing and determination of Cynthia’s child-support obligation.  We decline to award appellate attorney fees.

Case No. 19-1635:  REG Washington, LLC v. Warren Bush, William Horan, Taylor Schroeder, Charles & Angela Bush, Gary Soules, Linda Bush, and Tim Burrack

Filed Sep 02, 2020

View Opinion No. 19-1635

            Appeal from the Iowa District Court for Sac County, James M. Drew, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (4 pages)

            The defendants appeal the district court order granting summary judgment for REG Washington, LLC (REG) on its claim for restitution and dismissing their counterclaims.  OPINION HOLDS: REG is entitled to restitution for the payments it made to purchase the defendants’ units of ownership in Iowa Renewable Energy (IRE) because IRE’s board of directors refused to approve the transfer.  The defendants failed to present the necessary evidence in support of their counterclaims.

Case No. 19-1791:  State of Iowa v. Terrance Lee Clopton

Filed Sep 02, 2020

View Opinion No. 19-1791

            Appeal from the Iowa District Court for Des Moines County, John G. Linn, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Terrance Lee Clopton appeals his convictions for possessing a firearm as a felon and carrying a concealed weapon.  He challenges the sufficiency of the evidence supporting both convictions.  OPINION HOLDS: Clopton failed to preserve error on his challenge to the sufficiency of the evidence on the concealed-weapon conviction, and we do not address it.  A witness testified Clopton was in actual possession of a handgun, which provides sufficient evidence to support the felon-in-possession conviction.

Case No. 19-1846:  In re the Marriage of Sullins

Filed Sep 02, 2020

View Opinion No. 19-1846

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Ray Sullins appeals the district court’s denial of his renewed sanctions motion.  OPINION HOLDS: We discern no abuse of discretion in the court’s conclusion, and we affirm.

Case No. 19-1890:  Reva Sue Gonzalez v. Christane Laboy

Filed Sep 02, 2020

View Opinion No. 19-1890

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (4 pages)

            Reva Gonzalez appeals the denial of her petition for entry of a protective order under Iowa Code chapter 236 (2019).  OPINION HOLDS: We affirm the denial of Gonzalez’s petition for a protective order on the basis that she failed to meet the appropriate burden of proof.

Case No. 19-1916:  David Eugene Maddox v. State of Iowa

Filed Sep 02, 2020

View Opinion No. 19-1916

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            David Maddox filed a second application for postconviction relief (PCR) 121 days after procedendo issued following the appeal of his first PCR trial.  The district court granted the State’s motion for summary dismissal of the application, finding the application did not comply with the limitation period set forth in Iowa Code section 822.3 (2019) and that the narrow exception to section 822.3 carved out in Allison v. State, 914 N.W.2d 866, 890–91 (Iowa 2018), was unavailable because Maddox delayed 121 days after procedendo in filing the application.  OPINION HOLDS: The 121-day delay between procedendo and the filing of Maddox’s second PCR application was over twice as long as the analogous period in Allison that the Iowa Supreme Court found to constitute prompt filing.  We affirm the district court’s order refusing to apply Allison’s narrow exception.

Case No. 19-2031:  Andrew Lee Lesher v. Taylor Noelle Hansen

Filed Sep 02, 2020

View Opinion No. 19-2031

            Appeal from the Iowa District Court for Wright County, Colleen D. Weiland, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            Andrew Lesher and Taylor Hansen are the never-married parents of G.H., who was born in the summer of 2018.  In February 2019, Andrew filed a petition for paternity, custody, and visitation.  Each parent asked the court to award them physical care of G.H.  Following a two-day hearing in September 2019, the district court gave Andrew physical care of G.H. and awarded Taylor visitation with him.  On appeal, Taylor maintains she should be given physical care of G.H.  Andrew cross-appealed; he urges us to leave G.H. in his physical care and asks that we change G.H.’s surname to “Lesher” or, in the alternative, “Lesher-Hansen.”  OPINION HOLDS: We affirm the district court ruling giving Andrew physical care of G.H.  And because we agree with the district court that Andrew was asking for a name change rather than an initial name determination, Andrew’s only option to do so was under the guidelines of Iowa Code chapter 674 (2019). We affirm on both appeals.

Case No. 19-2084:  Junk Brothers Land and Cattle v. Buchanan County, Iowa

Filed Sep 02, 2020

View Opinion No. 19-2084

            Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Junk Brothers Land and Cattle (Junk Brothers) appeals the district court ruling dismissing its petition for breach of contract and entering judgment on Buchanan County’s counterclaim for breach of contract regarding a lease to pasture land entered by the parties.  On appeal, Junk Brothers argues the lease was voidable because there was no meeting of the minds between it and the county due to a mutual mistake as to the condition of the fence when the lease was signed.  OPINION HOLDS: We do not reach the merits of this argument because we find two issues alluded to in the district court’s ruling, but not addressed in the parties’ briefs, are dispositive, namely error preservation and judicial estoppel against inconsistent positions. We affirm.

Case No. 20-0078:  John R. Berding v. Menards, Inc.

Filed Sep 02, 2020

View Opinion No. 20-0078

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            John Berding appeals from the dismissal of his petition based on failure to comply with Iowa Rule of Civil Procedure 1.302(5).  OPINION HOLDS: Berding argues the district court erred by granting Menards, Inc.’s motion to dismiss for failure to serve the defendant within ninety days after the filing of his petition.  Because we agree with the district court’s determination that Berding failed to demonstrate good cause in delaying service, we affirm the dismissal.

Case No. 20-0228:  In re the Marriage of Milne

Filed Sep 02, 2020

View Opinion No. 20-0228

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  Partial Dissent by Vaitheswaran, P.J.  (28 pages)

            An ex-husband, Jeff Milne, appeals the decree dissolving his marriage.  He challenges the court’s grant of joint legal custody and joint physical care to him and his ex-wife, Alyssa Milne.  He also challenges the spousal-support, child-support, and economic aspects of the decree.  Alyssa cross appeals the issues of joint physical care, the property division, and child support.  She also contends the decree is null and void because the judge retired the day before filing it.  OPINION HOLDS: First, because the Iowa Supreme Court assigned the retiring judge to temporary service under a provision of Iowa Code, she had the authority to enter the decree, which is valid.  We modify the decree to grant sole legal custody of the parties’ two children to Jeff along with physical care.  We remand to the district court to enter new orders on visitation and to recalculate child support payments.  Accordingly, we do not address the appeal issues pertaining to child support.  But we modify the spousal support payment by reducing it to account for Alyssa’s continuing capacity to earn a significant salary.  We affirm other economic aspects of the decree.  The parties will pay their own attorney fees, with costs taxed to Jeff.  PARTIAL DISSENT ASSERTS: I respectfully dissent from those portions of the majority opinion granting Jeff sole legal custody and physical care of the children. 

Case No. 20-0498:  In the Interest of B.D., S.W., and L.W., Minor Children

Filed Sep 02, 2020

View Opinion No. 20-0498

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            The father of S.W. and L.W. and the mother of B.D., S.W., and L.W. separately appeal the termination of their parental rights.  The father challenges the court’s finding that termination of his parental rights is in the children’s best interests.  The mother asserts the grounds for termination have not been met, termination of her parental rights is not in the children’s best interests, and she should have been granted a six-month extension because she was deprived of requested increased visitation.  Both parents claim a statutory exception should preclude termination of their parental rights.  OPINION HOLDS: Finding no reason to disturb the termination order, we affirm on both appeals.

Case No. 20-0562:  In the Interest of B.F., B.L., and B.L., Minor Children

Filed Sep 02, 2020

View Opinion No. 20-0562

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

            A mother, Katie, appeals the termination of her parental relationship to her three children: B.F., Ba.L., and Bl.L.  Katie argues the juvenile court erred in refusing to grant her an additional six months to work toward recovery and returning her children to her care.  She also challenges two statutory grounds for termination and contends the State failed to prove by clear and convincing evidence that her parental rights should be terminated pursuant to Iowa Code section 232.116(1) (2019), paragraphs (f) and (h).  Lastly, Katie argues termination is not in the children’s best interests.  OPINION HOLDS: Because the record reflects a history of repeated unsuccessful attempts at treatment, there is insufficient evidence to conclude that a need for removal will not exist in six months to justify an extension.  Also, Katie does not challenge, and therefore waives, any error related to the court’s finding the State proved the grounds for termination under section 232.116(1)(l).  Further, based on the significant mental-health challenges the children have already faced, we find the State showed, pursuant to section 232.116(2), that termination is in the children’s best interests.  Finally, no factor under section 232.116(3) warrants delaying termination.  We affirm the decision of the juvenile court.

Case No. 20-0573:  In the Interest of A.R., M.T., I.T., L.M., and M.M., Minor Children

Filed Sep 02, 2020

View Opinion No. 20-0573

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            The mother appeals the termination of her parental rights to her five children, A.R., M.T., I.T., L,M., and M.M., who ranged in ages from nine to one years old, respectively, at the time of the March 2020 termination hearing.  The juvenile court terminated her rights under Iowa Code section 232.116(1)(b), (e), (f), and (h) (2020).  On appeal, the mother challenges the statutory grounds for termination, argues the loss of her rights is not in the children’s best interests, and maintains termination would harm the children so the parent-child relationships should be saved.  Alternatively, she maintains she should be given six more months to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to all five children.

Case No. 20-0832:  In the Interest of K.O., Minor Child

Filed Sep 02, 2020

View Opinion No. 20-0832

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to a child born in 2018.  He contends (1) “[t]he District Court failed to apply the clear and convincing evidence standard when finding the underlying facts in its decision to terminate parental rights as required by Iowa Code 232.117(2) and (3)” (2019) and (2) the State failed to prove “a nexus between [his] struggles and his ability and willingness to be a safe parent.”  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

Case No. 20-0854:  In the Interest of J.H., Minor Child

Filed Sep 02, 2020

View Opinion No. 20-0854

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  Dissent by Greer, J.  (10 pages)

            A father appeals the termination of his parental rights to his child.  He challenges the sufficiency of evidence supporting the statutory ground for termination and argues termination is contrary to the child’s best interests.  OPINION HOLDS: We conclude the State failed to provide clear and convincing evidence to allow termination under Iowa Code section 232.116(1)(g) (2019).  We reverse the termination of the father’s parental rights and remand for dismissal of the termination petition as to him.  DISSENT ASSERTS: I respectfully dissent.  I would affirm the juvenile court decision to terminate the father’s parental rights because I believe the State showed by clear and convincing evidence that this father is unable to provide a safe long-term environment for this child.  The tipping point for me is the lack of involvement in the basic medical care of this young child who has a life-long medical condition.

Case No. 20-0880:  In the Interest of W.L., Minor Child

Filed Sep 02, 2020

View Opinion No. 20-0880

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A father appeals the termination of his parental right to his minor child.  On appeal, the father argues: (1) he should be given additional time to work toward reunification; (2) terminating the father’s parental rights is not in W.L.’s best interest; and (3) the juvenile court should have placed W.L. in the guardianship of W.L.’s paternal grandmother instead of terminating the father’s parental rights.  OPINION HOLDS: The juvenile court properly declined to grant the father a six-month extension.  The juvenile court further correctly concluded termination is in W.L.’s best interest.  Finally, the record indicates the grandmother is not a suitable placement for W.L.  We affirm.

Case No. 18-0666:  State of Iowa v. Miranda Marie Simpson

Filed Aug 19, 2020

View Opinion No. 18-0666

            Appeal from the Iowa District Court for Polk County, Annie Reynolds, Magistrate, and Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Miranda Simpson appeals following her conviction of the simple misdemeanor crime of third-degree harassment, contending (1) the State failed to lay an adequate foundation for the admission of the Facebook posts and (2) the magistrate’s finding of guilt lacked sufficient evidentiary support.  OPINION HOLDS: We affirm the admission the challenged exhibit and the weight assigned to it, and we affirm the finding of guilt for third-degree harassment.

Case No. 18-1765:  Lorenza Cartez Johnson v. State of Iowa

Filed Aug 19, 2020

View Opinion No. 18-1765

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (12 pages)

            Lorenza Johnson appeals the district court’s denial of his application for postconviction relief following his 2015 conviction of invasion of privacy–nudity.  OPINION HOLDS: Upon our review, we affirm the court’s order denying Johnson’s application for postconviction relief. 

Case No. 19-0097:  In re the Marriage of Dickey

Filed Aug 19, 2020

View Opinion No. 19-0097

            Appeal from the Iowa District Court for Madison County, Thomas P. Murphy, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            The husband in this dissolution of marriage proceeding appeals the property division provisions of the district court’s decree.  OPINION HOLDS: We find it equitable to modify the property division, including ordering the husband to transfer $62,000 of his 401(k) to the wife and to make an additional property settlement payment of $37,000 to the wife.  We remand to the district court for entry of any orders needed to effectuate the modification, including orders to protect the children’s ownership interests in the LLC.  We decline to award appellate attorney fees.

Case No. 19-0126:  Sibley State Bank v. Robert Zylstra, Assignee of Dale W. Braaksma, Danna S. Braaksma, and Jesse Dale Braaksma

Filed Aug 19, 2020

View Opinion No. 19-0126

            Appeal from the Iowa District Court for Osceola County, David A. Lester, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (16 pages)

            After Sibley State Bank’s foreclosure action, the district court directed the Osceola County Sheriff to sell two farm parcels mortgaged by the Braaksma family.  After the sale of the real estate, the Braaksmas assigned their redemption rights to Robert Zylstra, who tendered a check for the exact sales amount to the clerk of court a day before the end of the redemption period, intending to redeem both parcels without adding cost or interest.  Sibley State Bank then obtained a district court order stating the redemption failed because Zylstra did not pay the redemption amount in full within the one-year redemption period. Zylstra argues the interest rate used was incorrect and the payment was sufficient to redeem at least one property.  OPINION HOLDS: Because Zylstra included no interest or other costs in the payoff, the redemption failed.  Also, because Zylstra did not indicate to the clerk of court to which property the funds should be applied, redemption for one property alone also fails.

Case No. 19-0204:  State of Iowa v. Joseph Jackson III

Filed Aug 19, 2020

View Opinion No. 19-0204

            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Scott, S.J.  Tabor, J., takes no part.  Opinion by Scott, S.J.  (3 pages)

Joseph Jackson appeals his conviction of possession of contraband in a correctional institution, arguing the sentencing court erroneously concluded he was being sentenced “for a crime committed while confined in a detention facility or penal institution,” and as such ordering he serve his sentence consecutively to his already existing sentence.  OPINION HOLDS: We affirm the sentence imposed.

Case No. 19-0283:  State of Iowa v. Alan James Kuuttila

Filed Aug 19, 2020

View Opinion No. 19-0283

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel and James B. Malloy, District Associate Judges.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., May, J., and Carr, S.J.  Opinion by Carr, S.J. (6 pages)

            Alan Kuuttila appeals his convictions and sentences for three charges of possession of a controlled substance.  OPINION HOLDS: There is no compelling reason to overrule the line of cases holding a person has no reasonable expectation to privacy with regard to the contents of garbage left for collection.  Because items found in the trash outside Kuuttila’s residence significantly corroborated information that Kuuttila was selling drugs from his apartment and provided probable cause to support a search warrant, we affirm the order denying Kuuttila’s motion to suppress evidence.  We affirm Kuuttila’s convictions but vacate the sentencing order to the extent it contained a clerical error and determined Kuuttila’s ability to pay undetermined amounts of restitution and remand to the district court for further proceedings.

Case No. 19-0335:  Nicole Adams v. Long Branch Maintenance Corp.

Filed Aug 19, 2020

View Opinion No. 19-0335

            Appeal from the Iowa District Court for Guthrie County, Randy V. Hefner, Judge.  AFFIRMED IN PART AND REVERSED IN PART ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Nicole Adams appeals and Long Branch Maintenance Corp. (LBMC) cross-appeals the district court ruling denying Adams’s claim of property damage, entering a declaratory judgment, and imposing judgment in favor of the corporation based on unjust enrichment.  OPINION HOLDS: On Adams’s appeal, we affirm the denial of her property-damage claim and the finding she was a member of LBMC after it recorded the Agreement on September 22, 2014.  However, we reverse the district court’s grant of judgment in favor on LBMC based on unjust enrichment due to the express contract covering membership assessments.  On LBMC’s cross-appeal, we find no error in the court’s failure to address the assessments in the declaratory judgment, and we affirm the declaratory judgment as written.

Case No. 19-0442:  State of Iowa v. Daniel Anthony Harden

Filed Aug 19, 2020

View Opinion No. 19-0442

            Appeal from the Iowa District Court for Woodbury County, Todd A. Hensley, District Associate Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Daniel Harden appeals following his guilty pleas to aggravated assault and possession of a controlled substance (marijuana) second offense.  Harden argues “the sentencing order followed a template, a boilerplate form,” which “tells us nothing about how the district court arrived at a particular sentence in a particular case.”  OPINION HOLDS: We conclude the district court’s statement of reasons for the sentences imposed reflects an abuse of discretion.  We affirm Harden’s convictions but vacate his sentences and remand for resentencing.

Case No. 19-0561:  Citizens State Bank v. Thomas Lincoln

Filed Aug 19, 2020

View Opinion No. 19-0561

            Appeal from the Iowa District Court for Jones County, Andrew Chappell, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (7 pages)

            Thomas Lincoln appeals the district court’s denial of his motion for new trial.  OPINION HOLDS: We find the district court was correct in denying Lincoln’s motion.  We remand for the limited purpose of determining Citizens State Bank’s appellate attorney fees award.

Case No. 19-0653:  State of Iowa v. Quentin Johnson

Filed Aug 19, 2020

View Opinion No. 19-0653

            Appeal from the Iowa District Court for Johnson County, Lars Anderson, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (7 pages)

            Quentin Johnson appeals his conviction of possession of marijuana with intent to deliver.  OPINION HOLDS: The applicable statutory language does not bar a jury from considering whether marijuana possessed by one person may be divided into personal- and shared-use portions.  Furthermore, the legislature specifically declared accommodation to be a lesser-included offense of possession with intent to deliver while other lesser-included offenses also exist.  Accordingly, Johnson should have been provided an opportunity to present an accommodation theory to the jury.

Case No. 19-0720:  State of Iowa v. Jerell Russell

Filed Aug 19, 2020

View Opinion No. 19-0720

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J. (10 pages)

            Jerell Russell appeals his convictions of first-degree theft, unauthorized use of a credit card, and possession of marijuana with intent to deliver.  OPINION HOLDS:  There is substantial evidence in the record to support Russell’s convictions.  We affirm his convictions.

Case No. 19-0776:  In re the Marriage of Curtis

Filed Aug 19, 2020

View Opinion No. 19-0776

            Appeal from the Iowa District Court for Adams County, Michael Jacobsen, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (3 pages)

            Mark Curtis appeals the district court’s reopening of the record and modification of a settlement agreement.  OPINION HOLDS: The district court’s modification of the terms of the settlement agreement was an abuse of discretion.  As such, we vacate paragraph five of the adjudication provisions of the order on the motion to reopen and modify and remand for any necessary further proceedings as a result of the same.  We deny Misha Curtis’s request for appellate attorney fees.  Costs on appeal are to be assessed equally between the parties.

Case No. 19-0875:  Al Poller and Deb Poller v. Okoboji Classic Cars, LLC

Filed Aug 19, 2020

View Opinion No. 19-0875

            Appeal from the Iowa District Court for Dickinson County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Per Curiam. Special concurrence by Vaitheswaran, P.J. (16 pages)

            Al and Deb Poller appeal the decision of the district court, arguing that the district court erred in (1) refusing to find violations of Iowa Code chapter 537B (2016) and (2) concluding Okoboji Classic Cars, LLC (OCC) proved its breach-of-contract claim.  OPINION HOLDS: Assuming without deciding that chapter 537B applies, we need not decide whether OCC violated the chapter because the Pollers did not establish that they sustained actual damages.  Further, the Pollers remain liable on the breach-of-contract claim.  SPECIAL CONCURRENCE ASSERTS: I would find chapter 537B applies to OCC and OCC violated the provision requiring OCC to provide an estimate upon request, but I agree the Pollers did not prove actual damages resulting from the violations, and I agree with the disposition of the breach-of-contract counterclaim.

Case No. 19-1175:  Jackie B. Taylor v. State of Iowa

Filed Aug 19, 2020

View Opinion No. 19-1175

            Appeal from the Iowa District Court for Pottawattamie County, Gregory W. Steensland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Jackie Taylor appeals from the denial of his application for postconviction relief (PCR).  He claims PCR counsel provided ineffective assistance by not calling him to testify at the PCR hearing.  OPINION HOLDS: Taylor’s general assertion he should have been called to testify at the PCR hearing and the limited record we have before us is not enough for us to decide Taylor’s claim of ineffective assistance against PCR counsel.  We affirm the district court’s denial of Taylor’s application for PCR and preserve for a successive PCR application his claim of ineffective assistance against PCR counsel.

Case No. 19-1241:  State of Iowa v. Shawn Thomas Bean

Filed Aug 19, 2020

View Opinion No. 19-1241

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Shawn Thomas Bean appeals from convictions for drug-related offenses, arguing the trial court erred in denying his motion to suppress evidence from a vehicle search.  OPINION HOLDS: The evidence was properly admissible, and therefore the denial of the motion to suppress was not in error.  The evidence was admissible under the plain-view exception.  We need not consider whether the consensual encounter transformed into a seizure at some point, as the evidence providing probable cause for Bean’s arrest was discovered due to the arresting officer’s exploration of an area in which Bean had no reasonable expectation of privacy.

Case No. 19-1340:  State of Iowa v. Shane Crippen

Filed Aug 19, 2020

View Opinion No. 19-1340

            Appeal from the Iowa District Court for Warren County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by May, P.J.  (4 pages)

            Shane Crippen appeals from the denial of his motion for new trial.  OPINION HOLDS: The district court did not abuse its discretion in denying Crippen’s motion.

Case No. 19-1448:  In re the Marriage of Ritchie

Filed Aug 19, 2020

View Opinion No. 19-1448

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

            David Ritchie appeals the property-distribution provisions of the decree dissolving his marriage to Shirley Ritchie.  OPINION HOLDS: We affirm the decree of dissolution of marriage.

Case No. 19-1488:  State of Iowa v. James Allen Mahlstedt

Filed Aug 19, 2020

View Opinion No. 19-1488

            Appeal from the Iowa District Court for Chickasaw County, Margaret L. Lingreen, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (3 pages)

            James Mahlstedt challenges his written guilty plea on direct appeal.  OPINION HOLDS: Mahlstedt failed to preserve his challenge to his guilty plea in failing to move in arrest of judgment.  Also, under Iowa Code section 814.6(1)(a)(3) (2019), Mahlstedt has no right to appeal his conviction following his guilty plea unless he establishes good cause to do so.  The record is insufficient to decide the good-cause question. 

Case No. 19-1581:  In the Interest of D.M., Minor Child

Filed Aug 19, 2020

View Opinion No. 19-1581

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (7 pages)

            A mother appeals a dispositional order entered in a child-in-need-of-assistance proceeding.  OPINION HOLDS: Because we find the evidence presented at the dispositional hearing was clear and convincing that custody should be transferred to the father and there was no discrimination toward the mother, we affirm the district court.

Case No. 19-1587:  In re the Marriage of Navarro

Filed Aug 19, 2020

View Opinion No. 19-1587

            Appeal from the Iowa District Court for Mills County, Michael D. Hooper, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (11 pages)

            Ricardo Navarro appeals the district court’s denial of his petition to modify the physical care provisions of the decree dissolving his marriage to Catherine Navarro, now known as Catherine Brown.  OPINION HOLDS: We conclude Ricardo met his burden for modification of physical care.  We reverse and remand. 

Case No. 19-1720:  Shawn Allen James v. State of Iowa

Filed Aug 19, 2020

View Opinion No. 19-1720

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Shawn James appeals the dismissal of his claim for damages via summary judgment in favor of the State.  OPINION HOLDS: Finding James’s claim barred by sovereign immunity under Iowa Code section 669.14(4) (2019), we find no error in the district court’s decision.

Case No. 19-1918:  State of Iowa v. Alonzo Leroy Jeffrey

Filed Aug 19, 2020

View Opinion No. 19-1918

            Appeal from the Iowa District Court for Johnson County, Lawrence P. McLellan and Jeffrey Farrell, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (4 pages)

            Alonzo Jeffrey appeals his criminal convictions, following guilty pleas, and the imposition of consecutive sentences on those convictions.  OPINION HOLDS: We affirm the convictions and sentences imposed.

Case No. 19-1950:  In the Matter of the Guardianship of Z.D.

Filed Aug 19, 2020

View Opinion No. 19-1950

            Appeal from the Iowa District Court for Jefferson County, Joel D. Yates, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (4 pages)

            The appellants appeal the district court’s denial of their motion to intervene.  OPINION HOLDS: The district court did not err in denying the oral motion for failure to comply with the Iowa Rule of Civil Procedure 1.407.

Case No. 19-1952:  State of Iowa v. Ramiro Joseph Jesse Gonzales III

Filed Aug 19, 2020

View Opinion No. 19-1952

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Ramiro Gonzales from his conviction for possession of marijuana.  He argues his conviction cannot stand because his out-of-court admissions did not come with other proof that he committed the offense as required by Iowa Rule of Criminal Procedure 2.21(4).  OPINION HOLDS: As there is sufficient evidence to corroborate Gonzales’s out-of-court admission, we affirm his conviction. 

Case No. 19-2028:  In re the Marriage of Brock

Filed Aug 19, 2020

View Opinion No. 19-2028

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (9 pages)

            Bobby Brock appeals certain modifications to the decree that dissolved his marriage to Jill Ketelson.  OPINION HOLDS: Bobby claims the district court’s modification order is contrary to a stipulation entered by the parties.  But the stipulation was not consistent with the children’s best interests.  So the district court was not required to enforce it.

Case No. 20-0060:  Bradley E. Wendt v. Mahanaim N. Peterson

Filed Aug 19, 2020

View Opinion No. 20-0060

            Appeal from the Iowa District Court for Crawford County, Duane E. Hoffmeyer, Judge.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (8 pages)

            A father appeals an order awarding physical care of a child to the mother, determining child support, crafting the visitation schedule, and ordering the father to pay the mother’s attorney fees.  The mother requests appellate attorney fees.  OPINION HOLDS: We affirm on all issues.  We remand for the district court to award reasonable appellate attorney fees to the mother.

Case No. 20-0072:  In the Interest of E.G., Minor Child

Filed Aug 19, 2020

View Opinion No. 20-0072

            Appeal from the Iowa District Court for Polk County, Colin J. Witt, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (7 pages)

            The father appeals the termination of his parental rights to his child, E.G., born in late 2017.  The juvenile court terminated the father’s rights under Iowa Code section 232.116(1)(h) (2019).  The father challenges the statutory ground and maintains the loss of his rights is not in the child’s best interests.  OPINION HOLDS: Because E.G. could not be returned to the father’s care at the time of the termination hearing and it is in the child’s best interests, we affirm the termination of the father’s parental rights.

Case No. 20-0099:  In the Interest of A.O. and K.O., Minor Children

Filed Aug 19, 2020

View Opinion No. 20-0099

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Bower, C.J.  (11 pages)

            A father appeals the juvenile court’s termination of his parental rights in a private termination action.  OPINION HOLDS: We find clear and convincing evidence supports both grounds for termination, termination is in the children’s best interests, the father did not establish his counsel provided ineffective assistance, and his due process rights were not violated.  We affirm.

Case No. 20-0123:  In re the Marriage of Dewhurst

Filed Aug 19, 2020

View Opinion No. 20-0123

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (12 pages)

            Laura Imsland, formerly Laura Dewhurst, appeals the district court order modifying the physical-care provisions of the dissolution decree between her and Bryan Dewhurst.  She also asks for an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court order and decline to award appellate attorney fees.

Case No. 20-0204:  In the Interest of T.B. and K.B., Minor Children

Filed Aug 19, 2020

View Opinion No. 20-0204

            Appeal from the Iowa District Court for Monroe County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the juvenile court order terminating her parental rights to her children.  OPINION HOLDS: The mother does not challenge the statutory ground relied on by the district court, and, consequently, we affirm the ground the juvenile court relied on for termination.  We reject the mother’s argument concerning reasonable efforts and find that the children’s best interests require termination of the mother’s parental rights.

Case No. 20-0357:  In the Interest of M.P. and C.P., Minor Children

Filed Aug 19, 2020

View Opinion No. 20-0357

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (7 pages)

            A father appeals the termination of his parental rights.  He asserts the grounds for termination were not met, termination is not in the children’s best interests, and his bond with the children precludes termination.  OPINION HOLDS: Because the father has shown little or no progress in being able to safely parent the children, we agree with the juvenile court and affirm.

Case No. 20-0415:  In the Matter of T.M., Alleged to Be Seriously Mentally Impaired

Filed Aug 19, 2020

View Opinion No. 20-0415

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (6 pages)

            T.M. appeals an order for his involuntary hospitalization, challenging the sufficiency of the evidence supporting the court’s conclusion he is seriously mentally impaired.  OPINION HOLDS: On our review, we find no serious or substantial doubts about the correctness of the district court’s conclusion drawn from the evidence that T.M. was seriously mentally impaired within the meaning of Iowa Code section 229.1(20)(c) (2020).  As such, we affirm.

Case No. 20-0428:  In the Interest of M.S. and E.S., Minor Children

Filed Aug 19, 2020

View Opinion No. 20-0428

            Appeal from the Iowa District Court for Harrison County, Jennifer A. Benson, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            A mother appeals termination of her parental rights to the children in this private termination proceeding.  OPINION HOLDS: On our de novo review, we agree the ground of abandonment was established by clear and convincing evidence and termination is the children’s best interest.

Case No. 20-0480:  In the Interest of A.M., Minor Child

Filed Aug 19, 2020

View Opinion No. 20-0480

            Appeal from the Iowa District Court for Plymouth County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find no abuse of discretion in the juvenile court denying the mother’s request for withdrawal and replacement of her attorney, we agree with the juvenile court’s three-step analysis finding termination appropriate, and we deny the mother’s request for additional time to work toward reunification. 

Case No. 20-0601:  In the Interest of S.B. and I.B., Minor Children

Filed Aug 19, 2020

View Opinion No. 20-0601

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

            A father and mother separately appeal the termination of their parental rights to two children.  The father contends the State failed to prove the grounds for termination cited by the district court and termination was not in the children’s best interests.  The mother contends she should have been granted a six-month extension to regain custody of the children.  OPINION HOLDS: We affirm the termination of the parents’ parental rights to the children.

Case No. 20-0756:  In the Interest of G.G., G.G., and G.G., Minor Children

Filed Aug 19, 2020

View Opinion No. 20-0756

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Doyle, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence establishes the ground for termination under section 232.116(1)(f) (2020) given the mother’s unresolved substance-use issues.  The evidence also shows termination is in the children’s best interests and terminating the mother’s parental rights would not be detrimental to the children.  We affirm.

Case No. 20-0768:  In the Interest of B.T., Minor Child

Filed Aug 19, 2020

View Opinion No. 20-0768

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The juvenile court was correct in finding statutory grounds for termination satisfied and termination to be in the child’s best interest.

Case No. 20-0781:  In the Interest of C.M., J.M., and B.M., Minor Children

Filed Aug 19, 2020

View Opinion No. 20-0781

            Appeal from the Iowa District Court for Cass County, Jennifer A. Benson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            Jessica and Tony appeal the termination of their parental rights to three children.  Tony contends the court abused its discretion in denying his motion to continue the termination trial.  Jessica contends the State failed to prove the statutory grounds, the Department of Human Services failed to make reasonable efforts to reunify the family, and giving her more time for reunification was in the children’s best interests.  OPINION HOLDS: We find no abuse of discretion in the court denying the motion to continue.  The State proved the statutory ground for termination under one of the four grounds the juvenile court found and proved it made reasonable efforts to reunify the family.  Jessica’s substance-abuse issues substantially impaired her ability to respond adequately to the offered services.  Finally, because of her ongoing substance-abuse impairment, an extension of the time for reunification would not have been in the children’s best interests.  We affirm as to both appeals. 

Case No. 20-0783:  In the Interest of L.W., Minor Child

Filed Aug 19, 2020

View Opinion No. 20-0783

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            A mother appeals the termination of her parental rights to L.W., her infant child.  OPINION HOLDS: We affirm the juvenile court’s order terminating the mother’s parental rights under section 232.116(1)(h) (2020).  An additional six months will not resolve the need for removal from parental care.

Case No. 20-0833:  In the Interest of N.C., Minor Child

Filed Aug 19, 2020

View Opinion No. 20-0833

            Appeal from the Iowa District Court for Monroe County, William Owens, Associate Juvenile Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by May, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

The State filed a petition alleging eight-year-old N.C. is a child in need of assistance (CINA), pursuant to Iowa Code section 232.2(6)(b), (d), and (p) (2020), which the juvenile court dismissed following a hearing.  On appeal, the State and the child’s guardian ad litem challenge the juvenile court’s conclusions that there is not clear and convincing evidence N.C. was sexually abused by father or is imminently likely to be sexually abused by him.  The State also maintains there is clear and convincing evidence to find the father physically abused or neglected N.C. or is imminently likely to abuse or neglect her.  OPINION HOLDS: We affirm the juvenile court’s dismissal of the CINA petition as to section 232.2(6)(b) and (p).  Because we determine N.C. is a child in need of assistance pursuant to section 232.2(6)(d), we reverse the court’s dismissal of the petition under that ground. 

Case No. 18-1060:  State of Iowa v. Markus Earl Harding

Filed Aug 05, 2020

View Opinion No. 18-1060

            Appeal from the Iowa District Court for Black Hawk County, Linda L. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            Markus Harding appeals from his convictions of first-degree burglary, domestic abuse assault while using or displaying a dangerous weapon, false imprisonment, and fourth-degree theft.  Harding contends the district court erred in applying the “forfeiture by wrongdoing” exception to the Confrontation Clause to allow admission of hearsay statements made by the victim.  OPINION HOLDS: Upon our review, we affirm.   

Case No. 18-1589:  Thanh Dao v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 18-1589

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (4 pages)

            Thanh Dao appeals from the dismissal of his fourth application for postconviction relief.  OPINION HOLDS: We affirm the summary dismissal of Dao’s postconviction-relief application.

Case No. 18-1780:  Vincent Duncan v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 18-1780

            Appeal from the Iowa District Court for Tama County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Carr, S.J.  Opinion by Bower, C.J.  (4 pages)

            Vincent Duncan appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because he failed to establish his ineffective-assistance-of-counsel claim, we affirm.

Case No. 18-2001:  Warren Purvis v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 18-2001

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (9 pages)

            Warren Purvis appeals from the dismissal of his application for postconviction relief following his convictions of sexual abuse in the first degree, willful injury resulting in serious injury, and domestic abuse assault impeding breathing or circulation of blood causing bodily injury.  OPINION HOLDS: Purvis has failed to prove that trial counsel failed to perform an essential duty or that Purvis suffered constitutional prejudice because (1) counsel did not obtain the services of an expert and (2) counsel declined to strike a juror who knew the victim.

Case No. 18-2129:  Napoleon Mbonyunkiza v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 18-2129

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

            Napoleon Mbonyunkiza appeals the denial of his application for postconviction relief (PCR).  Mbonyunkiza alleges his trial counsel provided ineffective assistance by failing to properly inform him of all the adverse immigration consequences of pleading guilty.  He also argues his trial counsel provided ineffective assistance by failing to properly inform him of his right to consular access prior to his guilty plea and now claims on appeal that that his PCR counsel was ineffective in not presenting evidence to establish how Mbonyunkiza could have benefitted from such access to the Rwandan consulate.  OPINION HOLDS: Because Mbonyunkiza has not proved his claims of ineffective assistance by his trial and PCR counsel, we affirm.

Case No. 19-0033:  In re the Marriage of Fitzpatrick

Filed Aug 05, 2020

View Opinion No. 19-0033

            Appeal from the Iowa District Court for Scott County, Brad McCall, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            June Fitzpatrick appeals the district court decision denying her request to declare the parties’ dissolution decree was void.  OPINION HOLDS: June’s claims of extrinsic fraud lacked credibility.  Her claims of intrinsic fraud, that her former spouse made misrepresentations during the dissolution proceedings, are not sufficient grounds to declare the decree was void.  We affirm the decision of the district court.

Case No. 19-0089:  State of Iowa v. Joseph Scott Waigand

Filed Aug 05, 2020

View Opinion No. 19-0089

            Appeal from the Iowa District Court for Union County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Joseph Waigand appeals the order setting victim restitution.  OPINION HOLDS: Finding the district court did not err in setting the amount of victim restitution and Waigand’s counsel was not ineffective for failing to assert a right to a jury trial or equitable estoppel, we affirm.

Case No. 19-0144:  State of Iowa v. Jeffrey Michael Happe

Filed Aug 05, 2020

View Opinion No. 19-0144

            Appeal from the Iowa District Court for Story County, Paul G. Crawford and Steven P. Van Marel, District Associate Judges.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (11 pages)

            Jeffrey Happe was convicted of harassment in the third degree.  He challenges his conviction, urging that there was not sufficient evidence to convict him.  He also alleges his trial counsel was ineffective for failing to raise a separation-of-powers argument because he was convicted for breaking a “de facto, nonjudicial protective order.”  OPINION HOLDS: Because we find sufficient evidence in the record to convict Happe, we affirm.  We also find his ineffective assistance claim without merit because his counsel had no duty to raise a separation-of-powers argument as Happe was not charged for violating a protective order.

Case No. 19-0152:  State of Iowa v. Walter Cordell Williams

Filed Aug 05, 2020

View Opinion No. 19-0152

            Appeal from the Iowa District Court for Black Hawk County, Kellyann Lekar, Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (14 pages)

            Walter Williams appeals from his convictions for involuntary manslaughter while committing a public offense and child endangerment resulting in death.  Williams maintains there was insufficient evidence to support his conviction, makes ineffective-assistance claims regarding counsel’s failure to object to some jury instructions and move for a new trial based on the weight of the evidence, and complains the court improperly imposed restitution.  OPINION HOLDS: Substantial evidence supports Williams’s convictions, so we affirm.  Because Williams’s claims of ineffective assistance are not sufficiently developed for our review, we preserve each of those claims for possible postconviction-relief proceedings.  Due to the recently-enacted Senate File 457 and the resulting changes in the law regarding restitution, we affirm Williams’s sentences and leave it to him, once jurisdiction returns to the district court, to challenge restitution under the new laws. 

Case No. 19-0409:  State of Iowa v. Demetrias Martin

Filed Aug 05, 2020

View Opinion No. 19-0409

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Bower, C.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (20 pages)

            Demetrias Martin appeals from his conviction for first-degree robbery.  He claims his trial counsel was ineffective, the district court applied the wrong standard when considering his motion for new trial, and he is entitled to resentencing in accordance with Iowa Code section 902.12(2A) (2019).  OPINION HOLDS: Martin is not entitled to relief on any of his ineffective-assistance-of-counsel claims.  The district court applied the correct standard when evaluating Martin’s motion for new trial.  And because the plain language of section 902.12(2A) provides that it applies retroactively to the time of Martin’s sentencing, he is entitled to resentencing to determine the length of the mandatory minimum imposed.

Case No. 19-0508:  Eric Ziel and Carol Ziel v. Energy Panel Structures, Inc. d/b/a EPS Buildings

Filed Aug 05, 2020

View Opinion No. 19-0508

            Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  Partial Dissent by Doyle, J.  (25 pages)

            The plaintiffs contracted for the construction of a large building for commercial and agricultural purposes.  Nearly one year following the building’s completion, a windstorm caused the failure of a large overhead door on the building’s west side, which led to the building’s collapse.  The plaintiffs brought claims in tort and contract against the door supplier, the company that erected the building, and the manufacturer of the building’s structural insulated panels.  The plaintiffs appeal from the district court’s grant of summary judgment in favor of the manufacturer, which dismissed the plaintiffs’ claims for negligent design and failure to warn.  OPINION HOLDS: We hold the doctrine of economic loss applicable on these facts, and we affirm the district court’s determination that the manufacturer owed no legal duty to the plaintiffs sufficient to sustain tort claims.  We hold that the warranty at issue in this case was not an affirmative defense that needed to have been asserted at the pleadings stage.  We find that the warranty would not fail its essential purpose, and we find to be unpreserved the plaintiffs’ argument that the defendant manufacturer repudiated the warranty.  We determine the warranty provision is not unconscionable.  For these reasons, we affirm the district court’s grant of summary judgment.  PARTIAL DISSENT ASSERTS: I believe that EPS had a duty to warn or inform its buyers that the overhead doors needed to be wind-rated at ninety miles per hour but failed to do so.  Thus, I dissent from the majority’s conclusion that the manufacturer had no legal duty to the plaintiffs.  But even had the majority concluded that the manufacturer had a duty to warn, it would make no difference in the result here as that claim is barred by application of the economic loss doctrine.  I therefore concur with the majority’s affirmance of the district court’s grant of summary judgment.

Case No. 19-0523:  State of Iowa v. Perry Dexter Nelson

Filed Aug 05, 2020

View Opinion No. 19-0523

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            A defendant appeals his sentence, claiming that the sentencing judge failed to consider all of the required factors when imposing sentence.  OPINION HOLDS: We find the record shows the judge considered the necessary factors and did not abuse discretion in imposing sentences that were all within statutory limits.

Case No. 19-0601:  State of Iowa v. Cletio R. Clark

Filed Aug 05, 2020

View Opinion No. 19-0601

            Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (11 pages)

            Cletio Clark appeals his conviction of robbery in the first degree.  He claims the prosecutor committed misconduct, denying him a fair trial.  And he claims his counsel was ineffective.  OPINION HOLDS: Even assuming the prosecutor committed any misconduct, Clark still received a fair trial and is not entitled to relief.  And Clark’s counsel performed competently.

Case No. 19-0686:  State of Iowa v. Jacob Antero Trujillo

Filed Aug 05, 2020

View Opinion No. 19-0686

            Appeal from the Iowa District Court for Scott County, Mary E. Howes and Joel W. Barrows, Judges.  CONVICTIONS VACATED IN PART, SENTENCE VACATED, AND REMANDED WITH INSTRUCTIONS.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (15 pages)

            Between April and December 2018, the State charged Jacob Trujillo with various offenses in four separate cases.  The State and Trujillo reached a global plea agreement.  And Trujillo pled guilty to six of the offenses.  He appeals arguing he received ineffective assistance of counsel.  OPINION HOLDS: We vacate two of Trujillo’s convictions due to lack of factual basis and remand for further proceedings.  If a factual basis cannot be shown below, the district court should vacate all convictions and set the parties back to the position they had before the plea agreement was entered.  We preserve Trujillo’s remaining claims for future postconviction-relief proceedings.

Case No. 19-0753:  Decker Precision Machining, Inc. v. Go Grease It d/b/a G2It LLC

Filed Aug 05, 2020

View Opinion No. 19-0753

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (12 pages)

            A manufacturing start-up appeals from an adverse verdict in a breach-of-contract case.  OPINION HOLDS: We disagree with the appellant’s argument that the district court’s findings were irreconcilable and the verdict was unsupported by substantial evidence.  We therefore affirm the judgment.

Case No. 19-0829:  Carolyn Lindgren v. Keshav Corporation d/b/a Americinn Coralville, an Iowa Corporation

Filed Aug 05, 2020

View Opinion No. 19-0829

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (8 pages)

            Carolyn Lindgren appeals from a jury verdict in a personal-injury case.  She argues the district court abused its discretion in allowing testimony about the pool’s steps four years after the incident at issue.  In addition, she argues the district court abused its discretion in denying a jury viewing of the pool’s steps.  OPINION HOLDS: Because the 2016 inspection testimony was relevant and non-prejudicial, we find no abuse of discretion.  We also find the decision to deny a jury viewing was well reasoned and within the sound discretion of the court.

Case No. 19-0918:  State of Iowa v. Douglas Joseph Foster

Filed Aug 05, 2020

View Opinion No. 19-0918

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J. (15 pages)

            Defendant contends that there was not substantial evidence for the jury to find him guilty of first-degree murder.  OPINION HOLDS: Upon our review of the evidence, we find the State presented substantial evidence to support the jury verdict.

Case No. 19-1012:  Rick Pruismann v. Iowa Tanklines, Inc. and Zurich American Insurance Company

Filed Aug 05, 2020

View Opinion No. 19-1012

            Appeal from the Iowa District Court for Hamilton County, Kurt L. Wilke, Judge.  REVERSED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (11 pages)

            An employer and its insurer appeal the ruling of the district court on judicial review, which reversed the workers’ compensation commissioner’s decision on Rick Pruismann’s workers’ compensation claim.  OPINION HOLDS: The commissioner’s findings of fact with respect to the extent of Pruismann’s industrial disability are supported by substantial evidence and the commissioner’s application of those facts in holding Pruismann suffered a forty-five percent industrial disability is not irrational, illogical, or wholly unjustifiable.  The district court thus erred in failing to uphold the commissioner’s ruling.

Case No. 19-1024:  Shane Jacobs v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 19-1024

            Appeal from the Iowa District Court for Hancock County, James M. Drew, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (4 pages)

            Shane Jacobs appeals the denial of his application for postconviction relief.  OPINION HOLDS: Counsel’s strategic decision to have Jacobs submit his version of events was tactical and was not a breach of duty even though it was ultimately successful.  Because Jacobs failed to show his trial counsel was ineffective, we affirm the denial of his application. 

Case No. 19-1098:  Maleek Prince Johnson v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 19-1098

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (6 pages)

            Maleek Johnson appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the summary disposition of Johnson’s application for postconviction relief. 

Case No. 19-1106:  Noel J. Bender v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 19-1106

            Appeal from the Iowa District Court for Plymouth County, Julie Schumacher, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Schumacher, J., takes no part.  Opinion by Mullins, J.  (4 pages)

            Noel Bender appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the summary disposition of Bender’s application for postconviction relief. 

Case No. 19-1150:  State of Iowa v. Tamora Morrise

Filed Aug 05, 2020

View Opinion No. 19-1150

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Doyle, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Doyle, P.J.  (5 pages)

            Tamora Morrise appeals the sentence imposed following her conviction of second-degree theft.  She contends the sentencing court improperly relied on uncharged and unproven conduct.  OPINION HOLDS: We conclude the district court relied on an improper factor during sentencing.  We vacate Morrise’s sentence and remand the case to the district court for resentencing before a different judge.   

Case No. 19-1192:  Larry Clement and Clement Auto & Truck, Inc. v. Grant Irwin, individually, and Irwin Auto Co. of Fort Dodge, LLC

Filed Aug 05, 2020

View Opinion No. 19-1192

            Appeal from the Iowa District Court for Webster County, Adria Kester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  Dissent by Vaitheswaran, P.J.  (10 pages)

            Larry Clement and Clement Auto & Truck, Inc. (Clement) appeal the district court’s ruling on an action against Grant Irwin and Irwin Auto Co. of Fort Dodge, LLC (Irwin) to collect payments owed under the parties’ agreement.  OPINION HOLDS: We affirm the district court’s judgment because Clement failed to demonstrate the district court erred in concluding interest was not owed.  DISSENT ASSERTS: I would conclude the bankruptcy resulted in a restructuring rather than a liquidation.  Accordingly, I would reverse and remand for entry of an order requiring Irwin to pay interest.  

Case No. 19-1197:  Mika Covington, Aiden Vasquez, f/k/a Aiden Delathower, and One Iowa, Inc. v. Kim Reynolds ex rel. State of Iowa, and Iowa Department of Human Services

Filed Aug 05, 2020

View Opinion No. 19-1197

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (8 pages)

            Mika Covington, Aiden Vasquez, and One Iowa, Inc. appeal the district court order dismissing their petition for declaratory judgment and denying their motion for injunctive relief.  OPINION HOLDS: I. Although a legislative amendment allows Medicaid providers to deny gender-affirming surgical procedures to transgender Iowans, nothing prohibits Medicaid providers from allowing such a claim.  Because any dispute regarding the denial of gender-affirming surgical procedures is speculative until a denial occurs, the matter is not ripe for adjudication.  II. Because the petitioners have an adequate remedy at law by means of administrative challenge, the district court did not abuse its discretion in denying their motion for temporary injunctive relief.  III. One Iowa lacks standing to bring the action.

Case No. 19-1202:  In re the Marriage of Huinker

Filed Aug 05, 2020

View Opinion No. 19-1202

            Appeal from the Iowa District Court for Clayton County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (5 pages)

            Dody Huinker appeals the modification of Kevin Huinker’s child support obligation as to their child.  OPINION HOLDS: We affirm the modification of Kevin’s obligation.

Case No. 19-1224:  State of Iowa v. Christopher Lee Irvin

Filed Aug 05, 2020

View Opinion No. 19-1224

            Appeal from the Iowa District Court for Mills County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (10 pages)

            Christopher Irvin appeals his convictions for sexual abuse in the third degree and sexual exploitation by a school employee.  Irvin contests the sufficiency of the evidence and asserts the court erred by allowing State witnesses to improperly vouch for the victim’s credibility.  OPINION HOLDS: We affirm.

Case No. 19-1256:  In re the Marriage of Schultz

Filed Aug 05, 2020

View Opinion No. 19-1256

            Appeal from the Iowa District Court for Buchanan County, Monica L. Zrinyi Wittig, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (16 pages)

            The district court dissolved the twenty-seven year marriage of Jacquelyn and Joel Schultz.  On appeal, Joel appeals certain factual findings made by the district court and argues for an entitlement to spousal support.  Jacquelyn found the decree acceptable and asks that we affirm.  OPINION HOLDS: We modify the decree to award Joel spousal support of $2500 per month until he reaches age seventy.  After that date, the spousal support shall be reduced to $1500 per month until either party dies, in which case the support shall terminate.  We affirm the decree as modified.

Case No. 19-1277:  Darrel K. Stanton v. Knoxville Community Hospital, Inc. d/b/a Knoxville Hospitals & Clinics and Stephen R. Eckstat

Filed Aug 05, 2020

View Opinion No. 19-1277

            Appeal from the Iowa District Court for Marion County, Gregory A. Hulse, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (12 pages)

            In this medical negligence case, a doctor and hospital sought interlocutory review of an order denying their motions for summary judgment.  OPINION HOLDS: The district court erred in concluding the plaintiff established “good cause” for failing to timely designate his expert.  Therefore, Iowa Code section 668.11 (2017) prohibits the plaintiff’s expert from testifying.  And the parties agree the plaintiff cannot prevail without the expert’s testimony.  So defendants are entitled to summary judgment.

Case No. 19-1319:  Jamie Gustafson and Chandra Gustafson v. David Zephier and AMCO Insurance Company

Filed Aug 05, 2020

View Opinion No. 19-1319

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

            Plaintiffs in a personal-injury case appeal from a district court order granting a defendant’s motion to transfer venue from Polk County to Harrison County.  OPINION HOLDS: One of the two defendants was a resident of Polk County, and thus venue was proper in Polk County in this personal injury action, pursuant to Iowa Code section 616.18 (2019).  The district court lacked discretion to transfer venue to Harrison County, and we therefore reverse.

Case No. 19-1327:  State of Iowa v. Jane Doe

Filed Aug 05, 2020

View Opinion No. 19-1327

            Appeal from the Iowa District Court for Warren County, Terry Rickers, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Jane Doe pseudonymously appeals from the denial of her motion to expunge a criminal case from 2011, which held two forgery charges.  The case was one of three different case numbers holding forgery charges that arose in 2010.  The State sought to consolidate the three cases into a single case number, and the court granted that motion, amending the trial information in a case holding four charges to reflect a total of seven charges.  OPINION HOLDS: Interpreting Iowa Code section 901C.2(1)(a)(1) (2019) in light of our supreme court’s decision 2017 doing the same, we hold that the “transfer” of Doe’s charges from the instant case to the transferee case resulted in those charges being “otherwise dismissed” from the instant case.  Therefore, we reverse the district court’s order holding a lack of formal dismissal in the instant case precluded the application of section 901C.2(1)(a)(1), and we remand with instructions to grant Doe’s motion.

Case No. 19-1349:  Jennifer Morris, Individually and as the Administrator for the Estate of Daulton Holly, and Jason Allan Holly v. Legends Fieldhouse Bar and Grill, LLC, Pretty Women Inc., d/b/a The Beach Girls, J.P. Parking, Inc., James E. Petry, ABC Corp., a fictitious corporation and Ronald Paul Hauser

Filed Aug 05, 2020

View Opinion No. 19-1349

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

            Plaintiffs appeal from the district court’s order granting summary judgment in favor of defendants on the plaintiffs’ negligence suit, contending the district court “erroneously considered foreseeability as a factor to determine duty.”  OPINION HOLDS: Because foreseeability was not removed from the equation, we reverse the summary judgment ruling and remand for further proceedings. 

Case No. 19-1350:  State of Iowa v. Matthew Don Farber

Filed Aug 05, 2020

View Opinion No. 19-1350

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            Matthew Farber appeals his convictions for operating while intoxicated, failure to maintain control, and failure to obey a traffic control device.  OPINION HOLDS: There is substantial evidence in the record to support the convictions.  We affirm the convictions.

Case No. 19-1392:  In re the Marriage of Martinez

Filed Aug 05, 2020

View Opinion No. 19-1392

            Appeal from the Iowa District Court for Jasper County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Schumacher, J.  (9 pages)

            A father appeals from a dissolution decree, arguing the district court acted inequitably by declining to award shared physical care.  The father also alleges the district court abused its discretion by directing him to pay $7500 of the petitioner’s attorney fees.  OPINION HOLDS: We find the provisions of the dissolution decree pertaining to physical care to be in the minor child’s best interest.  However, we find the district court abused its discretion in awarding $7500 in attorney fees, as the amount awarded was over twice what petitioner testified was owed at the time of trial and the record lacks an attorney fee affidavit to the contrary.  Accordingly, we reduce the award of attorney fees.

Case No. 19-1434:  State of Iowa v. William Paul Roland

Filed Aug 05, 2020

View Opinion No. 19-1434

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J. (2 pages)

            William Roland appeals district court orders granting applications for reimbursement of room and board fees.  He argues that because the sheriff’s department filed for reimbursement as a civil judgment, it should have filed a civil petition and the failure to do so violated his due process rights for failure of notice and an opportunity to be heard.  OPINION HOLDS: Civil petitions were not required, and the constitutional claim is not preserved for our review.  We affirm.

Case No. 19-1507:  Peggysue McGee v. Kelby Robert McGee

Filed Aug 05, 2020

View Opinion No. 19-1507

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (4 pages)

            PeggySue McGee appeals the district court’s denial of her request for a civil domestic-abuse protective order.  OPINION HOLDS: We reverse and remand for further consideration by the district court.

Case No. 19-1516:  Justin James Zobel v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 19-1516

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Justin Zobel appeals the dismissal of his postconviction-relief application.  He asserts a due process claim and contends he received ineffective assistance of counsel.  OPINION HOLDS: Zobel failed to preserve his due process claim and has not established his counsel breached an essential duty.  We affirm the dismissal of his application.

Case No. 19-1618:  In re the Marriage of Waterhouse

Filed Aug 05, 2020

View Opinion No. 19-1618

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            A mother appeals from a district court order that transferred physical care of the minor child to the father.  OPINION HOLDS: Following entry of the divorce decree, the mother violated a provision of the decree by moving the minor child from the state.  After a finding of contempt, she moved again, and the record contains scant evidence of the conditions of her new residence and life.  In contrast, the father has remained in Cedar Rapids in stable housing and employment, and has respected the mother’s care provisions since entry of a contempt ruling.  We affirm the district court’s order transferring physical care to the father.

Case No. 19-1695:  State of Iowa v. Jeremy Joe Orfield

Filed Aug 05, 2020

View Opinion No. 19-1695

            Appeal from the Iowa District Court for Greene County, Dale E. Ruigh, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Vogel, S.J.  Opinion by May, P.J.  (8 pages)

            Jeremy Orfield appeals his conviction of indecent contact with a child.  OPINION HOLDS: The district court was right to overrule Orfield’s hearsay objection.  And ample evidence supports the jury’s verdict.  So we affirm.

Case No. 19-1702:  Jack Leroy Losee, Jr. v. State of Iowa

Filed Aug 05, 2020

View Opinion No. 19-1702

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Jack Losee Jr. seeks postconviction relief (PCR) based on claimed ineffective assistance of counsel.  OPINION HOLDS: Even if we apply the tolling principles of Allison v. State, 914 N.W.2d 866 (Iowa 2018), Losee did not show his current PCR application properly relates back to a prior application within the allowable time.  Therefore, the district court was correct in dismissing Losee’s claims as being time-barred.

Case No. 19-1758:  In re the Marriage of Manwarren

Filed Aug 05, 2020

View Opinion No. 19-1758

            Appeal from the Iowa District Court for Dickinson County, Charles K. Borth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Jami Manwarren appeals the district court’s denial of his petition to modify the decree dissolving his marriage to Kolbie Manwarren.  On appeal, Jami (1) challenges the court’s denial of his request to modify the physical care provision of the dissolution decree; (2) contends the court should not have imputed income to him in calculating child support; and (3) contends the court abused its discretion in ordering the payment of trial attorney fees.  OPINION HOLDS: We affirm.

Case No. 19-1761:  In the Matter of the Guardianship and Conservatorship of B.Z.

Filed Aug 05, 2020

View Opinion No. 19-1761

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (11 pages)

            B.Z. appeals the district court’s ruling appointing her daughter as her guardian and conservator.  She asserts the district court erred in finding her decision-making capacity is so impaired that she is unable to care for her physical and financial health.  In addition, she asserts the district court erred by not considering whether third-party assistance was available to her.  OPINION HOLDS: We conclude there is substantial evidence to support the court’s decisions and that the court did not have to address third-party assistance in this circumstance.  For these reasons, we affirm.

Case No. 19-1813:  In the Matter of the Teresa Kaspabauer Revocable Living Trust

Filed Aug 05, 2020

View Opinion No. 19-1813

            Certiorari to the Iowa District Court for Carroll County, Adria Kester, Judge.  WRIT ANNULLED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (15 pages)

            R. Scott Rhinehart challenges the imposition of a sanction.  OPINION HOLDS: The district court did not abuse its discretion in finding Rhinehart violated Iowa Rule of Civil Procedure 1.413 and imposing a $5000 sanction.  We annul the writ.

Case No. 20-0354:  In the Interest of K.S., Minor Child

Filed Aug 05, 2020

View Opinion No. 20-0354

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., May, J., and Vogel, S.J.  Opinion by May, J.  Dissent by Vogel, S.J.  (13 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We conclude the State failed to establish statutory grounds authorizing termination by clear and convincing evidence under Iowa Code section 232.116(1)(d) or (f) (2019).  DISSENT ASSERTS: I agree with the juvenile court and would affirm that the grounds for termination under section 232.116(1)(f) were satisfied. 

Case No. 20-0587:  In the Interest of D.G. and G.G., Minor Children

Filed Aug 05, 2020

View Opinion No. 20-0587

            Appeal from the Iowa District Court for Page County, Jennifer A. Benson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., May, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            A mother and father separately appeal the termination of their respective parental rights to two of their children.  OPINION HOLDS: The State established statutory grounds for termination because the children could not be safely returned to the parents.  Termination is in the children’s best interests.  The parent-child bonds are not strong enough to preclude termination.

Case No. 20-0595:  In the Interest of J.S., Minor Child

Filed Aug 05, 2020

View Opinion No. 20-0595

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            The father appeals the termination of his parental rights to his child, J.S.  The father does not contest the statutory ground for termination.  He maintains termination of his rights is not in J.S.’s best interests and argues he should be given additional time to work toward reunification.  OPINION HOLDS: The father, who has never been the caretaker of J.S., remained in prison at the time of the termination hearing and did not anticipate being released for at least six months.  Even after being released, he will need time to prove he can maintain sobriety outside of an institutional setting.  For these reasons, termination of his parental rights is in J.S.’s best interests and additional time is not warranted.  We affirm.

Case No. 20-0599:  In the Interest of L.H. and T.V., Minor Children

Filed Aug 05, 2020

View Opinion No. 20-0599

            Appeal from the Iowa District Court for Winnebago County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: There is sufficient evidence in the record to support termination of the mother’s parental rights.  It would not be in the children’s best interests to further extend this case by giving the mother an additional period of time to work on reunification.  We affirm the decision of the juvenile court.

Case No. 20-0620:  In the Interest of K.S., Minor Child

Filed Aug 05, 2020

View Opinion No. 20-0620

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

            A father, Antonio, challenges the termination of his parental relationship to K.S.  Antonio has not maintained a significant relationship with K.S., and he is currently incarcerated.  Antonio argues that because the record does not show K.S. is opposed to being reunited with him upon his release from prison, his parental rights should be preserved.  Next, Antonio contends that terminating his parental rights is not in K.S.’s best interests.  Last, Antonio argues that terminating his parental rights is unnecessary because K.S. is in the care of an aunt.  OPINION HOLDS: Because Antonio and K.S. are virtually strangers, it would be unsound to interpret the son’s lack of opposition as an affirmative desire to wait for his father to be available as a parent.  Next, because. K.S. has become integrated into his aunt’s family and has permanency in a safe and nurturing home, we find it in K.S.’s best interest to terminate Antonio’s parental rights.  Last, because legal custody has remained with the DHS and not with the aunt, Iowa Code § 232.116(3)(a) does not apply. 

Case No. 20-0703:  In the Interest of B.B., Minor Child

Filed Aug 05, 2020

View Opinion No. 20-0703

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (4 pages)

            A father appeals the termination of his parental rights to his child, born in 2016, pursuant to Iowa Code section 232.116(1)(h) (2019).  OPINION HOLDS: We affirm, finding the evidence sufficient to support termination, such is in the best interests of the child, and the argued-for exception to termination is inapplicable.  

Case No. 20-0736:  In the Interest of A.C., Minor Child

Filed Aug 05, 2020

View Opinion No. 20-0736

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A father appeals the juvenile court decision terminating his parental rights.  OPINION HOLDS:  There is clear and convincing evidence in the record to support termination of the father’s parental rights, and termination is in the child’s best interests.  We affirm the decision of the juvenile court.

Case No. 20-0743:  In the Interest of C.D. and S.D., Minor Children

Filed Aug 05, 2020

View Opinion No. 20-0743

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (7 pages)

            The mother of C.D. and S.D. and the father of C.D. separately appeal the termination of their parental rights to their children.  In his appeal, the father asserts only that his child could be returned to the mother so his rights should not be terminated.  The mother contends the ground for termination is not supported, termination is not in the children’s best interests, there exist exceptions to preclude termination, and there were not reasonable efforts made to reunify the family.  OPINION HOLDS: There is clear and convincing evidence to support termination of both parents’ parental rights under Iowa Code section 232.116(1)(f) (2019).  Reasonable efforts were made, termination is in the children’s best interests, and no exceptions apply to preclude termination.  

Case No. 20-0800:  In the Interest of H.K., Minor Child

Filed Aug 05, 2020

View Opinion No. 20-0800

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The statutory grounds authorizing termination are satisfied, and the mother waived her challenge to the reasonable-efforts mandate by failing to alert the juvenile court of any alleged deficiencies before the termination hearing.

Case No. 20-0849:  In the Interest of E.A. and F.A., Minor Children

Filed Aug 05, 2020

View Opinion No. 20-0849

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J.  (5 pages)

            A mother and father appeal the termination of their respective parental rights.  OPINION HOLDS: Termination is in the children’s best interests.  The parents were not entitled to additional time to work toward reunification.  And the juvenile court was correct in declining to establish a guardianship as an alternative to termination.

Case No. 18-1180:  Juan Lozano v. State of Iowa

Filed Jul 22, 2020

View Opinion No. 18-1180

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            An applicant for postconviction relief asks us to reverse a district court decision that found his application barred by a three-year limitation period.  OPINION HOLDS: The defendant’s application was filed more than eleven years following the expiration of the limitation period set forth in Iowa Code section 822.3 (2016).  We decline to apply a language-proficiency-based exception to our long line of cases refusing to apply equitable tolling to section 822.3.  We therefore affirm the defendant’s convictions and sentences.

Case No. 18-1902:  In the Matter of Property Seized from Dallas Edward Forkner

Filed Jul 22, 2020

View Opinion No. 18-1902

            Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (13 pages)

            Dallas Forkner appeals a forfeiture order for cash seized from his home.  He argues the district court erred in denying his motion to suppress and in ordering forfeiture for various reasons.  OPINION HOLDS: We find the motion to suppress was appropriately denied.  And we conclude the evidence supports the district court’s order forfeiting the cash.   

Case No. 18-2041:  State of Iowa v. Kyle Anthony Sadler

Filed Jul 22, 2020

View Opinion No. 18-2041

            Appeal from the Iowa District Court for Poweshiek County, Lucy J. Gamon, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (18 pages)

            Kyle Sadler appeals his convictions of murder in the second degree, assault with a dangerous weapon, and failure to stop at the scene of an accident.  Sadler argues the sufficiency of the evidence as to the second degree murder and assault charges.  In addition, he brings various claims of ineffective assistance of counsel.  Finally, Sadler argues the district court erred in failing to merge four convictions for failing to stop at the scene of an accident.  OPINION HOLDS: Taken in the light most favorable to the State, the record was sufficient for the jury to find Sadler intended to collide with the vehicle, with malice aforethought, and that he specifically intended to injure or incite fear in the vehicle’s passengers.  In addition, Sadler failed to show the requisite prejudice on the ineffective assistance of counsel claims.  Finally, because Sadler could not fail to stop multiple times, the district court erred by not merging his charges for leaving the scene.  We affirm on all counts, except we reverse and remand on Sadler’s convictions for failure to stop at the scene of the accident.

Case No. 18-2239:  State of Iowa v. John Charles Donahue

Filed Jul 22, 2020

View Opinion No. 18-2239

            Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Schumacher, J.  (14 pages)

            A defendant appeals his conviction for sexual abuse in the third degree.  OPINION HOLDS: The district court properly applied Iowa’s rape shield law to preclude defense counsel from exploring an uncharged allegation of sexual abuse on cross-examination.  Defense counsel’s objection to Jury Instruction No. 20 did not sufficiently apprise the trial court of the error alleged on appeal, and thus error is unpreserved with respect to that argument.  We find the evidence sufficient to support the conviction.

Case No. 19-0008:  In the Matter of the Estate of Francis O. Glaser, Deceased. Judy E. Bowling, Fiduciary of the Estate of Francis O. Glaser, and State of Iowa ex rel. Department of Revenue v. Sherri M. Kindsfather,

Filed Jul 22, 2020

View Opinion No. 19-0008

            Appeal from the Iowa District Court for Jackson County, Sean McPartland, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (13 pages)

            Sherri Kindsfather appeals a district court ruling setting aside certain conveyances of real property.  OPINION HOLDS: As to the farm property, we reverse because the administrator’s original pleading did not provide fair notice of a claim to the farm; the administrator’s motion to amend was made after the statute of limitations had passed; and the amendment did not relate back to the original pleading.  In all other regards, we affirm.

Case No. 19-0285:  In re the Marriage of Darrah

Filed Jul 22, 2020

View Opinion No. 19-0285

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED AS MODIFIED.  Heard by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (12 pages)

            Robert (Scott) and Jan Darrah appeal and cross-appeal, respectively, from the decree dissolving their marriage.  OPINION HOLDS: Jan did not dissipate assets when she spent funds designated as temporary spousal and child support for everyday expenses.  The district court properly valued household items.  The district court did not abuse its discretion in awarding the parties joint ownership of their children’s life insurance policies.  The parties agree there should be a deadline set for payment of an account value.  So we order Scott to pay the $81,612 within ninety days of the issuance of procedendo.  The spousal support award is equitable.  So we will not disturb it.  And we award Jan $4000 in appellate attorney fees.

Case No. 19-0381:  Prentice W. Malott and Lindsey B. Malott v. Bevard Properties, L.C., d/b/a Bevard Properties, L.C.-Series 22 and Thomas B. Bevard

Filed Jul 22, 2020

View Opinion No. 19-0381

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Heard by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (16 pages)

            Prentice and Lindsey Malott appeal the district court order granting summary judgment in favor of Bevard Properties, L.C. and Thomas Bevard (collectively “Bevard”).  The Malotts argue the doctrine of claim preclusion bars all of Bevard’s claims and, even if not barred, Bevard could not foreclose without a deficiency judgment and pursue a judgment for an attorney fee award from a prior action on the contract.  OPINION HOLDS: The doctrine of claim preclusion does not bar Bevard’s foreclosure claim and the attorney fee award from the prior proceeding is separate and distinct from the foreclosure action.

Case No. 19-0487:  State of Iowa v. David Loren Boll

Filed Jul 22, 2020

View Opinion No. 19-0487

            Appeal from the Iowa District Court for Buchanan County, Stephanie C. Rattenborg, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Blane, S.J.  Opinion by Tabor, P.J.  (9 pages)

            Boll was convicted of operating while intoxicated, second offense.  He appeals the denial of his motion to suppress evidence that supported his conviction.  OPINION HOLDS: Because that evidence was obtained by constitutional means, we affirm.  Boll also argues on appeal that the district court abused its discretion in handling his discovery requests and that his right to due process was violated when the State took several months to comply with a discovery order.  We find these claims without merit.

Case No. 19-0517:  Adam Cade Gilson v. State of Iowa

Filed Jul 22, 2020

View Opinion No. 19-0517

            Appeal from the Iowa District Court for Story County, Bethany Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            Adam Gilson appeals the denial of his application for postconviction relief.  OPINION HOLDS: We affirm the denial of Gilson’s application.

Case No. 19-0540:  Arthur H. Kollias d/b/a Custom Builders & Remodelers v. Mark J. Cardis, Laura Elena C. De Gallego, and Ohnward Bank & Trust

Filed Jul 22, 2020

View Opinion No. 19-0540

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (14 pages)

            A building contractor appeals the district court judgment rejecting his quantum meruit claim against homeowners for whom he did restoration work.  He contends the homeowners owe him $148,000 for the reasonable value of his services and materials.  OPINION HOLDS: Because we find substantial evidence supports the district court’s fact findings, and we rely on the district court’s credibility determinations, we affirm. 

Case No. 19-0541:  In re the Marriage of Nissen

Filed Jul 22, 2020

View Opinion No. 19-0541

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (10 pages)

            Linda Tomlinson, formerly Linda Nissen, appeals the decree dissolving her marriage to Timothy Nissen, contending (1) the district court’s property division was inequitable “considering Tim’s dissipation of marital assets” and (2) the district court abused its discretion in failing to order Tim to pay her trial attorney fees.  OPINION HOLDS: We conclude Tim must make an equalizing payment of $134,754.14 to Linda as a remedy for his dissipation of assets.  We modify the decree to require the payment of this sum within ninety days after the filing of procedendo.  We affirm on the issue of trial attorney fees and do not award any appellate attorney fees.

Case No. 19-0554:  Raymond Vern Butler and Mary Butler v. Wells Fargo Financial, Inc.

Filed Jul 22, 2020

View Opinion No. 19-0554

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (10 pages)

            Raymond and Mary Butler appeal a district court summary judgment ruling dismissing their suit against Wells Fargo Financial, Inc.  OPINION HOLDS: We conclude Wells Fargo Financial was not exercising possession and control over the premises at the time of Raymond Butler’s alleged injuries and did not owe Butler a duty of care.  We affirm.

Case No. 19-0574:  M.W. v. J.W.

Filed Jul 22, 2020

View Opinion No. 19-0574

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  Special Concurrence by Vaitheswaran, P.J.  (9 pages)

            A mother appeals the denial of a protective order prohibiting a father from contacting the parties’ minor child due to alleged sexual abuse.  OPINION HOLDS: We find substantial evidence supporting the district court’s determination that the mother did not prove by a preponderance of the evidence that the father sexually abused the child.  Accordingly, we affirm the district court’s ruling denying the Iowa Code chapter 236A (2019) protective order.  We deny the father’s request for appellate attorney fees, as the father has cited no persuasive authority permitting us to honor that request.  SPECIAL CONCURRENCE ASSERTS: I specially concur only to highlight my concern with the play therapist’s testimony.  In my view, her improper credibility opinion further diminishes her testimony.

Case No. 19-0627:  Kenyatta Harlston Sr. v. State of Iowa

Filed Jul 22, 2020

View Opinion No. 19-0627

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (5 pages)

            Kenyatta Harlston appeals the district court’s dismissal of his second application for postconviction relief, claiming “current PCR counsel was ineffective for failing raise [the claim that] prior PCR counsel was ineffective for not raising issues raised in this PCR.”  Harlston also raises several pro se claims.  OPINION HOLDS: We affirm the denial of Harlston’s application for postconviction relief.

Case No. 19-0654:  Arthur J. Rutledge v. State of Iowa

Filed Jul 22, 2020

View Opinion No. 19-0654

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Arthur Rutledge challenges the district court’s finding that his application for postconviction relief (PCR) based on a claim of actual innocence was time-barred.  OPINION HOLDS: Rutledge provided no evidence that would suggest he was prevented from having the DNA tested prior to his guilty plea or, at the very least, within the three-year period after his convictions.  Therefore, his PCR application is time-barred.

Case No. 19-0696:  State of Iowa v. Joseph John Edwards

Filed Jul 22, 2020

View Opinion No. 19-0696

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (12 pages)

            Joseph Edwards plead guilty to theft in the second degree and burglary in the second degree, both enhanced because he was a habitual offender.  In return, the State dismissed the other eleven counts and imposed concurrent sentences not to exceed fifteen years.  Edwards now contends his attorney failed to ensure the plea-taking court explained the nature of the habitual-offender enhancement.  Edwards also alleges his counsel allowed him to plead guilty when the record did not reveal a factual basis for his prior convictions.  OPINION HOLDS: After examining what is required of the district court in the prior-conviction colloquy, we find the court substantially complied in this case.  Thus, counsel did not breach an essential duty.  Also, because we find Edwards cannot show he was denied effective assistance of counsel, we affirm his convictions.

Case No. 19-0722:  In re the Marriage of Teia and Khalil

Filed Jul 22, 2020

View Opinion No. 19-0722

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (14 pages)

            After the district court awarded Suheir Khalil spousal support, a property equalization payment, and attorney fees in this dissolution action, her husband, Sabet Teia, appealed asserting the awards were inequitable.  OPINION HOLDS: We find the spousal support award should be reduced to $500 per month for a period of five years but affirm the district court order in all other respects.  We award Suheir appellate attorney fees.

Case No. 19-0725:  State of Iowa v. Michael Hillery

Filed Jul 22, 2020

View Opinion No. 19-0725

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J. (16 pages)

            Upon finding an officer improperly promised Michael Hillery leniency, the district court suppressed incriminating statements Hillery made and physical evidence obtained from him.  On interlocutory appeal, the State challenges that ruling in several ways.  First, the State contends the court should not have relied on the common law evidentiary test to suppress the evidence because Hillery did not raise that ground for suppression to the district court.  Second, the State argues in the alternative that even if the district court properly considered the evidentiary exclusion rule, the court erred in determining the officer’s statements to Hillery constituted a promise of leniency.  Third, the State maintains that even if the officer improperly promised leniency, only Hillery’s statements—not any physical evidence—should have been suppressed.  Hillery urges us to affirm the district court ruling granting his motion to suppress, and he argues alternative theories for doing so.  OPINION HOLDS: Because the officer did not make an impermissible promise of leniency to Hillery, we reverse the suppression of incriminating statements and evidence obtained on the basis of the common law evidentiary rule.  We have considered Hillery’s alternative grounds for suppression and find them without merit.  We reverse the district court ruling granting the motion to suppress and remand for further proceedings.

Case No. 19-0738:  VanGetson v. Aero Concrete, LTD.

Filed Jul 22, 2020

View Opinion No. 19-0738

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (11 pages)

            Appellants appeal a district court ruling on judicial review affirming the dismissal of their petitions for partial commutation of future payments of workers’ compensation.  They argue the agency’s interpretation of the commutation statute is improper and the dismissal of their commutation petitions violates their constitutional rights to due process and equal protection.  OPINION HOLDS: We affirm the district court’s ruling on judicial review affirming the agency decision.

Case No. 19-0756:  Sadusky v. Lake Creek

Filed Jul 22, 2020

View Opinion No. 19-0756

            Appeal from the Iowa District Court for Buena Vista County, David A. Lester, Judge.  REVERSED AND REMANDED. Considered by Bower, C.J., and Doyle and May, JJ.  Opinion by Bower, C.J.  (12 pages)

            Plaintiffs appeal from summary judgment granted to Lake Creek Area Sanitary Sewer District.  OPINION HOLDS: Because there is a question whether the statutorily-required notice was given, which must be determined by the fact finder, the district court erred in granting summary judgment to the Sewer District.  In addition, because the question remains whether the Sewer District had jurisdiction as to Sadusky, summary judgment on Sadusky’s claim that an excessive assessment was imposed and whether Sadusky received a benefit are also set aside.  We reverse and remand for further proceedings. 

Case No. 19-0828:  Decorah Genealogy Association v. Roger L. Bergan

Filed Jul 22, 2020

View Opinion No. 19-0828

            Appeal from the Iowa District Court for Winneshiek County, Richard D. Stochl and Alan T. Heavens, Judges.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (10 pages)

            A nonprofit association appeals the dismissal of its conversion claim against a board member of a rival association.  OPINION HOLDS: Iowa Code section 504.901 (2017) provides the board member statutory immunity.

Case No. 19-0912:  State of Iowa v. David E. Williams

Filed Jul 22, 2020

View Opinion No. 19-0912

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Doyle, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (11 pages)

            David Williams appeals his convictions of first-degree sexual abuse, third-degree sexual abuse, and incest.  As to all three convictions, Williams argues the district court allowed the State to elicit impermissible vouching testimony from two professionals who interviewed the alleged victim.  He also challenges the sufficiency of the evidence supporting the serious injury element of his conviction of first-degree sexual abuse.  Finally, Williams argues the court erred in failing to merge his dual convictions of sexual abuse.  OPINION HOLDS: We find no abuse of discretion on Williams’s claim the court allowed impermissible vouching testimony.  We find the evidence sufficient to support the serious injury element of first-degree sexual abuse.  We conclude merger of the sexual-abuse convictions is not required.  We affirm.

Case No. 19-0948:  State of Iowa v. Mark Besaw

Filed Jul 22, 2020

View Opinion No. 19-0948

            Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Mark Besaw appeals from a denial of his suppression motion challenging the constitutionality of the stop of his vehicle.  OPINION HOLDS: The officer had sufficient description to create reasonable suspicion that Besaw’s pickup was the suspect vehicle, and additional information about damage to the pickup did not negate reasonable suspicion.  The question of whether the stop was unconstitutionally premised on a completed misdemeanor is not preserved on appeal, and we do not consider it.  Therefore, we affirm the district court’s denial of Besaw’s motion to suppress.

Case No. 19-0973:  Derrick Deondre Daniels v. State of Iowa

Filed Jul 22, 2020

View Opinion No. 19-0973

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

            Derrick Daniels appeals the district court order dismissing his second postconviction-relief (PCR) application on the State’s motion to dismiss.  The district court concluded Daniels’s illegal-sentence claim was without merit, and the other grounds raised in the second application had already been adjudicated in Daniels’s first PCR application and were thus barred under Iowa Code section 822.8 (2019).  On appeal, Daniels argues his prior appellate and first PCR counsel were ineffective in failing to raise a due-process challenge related to the admission of the video recording in which Daniels made incriminating statements.  OPINION HOLDS: The issue raised in this appeal was finally adjudicated on appeal in Daniels’s first PCR application.  As noted, our court has already determined Daniels cannot prevail on a PCR action based on ineffective assistance of counsel related to admission of the video recording because Daniels cannot show prejudice from the video’s admission.  Therefore, his claim of ineffective assistance of counsel in this action based on admission of the video recording fails because that issue has already been resolved on the merits. 

Case No. 19-1045:  In the Matter of the Inman Family Living Trust

Filed Jul 22, 2020

View Opinion No. 19-1045

            Appeal from the Iowa District Court for Adams County, Michael Jacobsen, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (7 pages)

            Appellants appeal a district court ruling on a trustee’s application for court direction regarding payment of trust income, which directed the trustee to pay Ella Mae Inman the gross income of the trust upon her request regardless of whether trust expenses must then be paid by invading the trust’s assets.  OPINION HOLDS: We reverse the district court’s ruling on the trustee’s application for court direction and remand the matter for entry of an order consistent with this opinion.

Case No. 19-1090:  James E. Wright, Jr. v. State of Iowa

Filed Jul 22, 2020

View Opinion No. 19-1090

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Vaitheswaran, P.J.  (5 pages)

            James Wright, Jr. appeals from the district court’s dismissal of his second application for postconviction relief (PCR), contending (1) the “second PCR action is, in fact, timely under Allisonv. State, 914 N.W.2d 866, 891 (Iowa 2018), and (2) the statute of limitations does not “apply to [the] second PCR action, as it involves newly discovered evidence.”  OPINION HOLDS: We affirm the summary dismissal of Wright’s second PCR application.

Case No. 19-1104:  State of Iowa v. Robert John Morris

Filed Jul 22, 2020

View Opinion No. 19-1104

            Appeal from the Iowa District Court for Carroll County, Gary L. McMinimee, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Greer, J.  (6 pages)

            Robert Morris appeals the restitution order entered after his guilty plea, arguing there was insufficient evidence to support the restitution award for one of the victim’s damages.  OPINION HOLDS: We conclude there was sufficient evidence to support the restitution award for the victim’s damaged clothing and carpet and lost wages, and affirm that portion of the order.  We agree there was insufficient evidence of the victim’s medical expenses and vacate that portion of the order.  We remand for further proceedings to determine the amount of restitution for the victim’s medical bills.

Case No. 19-1223:  Gregory R. Swecker and Beverly F. Swecker v. Lamson, Dugan & Murray, LLP and Sean Minahan

Filed Jul 22, 2020

View Opinion No. 19-1223

            Appeal from the Iowa District Court for Greene County, Gina C. Badding, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Gamble, S.J.  Opinion by Tabor, P.J.  (5 pages)

            Self-represented litigants Gregory and Beverly Swecker failed to line up an expert witness for their legal malpractice action.  They contend that any lay person would recognize their attorney’s performance as a breach of contract and attorney malpractice.  On that basis, the district court granted summary judgment to the lawyer and law firm they were suing.  OPINION HOLDS: Because we do not find the Sweckers’ case an exceptional case and we find the district court’s ruling is thorough and approve of its reasoning, we affirm by memorandum opinion.

Case No. 19-1268:  In re the Marriage of Wheeler

Filed Jul 22, 2020

View Opinion No. 19-1268

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED AS MODIFIED ON BOTH APPEALS.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (15 pages)

            Tad Wheeler appeals from the decree dissolving his marriage to Verna Wheeler.  Tad challenges the district court’s property division, the determination of his income for purposes of the child-support obligation, and the award of attorney fees to Verna.  He asks us to order Verna to pay his appellate attorney fees of $27,775.  On cross-appeal, Verna challenges the division of property and the resulting equalization payment and asks for appellate attorney fees of $10,125.  OPINION HOLDS: We agree with the district court’s finding that Tad’s income for the purpose of child support is $119,882.  We reduce the equalization payment Tad is required to make to Verna to $281,539.86.  Tad is still required to pay the equalization payment at the rate of $5000 per month or may choose to prepay the obligation.  We affirm the district court’s award of attorney fees to Verna in the amount of $6000 and order Tad to pay $5000 of Verna’s appellate attorney fees.

Case No. 19-1285:  Kenneth Lee Doss v. State of Iowa

Filed Jul 22, 2020

View Opinion No. 19-1285

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Kenneth Doss appeals from the district court’s denial of his application for postconviction relief, contending (1) his plea attorney was ineffective in failing to “adequately inform [him] of the extent of the rules and requirements of the special sentence at the time of his plea” and (2) the district court “erred in holding the rules of [his] special sentence and parole are constitutional and legal as applied to him.”  OPINION HOLDS: We affirm the denial of Doss’s postconviction-relief application.

Case No. 19-1311:  State of Iowa v. Deborah Boley

Filed Jul 22, 2020

View Opinion No. 19-1311

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J. Special concurrence by Ahlers, J.  (10 pages)

            Deborah Boley appeals her conviction for operating a motor vehicle while intoxicated, first offense, arguing that the district court wrongly denied her motion to suppress because the officers involved had neither probable cause coupled with exigent circumstances nor consent to justify the warrantless entry into her home.  OPINION HOLDS: We reverse and remand.  SPECIAL CONCURRENCE ASSERTS: I write separately for the purpose of reinforcing the principle that courts should not need to patch together conclusions drawn from a number of ambiguous facts in order to find consent.  Being unwilling to disregard the requirement that consent be unequivocal, I join in the decision to reverse the district court’s decision.

Case No. 19-1342:  In the Matter of the Joan T. Goetzinger Living Trust Dated May 30, 2014

Filed Jul 22, 2020

View Opinion No. 19-1342

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Gail Miller, a former trustee, appeals the district court’s refusal to order payment of all of her and her attorney’s fees from the trust.  OPINION HOLDS: Miller was not entitled to fees for “investment services” based on the language of the trust document, and the trustee and attorney fees awarded appropriately reflect the necessary administration of the trust.  Miller’s claim of judicial bias is not preserved for appeal.  Accordingly, we affirm the district court’s ruling in its entirety.

Case No. 19-1403:  In the Interest of B.G.B., Minor Child

Filed Jul 22, 2020

View Opinion No. 19-1403

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (11 pages)

            A child’s legal custodian appeals the order denying a petition to terminate the father’s parental rights.  OPINION HOLDS: The custodian failed to show the father abandoned the child as required to terminate parental rights under Iowa Code section 600A.8(3)(a) (2019).  We need not consider the custodian’s arguments concerning the child’s best interests.

Case No. 19-1445:  In re the Marriage of McCaffry

Filed Jul 22, 2020

View Opinion No. 19-1445

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (3 pages)

            Joseph McCaffry appeals the spousal support provisions of the decree dissolving his seventeen-year marriage to Tracey McCaffry.  Joseph argues the amount and duration of Tracey’s spousal support award is inequitable.  OPINION HOLDS: We affirm the decree dissolving the parties’ marriage.

Case No. 19-1524:  State of Iowa v. Charles S. Curry

Filed Jul 22, 2020

View Opinion No. 19-1524

            Appeal from the Iowa District Court for Boone County, Christopher C. Polking, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (5 pages)

            Charles Curry appeals from his conviction for willful injury resulting in serious injury.  He contends there was insufficient proof of serious injury to support his conviction.  OPINION HOLDS: After reviewing the record in the light most favorable to the verdict, we determine there was sufficient evidence from which a jury could have reasonably found beyond a reasonable doubt that Curry’s actions did result in serious injury to Schroder.  Thus, we reject Curry’s claim of insufficient evidence and we affirm his conviction.    

Case No. 19-1566:  Meta Crow v. Sarvenaz Jabbari, M.D.

Filed Jul 22, 2020

View Opinion No. 19-1566

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (9 pages)

            Meta Crow contends the district court was wrong in finding she waited too long to file her medical malpractice lawsuit against Dr. Sarvenaz Jabbari.  Crow asks us to reverse the summary judgment, urging that a genuine issue of material fact exists as to the date she was on notice of her claimed injury and its cause in fact.  Crow also argues we should find that her designated experts are qualified to address the standard of care.  OPINION HOLDS: Because no reasonable fact finder could conclude that Crow filed her lawsuit within two years of when she was on notice of her injury caused by an alleged misdiagnosis, the statute of limitations barred her action.  Next, because the statute bars her claim, we need not reach the expert-opinion issue.

Case No. 19-1601:  State of Iowa v. Olympia Rachelle Cooks

Filed Jul 22, 2020

View Opinion No. 19-1601

            Appeal from the Iowa District Court for Hardin County, Adria Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (2 pages)

            Olympia Cooks challenges the sufficiency of the evidence supporting her convictions for one count of threat of terrorism and three counts of second-degree harassment.  OPINION HOLDS: Because the court never ruled on the motion for judgment of acquittal, Cook failed to preserve error for appellate review.

Case No. 19-1622:  In the Interest of G.S. and J.S., Minor Children

Filed Jul 22, 2020

View Opinion No. 19-1622

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Because there is no basis for finding the need for the children’s removal would be eliminated if we granted the mother additional time, we reject her request to delay permanency for six months.  Because the mother failed to make any changes to her situation in the ten months after the children’s removal, we agree termination is in the children’s best interests.  And even if a relative was a suitable placement for the children, it would not change the decision to terminate.  We affirm.

Case No. 19-1672:  Mary Sue Earley and Bankers Trust Company as Trustees of the Mary Sue Earley Revocable Trust Dated September 26, 1994 v. Board of Adjustment of Cerro Gordo County, Iowa, Gregory A. Saul and Lea Ann Saul

Filed Jul 22, 2020

View Opinion No. 19-1672

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            The Plaintiffs appeal the district court decision annulling a writ of certiorari challenging the Board of Adjustment’s grant of an area variance to the intervenors.  OPINION HOLDS: We find no error in the district court’s conclusions.  The court reviewed the evidence using the correct standard of review and properly applied the law.  The plaintiffs have not shown the Board acted illegally.  We affirm the decision of the district court.

Case No. 19-1687:  In re the Marriage of Anderson

Filed Jul 22, 2020

View Opinion No. 19-1687

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

            Abby Anderson appeals the district court’s denial of her petition to modify the decree dissolving her marriage to Michael Anderson, contending the district court (1) should have modified the dissolution decree to grant her physical care of the children; (2) “showed a bias against [her] when questioning her”; (3) should have increased Michael’s child support obligation; and (4) should have modified the holiday visitation schedule.  OPINION HOLDS: We affirm.

Case No. 19-1764:  State of Iowa v. Antonio Alberto Hernandez

Filed Jul 22, 2020

View Opinion No. 19-1764

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (8 pages)

            Antonio Hernandez challenges his conviction for first-degree burglary.  OPINION HOLDS: Finding substantial evidence supports the jury’s verdict finding Hernandez guilty of first-degree burglary, we affirm the district court.

Case No. 19-1812:  RV Central, Inc. v. Stanley Vander Plaats

Filed Jul 22, 2020

View Opinion No. 19-1812

            Appeal from the Iowa District Court for O'Brien County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (14 pages)

            After a reverse stock split, RV Central, Inc. sued to determine the fair value of a dissenting shareholder’s shares of the corporation.  The district court found RV Central acted arbitrarily in omitting the value of crops on the land from its share valuation estimate, relied on a June 2018 appraisal to value the corporation’s land, and awarded attorney fees to the dissenting shareholder.  RV Central appeals.  The dissenting shareholder asks us to affirm the district court order and award appellate attorney fees.  OPINION HOLDS: We conclude (1) RV Central acted arbitrarily in omitting the crop value from its valuation estimate and affirm the award of attorney fees; (2) the district court’s use of the 2018 appraisal was appropriate; and (3) the dissenting shareholder is entitled to an award of costs and some of his attorney fees on appeal.

Case No. 19-1818:  State of Iowa v. Lafayette Dean

Filed Jul 22, 2020

View Opinion No. 19-1818

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

            Lafayette Dean appeals his conviction of domestic abuse assault impeding air or blood flow causing serious injury, challenging the sufficiency of the evidence supporting the court’s finding of guilt.  OPINION HOLDS: We affirm.

Case No. 19-1863:  State of Iowa v. Stephen Craig Leonard

Filed Jul 22, 2020

View Opinion No. 19-1863

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (5 pages)

            Stephen Leonard appeals his drug conviction, arguing the district court erred in denying his motions to suppress and for appointment of an expert witness.  OPINION HOLDS: We affirm Leonard’s conviction.

Case No. 19-1943:  In re the Marriage of Lusk

Filed Jul 22, 2020

View Opinion No. 19-1943

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (6 pages)

            David Lusk appeals the district court’s calculation of child support and valuation of Dawn Lusk’s retirement account.  David argues the child support award is not appropriate considering the custody arrangement and assets were inequitably divided between the parties because of a miscalculation of Dawn’s retirement account.  OPINION HOLDS: Because David did not meet his burden to prove the additional income was not reasonably expected in the future, the child support calculation will not be disturbed.  The district court’s valuation of Dawn’s 401k was within the range of evidence and the amount set aside to set off the funds used on attorney fees was equitable. 

Case No. 19-1951:  In re the Marriage of Hallberg

Filed Jul 22, 2020

View Opinion No. 19-1951

            Appeal from the Iowa District Court for Fayette County, Alan T. Heavens, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            In this post-dissolution of marriage modification action, Clay Hallberg appeals the order denying his petition to modify his spousal support obligation to Tamra Hallberg.  Tamra cross-appeals the denial of her request for trial attorney fees.  OPINION HOLDS: On our de novo review, we find no substantial change in circumstances outside the contemplation of the parties and the district court at the time the stipulated dissolution decree was entered that would justify a modification of Clay’s spousal support obligation.  We also find no abuse of discretion in denying Tamra’s request for trial attorney fees.  Therefore, we affirm the district court with respect to both appeals, and we award Tamra $4000.00 in appellate attorney fees.

Case No. 19-1996:  In the Interest of J.T., B.T., and R.J., Minor Children

Filed Jul 22, 2020

View Opinion No. 19-1996

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

                       

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: The juvenile court did not abuse its discretion in denying the mother’s request for a continuance of the termination hearing because she failed to show good cause.  Because clear and convincing evidence shows the children cannot be returned to the mother’s care due to her ongoing issues with substance use and termination is in the children’s best interests, we affirm the termination of the mother’s parental rights under Iowa Code section 232.116(1)(f) and (h) (2019).

Case No. 19-2079:  In the Interest of H.B., Minor Child

Filed Jul 22, 2020

View Opinion No. 19-2079

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Clear and convincing evidence supports terminating the father’s parental rights under Iowa Code section 232.116(1)(f) (2019), and termination is in the child’s best interests.  We decline to apply Iowa Code section 232.116(3)(a) to avoid termination.  We affirm.

Case No. 20-0267:  In the Interest of T.H., H.H., and J.H., Minor Children

Filed Jul 22, 2020

View Opinion No. 20-0267

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (13 pages)

            A father appeals the termination of his parental rights.  He challenges the juvenile court’s permanency goal, the grounds authorizing termination, whether the State made reasonable efforts toward reunification, whether termination is in the children’s best interests, whether permissive statutory exceptions should be applied to preclude termination, and whether his due process rights were violated.  OPINION HOLDS: The juvenile court’s permanency order is not a final appealable order, and it is subsumed into the termination proceeding, so we do not address it.  The State established statutory grounds authorizing termination.  Because the father failed to alert the juvenile court to his reasonable efforts challenge prior to the termination hearing, he waived any challenge.  Termination is in the children’s best interests.  There is no compelling reason to apply a permissive statutory exception to preclude termination.  And because the father failed to present his due process claim to the juvenile court, it is not preserved for our review.

Case No. 20-0304:  In the Interest of O.B., Minor Child

Filed Jul 22, 2020

View Opinion No. 20-0304

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals from a district court order terminating his parental rights pursuant to Iowa Code chapter 600A (2019).  OPINION HOLDS: Clear and convincing evidence supports the termination of the father’s rights pursuant to Iowa Code sections 600A.8(3)(b) and 600A.8(4).  We find termination to be in the best interests of the child.  The district court order is therefore affirmed.

Case No. 20-0609:  In the Interest of B.M., Minor Child

Filed Jul 22, 2020

View Opinion No. 20-0609

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A child’s parents separately appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of their parental rights and termination is in the child’s best interests.  We affirm the decision of the juvenile court.

Case No. 20-0654:  In the Interest of A.H., E.S., D.A., B.A., and M.A., Minor Children

Filed Jul 22, 2020

View Opinion No. 20-0654

            Appeal from the Iowa District Court for Winnebago County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (25 pages)

            A mother and father separately appeal the termination of their parental rights to their respective children.  They contend termination was not in the children’s best interests.  They also argue the juvenile court violated their due process rights and abused its discretion by denying their motion to continue and, instead, ordering a fully telephonic termination hearing, pursuant to recent supreme court supervisory orders on the provision of court services during the coronavirus/COVID-19 pandemic.  The mother separately asserts termination would be detrimental to the children due to her bond with them.  OPINION HOLDS: Examining recent precedent and balancing the need for urgency in securing permanent homes for children consistent with statutory timelines and their best interests against the risk of error in a fully telephonic hearing, we conclude the procedures offered met the requirements of due process.  We find the juvenile court did not abuse its discretion in denying the parents’ motion to continue.  We conclude it is in the children’s best interests to terminate the parents’ rights.  We further find termination is not detrimental to the children due to the parent-child bond with the mother.  We affirm. 

Case No. 20-0665:  In the Interest of E.C., K.C., and M.C., Minor Children

Filed Jul 22, 2020

View Opinion No. 20-0665

            Appeal from the Iowa District Court for Jones County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (5 pages)

            The mother appeals the termination of her parental rights to her three children.  On appeal, the mother contends only that termination of her rights is not in the children’s best interests and the permissive exception in Iowa Code section 232.116(3)(c) (2019) should be applied to save the parent-child relationships.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 20-0693:  In the Interest of J.G., Minor Child

Filed Jul 22, 2020

View Opinion No. 20-0693

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Doyle, P.J., May, J., and Carr, S.J.  Opinion by Carr, S.J.  (3 pages)

            A father appeals the juvenile court order terminating parental rights.  OPINION HOLDS: The father is without standing to contest termination of the mother’s parental rights and fails to advance any argument concerning the termination of his own parental rights.  Regardless, the record clearly shows termination of the father’s parental rights is appropriate under Iowa Code section 232.116(1)(f) (2019). 

Case No. 20-0726:  In the Interest of J.H., K.H., K.W., and M.W., Minor Children

Filed Jul 22, 2020

View Opinion No. 20-0726

            Appeal from the Iowa District Court for Floyd County, David F. Staudt, Judge.  AFFIRMED.  Considered by Doyle, P.J., May, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (10 pages)

            A mother appeals the termination of her parental rights to four children.  She contends the State failed to prove the grounds for termination cited by the juvenile court and the juvenile court should have granted her additional time to work toward reunification.  The mother also claims she was “denied due process . . . and/or effective assistance of counsel” on appeal due to the juvenile court’s allowance of her trial counsel to withdraw after the termination hearing.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the mother’s parental rights.

Case No. 20-0734:  In the Interest of G.H., Minor Child

Filed Jul 22, 2020

View Opinion No. 20-0734

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            The father appeals from the order terminating his parental rights to the child.  OPINION HOLDS: We reject the father’s request to provide additional transcripts from other hearings, and we find termination is in the child’s best interest.

Case No. 20-0748:  In the Interest of H.T., Minor Child

Filed Jul 22, 2020

View Opinion No. 20-0748

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            A father appeals the termination of his parental rights to his child, contending (I) the juvenile court should have placed the child in a guardianship with one of his relatives as an alternative to termination; (II) termination of his parental rights was not in the child’s best interests; and (III) the department of human services failed to timely notify and investigate his relatives as potential placement options.  OPINION HOLDS: We affirm.

Case No. 20-0749:  In the Interest of A.V., Minor Child

Filed Jul 22, 2020

View Opinion No. 20-0749

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (7 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: I. Because the juvenile court determined that continuing the hearing went against the child’s best interests, the juvenile court did not abuse its discretion in conducting the termination hearing telephonically rather than continuing it until after June 15, 2020.  II. The mother waived error on her claim that the evidence did not support the statutory grounds for termination under Iowa Code section 232.116(1)(h) (2020), and we may affirm on that ground.  Because termination is in the child’s best interests and none of the circumstances listed in section 232.116(3) apply, the statutory requirements for terminating the mother’s parental rights have been met.  III. We decline to grant the mother additional time to address the issues that led to the child’s removal and adjudication as in need of assistance because there is no basis for finding the need for the child’s removal will be eliminated in six months.

Case No. 18-0268:  State of Iowa v. Quarzone Erikey Martin

Filed Jul 01, 2020

View Opinion No. 18-0268

      Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge. REVERSED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (14 pages)

            Quarzone Erikdey Martin appeals from convictions for second-degree murder, willful injury causing serious injury, and going armed with intent, asserting the court erred in instructing the jury, abused its discretion in rejecting the evidence as to the decedent’s violent character, and in denying his motion for mistrial.  OPINION HOLDS: Because the trial court erred in giving an instruction implementing Iowa Code section 704.2B (2017), we reverse and remand for a new trial. 

Case No. 18-1737:  State of Iowa v. Mario Goodson

Filed Jul 01, 2020

View Opinion No. 18-1737

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Linda M. Fangman, and George L. Stigler, Judges.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED FOR RESENTENCING.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J. (20 pages)

            Mario Goodson appeals his convictions and sentence.  He now appeals raising multiple arguments, including: (1) bad-acts evidence was improperly admitted; (2) the trial judge should have recused himself from the trial and the hearings on the post-trial motions; (3) the first-degree burglary and third-degree sexual abuse offenses should merge; and (4) his sentence is illegal because it specifies a duration for sex-offender-registry obligations.  OPINION HOLDS: We affirm the convictions and find (1) the bad-acts evidence was admissible, (2) Goodson did not preserve error on the recusal claims, and (3) because we believe the legislature intended separate punishments for first-degree burglary and third-degree sexual assault, we find merger was not appropriate.  (4) But we do vacate Goodson’s sentence in part and remanded for resentencing.

Case No. 19-0049:  State of Iowa v. Scott A. Thompson

Filed Jul 01, 2020

View Opinion No. 19-0049

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (3 pages)

            On interlocutory appeal, Scott Thompson challenges the district court’s denial of his request for a pretrial hearing on immunity from prosecution under Iowa’s “stand your ground” law.  OPINION HOLDS: Under State v. Wilson, 941 N.W.2d 579 (Iowa 2020), Thompson is not entitled to a pretrial hearing. 

Case No. 19-0225:  Gatluak Chuol Bol v. State of Iowa

Filed Jul 01, 2020

View Opinion No. 19-0225

            Appeal from the Iowa District Court for Marshall County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by May, J.  (7 pages)

            Gatluak Bol appeals the dismissal of his postconviction-relief application.  He asserts he received ineffective assistance of counsel.  OPINION HOLDS: We conclude Bol has not established any of his ineffective-assistance claims.  So we affirm the dismissal of his application.

Case No. 19-0331:  Joel Smitherman v. State of Iowa

Filed Jul 01, 2020

View Opinion No. 19-0331

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Joel Smitherman appeals the district court’s dismissal of his fourth application for postconviction relief (PCR).  OPINION HOLDS: Smitherman is not entitled to relief under Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018).  Also, he has not shown he received ineffective assistance from his PCR counsel in this case.  We affirm the decision of the district court.

Case No. 19-0362:  State of Iowa v. D'Marithe Culbreath

Filed Jul 01, 2020

View Opinion No. 19-0362

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            D’Marithe Culbreath appeals from his convictions of first-degree murder, first-degree robbery, and conspiracy to commit first-degree burglary.  He argues the district court abused its discretion in admitting a multiple-hour video of police interviewing him because, during the interview, a detective asked Culbreath if a codefendant thought Culbreath had guns and Culbreath replied, “Could.”  He maintains this was prior-bad-acts evidence that should have been kept out of trial.  OPINION HOLDS: Because the claim Culbreath brings on appeal was not preserved for our review, we affirm.

Case No. 19-0401:  State of Iowa v. Joseph R. Desalme

Filed Jul 01, 2020

View Opinion No. 19-0401

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J. (8 pages)

            Joseph Desalme challenges his convictions for second-degree robbery and first-degree theft.  OPINION HOLDS: Because the record lacks substantial evidence to support a finding of Desalme’s intent to permanently deprive the owners of their vehicles or purses, we reverse and remand.

Case No. 19-0457:  State of Iowa v. Rudy Chase Stroud

Filed Jul 01, 2020

View Opinion No. 19-0457

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

            Rudy Stroud appeals his criminal convictions arguing his counsel was ineffective in failing to object to a jury instruction as an incorrect statement of the law.  OPINION HOLDS: We find counsel breached an essential duty in failing to object, but Stroud suffered no prejudice, and counsel was therefore not ineffective.  We affirm Stroud’s convictions.

Case No. 19-0466:  In re the Marriage of Andreas and Rockne

Filed Jul 01, 2020

View Opinion No. 19-0466

            Appeal from the Iowa District Court for Winneshiek County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (10 pages)

            Brian Andreas, now known as Kai Andreas Skye, appeals the property distribution provisions of the decree dissolving his thirty-four year marriage to Ellen Rockne.  OPINION HOLDS: On our de novo review, we find no failure to do equity in the district court’s decree or remand ruling.  We award Rockne appellate attorney fees.

Case No. 19-0641:  State of Iowa v. Justin L. Alexander

Filed Jul 01, 2020

View Opinion No. 19-0641

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Justin Alexander appeals his convictions of domestic abuse assault (strangulation), domestic abuse assault while using or displaying a dangerous weapon, false imprisonment, criminal mischief, and possession of a firearm by a prohibited person.  On appeal, Alexander contends the district court should not have allowed him to represent himself.  He also contends his trial attorney was ineffective in several respects.  OPINION HOLDS: We agree with the district court that Alexander’s waiver of counsel was voluntary, clear, and unequivocal.  We preserve his ineffective-assistance-of-counsel claims for postconviction relief. 

Case No. 19-0779:  State of Iowa v. Wayne Patrick Gibson

Filed Jul 01, 2020

View Opinion No. 19-0779

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Wayne Gibson appeals his convictions for second-degree and third-degree sexual abuse, claiming the district court erred in denying his motion challenging the jury’s composition.  OPINION HOLDS: Because Gibson did not have the benefit of either State v. Lilly, 930 N.W.2d 293, 301–08 (Iowa 2019), or State v. Veal, 930 N.W.2d 319, 328–330 (Iowa 2019), at the time of trial, we conditionally affirm and remand the matter to the district court to give Gibson an opportunity to develop his claim that his constitutional right to an impartial jury was violated.

Case No. 19-0784:  State of Iowa v. Daniel Lee White

Filed Jul 01, 2020

View Opinion No. 19-0784

            Appeal from the Iowa District Court for Jackson County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Blane, S.J.  Opinion by May, J.  (7 pages)

            Daniel White was convicted of operating while intoxicated, second offense.  He argues there was insufficient evidence for his conviction.  And he alleges his trial counsel was ineffective.  OPINION HOLDS: We find sufficient evidence and affirm his conviction.  We also preserve his ineffective-assistance claim.

Case No. 19-0900:  State of Iowa v. Laquandra Monic Anderson

Filed Jul 01, 2020

View Opinion No. 19-0900

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Laquandra Anderson entered written guilty pleas to five counts of third-degree theft.  She took items from Walmart stores in Waterloo and Cedar Falls.  The court ordered her to serve a prison term not to exceed two years running the five sentences concurrently.  She now appeals those convictions, alleging her attorney was ineffective in allowing her to enter the guilty pleas.  OPINION HOLDS: The information provided in Anderson’s written plea forms substantially complied with Iowa Rule of Criminal Procedure 2.8(2)(b).  Also, we find counsel had no duty to insist on a Harrington-like colloquy for these aggravated-misdemeanor guilty pleas.  Last, we find no prejudice resulting from counsel’s performance in representing Anderson on these aggravated misdemeanor guilty pleas.

Case No. 19-0917:  State of Iowa v. Ronald Leroy Snipes

Filed Jul 01, 2020

View Opinion No. 19-0917

            Appeal from the Iowa District Court for Story County, Steven P. Van Marel, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (4 pages)

            The issue in this case is whether the district court abused its discretion by suspending Snipes’s sentence and placing him on probation without explicitly articulating the factors it considered in doing so.  OPINION HOLDS: The district court’s decision was based on reasonable considerations, and we find no abuse of discretion.

Case No. 19-0981:  State of Iowa v. Michael Buman

Filed Jul 01, 2020

View Opinion No. 19-0981

            Appeal from the Iowa District Court for Plymouth County, Steven J. Andreasen, Judge.  CONVICTION REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  Dissent by May, J.  (14 pages)

            Michael Buman appeals his conviction of wanton neglect of a resident in a health care facility.  OPINION HOLDS: Because an exhibit listing the minimum standard of care for registered nurses and an instruction on the jury’s use of that exhibit could confuse the jury or lead it to misapply the law on the issue of whether Buman knowingly acted in a manner likely to injure the resident, we reverse Buman’s conviction and remand for new trial.  DISSENT ASSERTS: Although the jury instructions were probably not perfect, I do not think they misled the jury.  Reversal is not warranted.  I respectfully dissent.

Case No. 19-1235:  Donald King v. State of Iowa

Filed Jul 01, 2020

View Opinion No. 19-1235

            Appeal from the Iowa District Court for Lee (North) County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (2 pages)

            Donald King appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: Although King asks us to overrule precedent holding Iowa Code section 704.1(3) (2018) does not apply retroactively, we are not at liberty to overturn Iowa Supreme Court precedent.  We therefore affirm.

Case No. 19-1291:  State of Iowa v. Dennis Wray Bonin

Filed Jul 01, 2020

View Opinion No. 19-1291

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn and Amy M. Moore, Judges.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A defendant appeals his conviction and sentence for the aggravated misdemeanor offense of sexual exploitation by a school employee.  He contends the plea was not knowing and intelligent.  He also argues the court abused its discretion in denying his request for a deferred judgment.  OPINION HOLDS: Because the defendant received an appropriate advisory on how to challenge his plea, but did not do so, his first claim will have to wait until he seeks postconviction relief.  Finding no abuse of discretion in his sentencing, we affirm.

Case No. 19-1295:  In re the Marriage of Kelly

Filed Jul 01, 2020

View Opinion No. 19-1295

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Jami Mason appeals a modification ruling by the district court.  In the modification ruling, the district court directed Michael Kelly and Jami Mason to share the physical care of their two children.  The court also declined to hold Michael in contempt of the divorce decree.  OPINION HOLDS: We find Michael showed a substantial change in circumstances to justify modification.  And Jami did not prove that Michael willfully violated the decree.  We thus affirm the district court’s order.

Case No. 19-1670:  In re the Marriage of Del Real

Filed Jul 01, 2020

View Opinion No. 19-1670

            Appeal from the Iowa District Court for Sioux County, Zachary Hindman, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (12 pages)

            Ubaldo Del Real appeals from the decree dissolving his marriage to Gregoria Del Real, contending (1) the court failed to “imput[e] minimum wage to Gregoria for child support purposes” and (2) acted inequitably by not giving him “a greater portion of the marital equity.”  OPINION HOLDS: We affirm all provisions of the dissolution decree except the provisions approving the parents’ stipulation concerning custody of the youngest child and ordering custody of the youngest child to be placed with Gregoria, because we conclude the district court lacked subject matter jurisdiction to make a child custody determination involving the youngest child.  We therefore affirm as modified.

Case No. 19-1673:  In the Interest of M.S., Minor Child

Filed Jul 01, 2020

View Opinion No. 19-1673

            Appeal from the Iowa District Court for Marion County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (7 pages)

            The father appeals the termination of his parental rights to his child, ten-year-old M.S., in an Iowa Code chapter 600A (2017) termination.  The district court found the father had abandoned M.S. pursuant to section 600A.8(3)(b), and termination of the father’s rights was in M.S.’s best interests.  The father challenges each of those conclusions on appeal.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

Case No. 19-1683:  Hadaway v. Hadaway

Filed Jul 01, 2020

View Opinion No. 19-1683

            Appeal from the Iowa District Court for Hamilton County, James C. Ellefson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND VACATED IN PART.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (4 pages)

            Mark and Thomas Hadaway appeal a district court order regarding the dismissal of a petition for relief from elder abuse.  OPINION HOLDS: Because the district court’s assessment of costs against Mark and Thomas was in direct violation of the statute, it is reversed.  The district court’s finding regarding the necessity of litigation was irrelevant to the merits of the dismissal and attorney fee argument and is vacated.  We find the court did not abuse its discretion in denying the request for attorney fees.

Case No. 19-1786:  In re the Marriage of Edwards

Filed Jul 01, 2020

View Opinion No. 19-1786

            Appeal from the Iowa District Court for Linn County, Fae E. Hoover, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (11 pages)

            Matthew Edwards appeals provisions of the temporary order issued by the district court awarding temporary child and spousal support awards to Rachael Edwards.  OPINION HOLDS: Upon our de novo review of the record, we find no reason to disturb the district court’s temporary order awarding child and spousal support to Rachael, as well as the court’s decision not to address tax exemption designations at the time of the temporary order.  We decline to award appellate attorney fees.

Case No. 19-1795:  In re the Marriage of Hare

Filed Jul 01, 2020

View Opinion No. 19-1795

            Appeal from the Iowa District Court for Clay County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Thomas Hare challenges the district court’s award of traditional spousal support to his former wife, Christina Hare.  He asks us to reduce the amount and duration of the support.  OPINION HOLDS: Because the district court’s spousal support ruling is reasonable based on the length of the marriage and the disparity in the parties’ earning, we affirm.  Also, ending Thomas’s alimony obligation at the point of his future retirement will ordinarily be considered to raise too many speculative issues to be considered in the initial spousal support award, so we see no reason to modify the decree.  We decline to award attorney fees on appeal.

Case No. 19-1869:  State of Iowa v. Iowa District Court for Jasper County

Filed Jul 01, 2020

View Opinion No. 19-1869

            Certiorari from the Iowa District Court for Jasper County, Thomas W. Mott, Judge.  WRIT SUSTAINED AND CASE REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (6 pages)

            The State appeals by certiorari the grant of a deferred sentence for violating a sex offender exclusion zone.  The State contends Iowa law bars that outcome.  OPINION HOLDS: The district court misread the relevant code sections as allowing it to grant a deferred sentence for this offense.  That option was not available.  Therefore, we sustain the writ of certiorari, vacate the court’s ruling, and remand for sentencing consistent with this opinion. 

Case No. 19-2131:  In the Interest of A.R., Minor Child

Filed Jul 01, 2020

View Opinion No. 19-2131

            Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because clear and convincing evidence supports the grounds for termination under Iowa Code section 232.116(1)(d) (2019), termination is in the child’s best interests, and there is no countervailing reason to not terminate parental rights, we affirm. 

Case No. 20-0330:  In the Interest of D.D., Minor Child

Filed Jul 01, 2020

View Opinion No. 20-0330

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  Dissent by Schumacher, J.  (10 pages)

            The biological father of D.D. appeals the dismissal of the juvenile court’s child-in-need-of-assistance proceeding, contending the purposes of the dispositional order have not been accomplished.  OPINION HOLDS: On our de novo review, we conclude the purposes of the dispositional order have been sufficiently accomplished and the continuation of supervision, care,

Case No. 20-0402:  In the Interest of K.P., Minor Child

Filed Jul 01, 2020

View Opinion No. 20-0402

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            After this two-year-old child tested positive for methamphetamine, the child-in-need-of-assistance (CINA) dispositional order was modified to remove the child from the father’s custody.   The father appeals the modification order.  He argues there is not clear and convincing evidence that removal was necessary to protect the child from some harm that would justify adjudication of the child as a child in need of assistance and there was no showing K.P. was in any danger.  OPINION HOLDS: Based on our de novo review, we agree with the juvenile court decision to modify the CINA dispositional order to remove the child from the custody of the father as well as the mother and to place the custody of the child with the Iowa Department of Human Services.  We affirm.

Case No. 20-0542:  In the Interest of A.M., K.M., B.M., L.M., J.M., G.M., J.M., L.M., and A.M., Minor Children

Filed Jul 01, 2020

View Opinion No. 20-0542

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (6 pages)

            A father appeals the adjudication of his children as children in need of assistance (CINA).  The father argues insufficient evidence was presented to support the CINA adjudication.  OPINION HOLDS: On our de novo review of the record, we find clear and convincing evidence was presented to support the adjudication of the children.

Case No. 20-0727:  In the Interest of R.H., Minor Child

Filed Jul 01, 2020

View Opinion No. 20-0727

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (3 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We conclude termination of the father’s rights is appropriate under Iowa law and consistent with the child’s best interest.

Case No. 17-1919:  Lawrence Larry McCoy v. State of Iowa

Filed Jun 17, 2020

View Opinion No. 17-1919

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by May, J.  Special Concurrence by Vaitheswaran, P.J.  (7 pages)

            Lawrence McCoy appeals the summary disposition of his second application for postconviction relief.  OPINION HOLDS: Iowa Code sections 822.3 and 822.8 (2010) required dismissal.  And no fact question precluded summary disposition.  SPECIAL CONCURRENCE ASSERTS: I would affirm the summary dismissal of McCoy’s postconviction-relief application, but I would find it unnecessary to address section 822.8, which presumes a timely filed application. 

Case No. 18-2232:  Natalie Kipp v. Douglas Sanford, M.D.

Filed Jun 17, 2020

View Opinion No. 18-2232

            Appeal from the Iowa District Court for Black Hawk County, Kellyann Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (17 pages)

 

            Natalie Kipp appeals the district court order granting Douglas Stanford a new trial under Iowa Rule of Civil Procedure 1.1004.   On appeal, Kipp first argues Stanford’s two objections during closing arguments and two motions for mistrial after plaintiff’s counsel’s closing argument and after rebuttal could not preserve his motion for new trial because defense counsel did not object at all during the rebuttal argument, and his motion for mistrial after the case was submitted to the jury was untimely because it was submitted after the jury had begun deliberating.  Second, Kipp argues the district court abused its discretion by granting Stanford’s motion for new trial.  OPINION HOLDS: Error was preserved.  Under the circumstances of this case and in view of the significant deference given to the district court, we cannot say the district court abused its discretion in determining plaintiff’s counsel’s statements were misconduct, and we cannot say the district court’s prejudice determination rested on clearly untenable or unreasonable grounds.  We affirm.

Case No. 19-0056:  State of Iowa v. Vance Archille Good

Filed Jun 17, 2020

View Opinion No. 19-0056

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J. (16 pages)

            Vance Archilee Good appeals from his conviction for first-degree murder, contending there is insufficient evidence of robbery, malice aforethought, or premeditation to support the conviction.  He also asserts the court abused its discretion in allowing a photograph of one of his tattoos to be viewed by the jury.  Finally, he maintains the court erred in allowing “backdoor hearsay.”  OPINION HOLDS: Because there is substantial evidence to support the conviction, the trial court did not abuse its discretion in admitting the photograph, and we are not persuaded that the so-called backdoor hearsay “undermined Good’s sole defense of self-defense” and denied him a fair trial, we affirm.

Case No. 19-0112:  State of Iowa v. Joseph Michael Quezada Sierra

Filed Jun 17, 2020

View Opinion No. 19-0112

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Doyle, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            Joseph Quezada Sierra challenges the imposition of a five-year prison sentence following his violation of the terms of his probation.  He argues it was improper for the court to consider his upcoming sentence in Nebraska when deciding probation was not appropriate here.  OPINION HOLDS: Because it is not improper for the sentencing court to consider the defendant’s ability to comply with terms of probation in determining whether to grant probation, Quezada Sierra has not shown the district court considered an improper factor.  We affirm.  

Case No. 19-0201:  State of Iowa v. Randall John Bielfelt

Filed Jun 17, 2020

View Opinion No. 19-0201

            Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

            Randall Bielfelt appeals his convictions of four counts of second-degree sexual abuse and four counts of third-degree sexual abuse, claiming his counsel rendered ineffective assistance in various respects.  OPINION HOLDS: Having concluded counsel was not ineffective as alleged, we affirm Bielfelt’s criminal convictions.

Case No. 19-0217:  State of Iowa v. Mary Ann Strickler

Filed Jun 17, 2020

View Opinion No. 19-0217

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, Judge. (8 pages)

            Mary Strickler appeals her conviction of conspiracy to commit theft.  She argues (1) insufficient evidence was presented in support of conviction; (2) the trial court erred in denying motions to dismiss; (3) the district court issued an errant jury instruction; (4) inadmissible hearsay evidence was admitted; and (5) the inadmissible hearsay evidence was also in violation of Strickler’s constitutional rights pursuant to both the United States and Iowa constitutions.  OPINION HOLDS: We find the evidence insufficient and reverse and remand to the district court for entry of judgment of acquittal.  We offer no opinion on any other issue raised on appeal.

Case No. 19-0404:  Morrissey v. Watts

Filed Jun 17, 2020

View Opinion No. 19-0404

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (6 pages)

            Tim Watts and International Workshop LLC appeal the district court order entering judgment in favor of Joseph Morrissey in the amount of $154,300 on his claim of fraudulent misrepresentation and omission.  OPINION HOLDS: Because sufficient evidence supports each of the elements required to prove actionable fraud, we affirm.

Case No. 19-0494:  State of Iowa v. Curtis Cortez Jones

Filed Jun 17, 2020

View Opinion No. 19-0494

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS.  Heard by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J. (19 pages)

            Curtis Jones appeals his conviction for first-degree murder following a trial where he represented himself.  He contends his waiver of counsel was not knowing, voluntary, and intelligent, and the State violated his right to an impartial jury under the Sixth Amendment.  OPINION HOLDS: Viewing the record in its totality, we find the district court’s inquiry of Jones was adequate to protect his trial rights.  But we remand his claim that the jury did not represent a fair cross section of the community for further development under new case law from our supreme court.

Case No. 19-0513:  Oz Spirits, LLC v. Swell Liquor, LLC

Filed Jun 17, 2020

View Opinion No. 19-0513

            Appeal from the Iowa District Court for Warren County, Paul R. Huscher, Judge.   AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Swell Liquor, LLC appeals the denial of its motion for sanctions and attorney fees.  OPINION HOLDS: We discern no abuse of discretion in the court’s refusal to find a violation of the rules and its refusal to impose sanctions or award attorney fees.

Case No. 19-0578:  State of Iowa v. Stephen Embree

Filed Jun 17, 2020

View Opinion No. 19-0578

            Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J. (6 pages)

            Stephen Embree appeals his conviction of sexual abuse in the second degree.  He argues there was no sexual purpose to his contact with the child.  The State argues sufficient evidence was presented to the jury regarding Embree’s sexual purpose.  OPINION HOLDS: On our review of the record, sufficient evidence was presented to support Embree’s conviction. 

Case No. 19-0785:  In re the Marriage of Serrano

Filed Jun 17, 2020

View Opinion No. 19-0785

            Appeal from the Iowa District Court for Polk County, Celine Gogerty, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J.  (17 pages)

            Emilio Serrano challenges several aspects of the decree dissolving his marriage to Trisha Peckosh.  He contests the grant of sole legal custody and physical care of their four children to Trisha.  Emilio also claims the district court should not have ordered him to pay child or spousal support.  And he contends the court failed to do equity in dividing the marital assets and in awarding attorney fees to Trisha.  OPINION HOLDS: Because the evidence demonstrates, the parties cannot be civil in making basic decisions, and Trisha’s established ability to care for the children, we affirm the award of custody to Trisha.  Next, because joint physical care is not appropriate, and Emilio is overwhelmed by supervising all four children at the same time, physical care of the children should remain with Trisha.  Also, because it is proper for the court to consider the therapist’s recommendation and the provision highlighted by Emilio contramands In re Marriage of Stephens, 810 N.W.2d 523, 531 n.3 (Iowa Ct. App. 2012), we remand for modification of the decree to strike the language making visitation contingent on the opinion of the therapist.  Next, because the district court properly used the child support guidelines in setting Emilio’s obligations, we affirm the child support order.  Also, because rehabilitative alimony achieves equity between the parties, we affirm the rehabilitative alimony for ten years.  Next, because we find the better mechanism to secure Emilio’s future performance is to impose a judicial or equitable lien on his real property, we remand for this modification of the decree.  Next, because find no error in the court’s valuations and we defer to the district court’s finding Emilio hid or depleted marital assets, we find the distribution of assets and debts to be equitable to both parties.  Also, because Emilio has greater ability to pay reasonable attorney fees, we affirm Trisha’s attorney fees claim.  Last, because of the disparity in incomes, as well as Trisha’s success in defending the major issues raised in Emilio’s appeal, we remand with instruction for the district court to determine a reasonable amount for the attorney fees on appeal.

Case No. 19-0794:  State of Iowa v. Calvon Desmond Miles

Filed Jun 17, 2020

View Opinion No. 19-0794

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Greer, J. (5 pages)

            Calvon Miles appeals from his convictions for willful injury causing bodily injury and carrying weapons.  Miles contends he received ineffective assistance from trial counsel when counsel failed to object to the marshalling instruction for willful injury causing bodily injury, which did not include all of the necessary elements.  OPINION HOLDS: Under these facts, Miles cannot establish he was prejudiced by counsel’s failure to object to the instruction.  Therefore, we affirm his convictions.  

Case No. 19-0823:  State of Iowa v. Randy Paul Hofer

Filed Jun 17, 2020

View Opinion No. 19-0823

            Appeal from the Iowa District Court for Polk County, Sarah E. Crane, Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Mahan, S.J.  Opinion by Schumacher, J.  (15 pages)

            Randy Hofer appeals from convictions and a restitution order that arose as a result of his unauthorized taking of a concrete mixing truck and the events that followed.  He argues the evidence is insufficient to support two of his convictions.  He also claims the trial court erred by refusing to give a jury instruction he requested and he takes issue with the court’s restitution award to the city of Des Moines.  OPINION HOLDS: The evidence is sufficient to support Hofer’s convictions for criminal mischief in the first degree and operating without owner’s consent, and it was not error for the district court to refuse to give the requested jury instruction.  The convictions are therefore affirmed.  We also affirm the restitution order, as we determine the restitution award to the city of Des Moines was supported by evidence in the record, was well within a reasonable range of the evidence, and was within the district court’s discretion.

Case No. 19-0842:  In the Interest of C.R., Minor Child

Filed Jun 17, 2020

View Opinion No. 19-0842

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            A mother appeals the court order terminating her parental rights to a child pursuant to Iowa Code section 600A.8(9) (2018).  She contends termination was not appropriate under section 600A.8(9) and was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 19-0863:  State of Iowa v. James Edward Brice

Filed Jun 17, 2020

View Opinion No. 19-0863

            Appeal from the Iowa District Court for Polk County, Richard B. Clogg, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  Dissent by Tabor, P.J.  (17 pages)

            James Brice appeals his conviction of indecent exposure.  He challenges the sufficiency of the evidence supporting his conviction and argues his trial counsel was ineffective in various respects.  OPINION HOLDS: We conclude Brice’s conviction is supported by substantial evidence and counsel was not ineffective as alleged.  We affirm Brice’s conviction of indecent exposure.  DISSENT ASSERTS: I would find substantial evidence does not support the verdict because the State did not produce sufficient evidence to satisfy the offensiveness element of the indecent exposure charge.

Case No. 19-0880:  State of Iowa v. Bree Deontez Wright

Filed Jun 17, 2020

View Opinion No. 19-0880

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

            Bree Wright pled guilty to third-degree sexual abuse.  On direct appeal, Wright contends that his trial counsel was ineffective in allowing him to plead guilty.  He claims his plea was not voluntary because he was not informed by the plea court of an element of the offense.  He also claims the record lacks a factual basis for the plea.  OPINION HOLDS: Because the record is insufficient to allow us to resolve Wright’s voluntariness claim, we preserve it for postconviction relief for a full development.  Because the record shows a factual basis for his plea, Wright has failed to establish his counsel was ineffective in this regard.

Case No. 19-0895:  Growth Unlimited Corp. v. K & B Tobacco and Jan Albert d/b/a K & B Tobacco

Filed Jun 17, 2020

View Opinion No. 19-0895

            Appeal from the Iowa District Court for Montgomery County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Growth Unlimited, an Iowa corporation marketing “skill-based amusement” games, challenges the result of its lawsuit against a Nebraska retailer that it installed one its machines.  Growth Unlimited first contests the district court’s treatment of future damages.  OPINION HOLDS: Because Growth Unlimited did not preserve that issue, we decline to reach it.  Growth Unlimited next challenges the attorney fee award.  Finding no abuse of discretion, we affirm the district court’s award.

Case No. 19-0940:  State of Iowa v. Dustin D. Gilliam

Filed Jun 17, 2020

View Opinion No. 19-0940

            Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (17 pages)

            Following a global resolution of a number of criminal offenses, Dustin Gilliam appeals from the district court’s sentencing order.  OPINION HOLDS: By granting a motion to amend a trial information in one of Gilliam’s cases, the district court consolidated multiple charges that arose from the same occurrence of criminal conduct.  We therefore reject Gilliam’s claim that he suffered prejudice by the court’s amendment of the trial information in the consolidated case.  We reject Gilliam’s ineffective-assistance-of-counsel claims.  We disagree with his contention that there was an insufficient factual basis to support two of his misdemeanor convictions, and we find Gilliam cannot prove he was prejudiced by his counsel’s conduct with respect to the remaining ineffective-assistance claim.  The convictions are affirmed.

Case No. 19-0954:  ZT Enterprises, Inc. v. Alan Pedersen

Filed Jun 17, 2020

View Opinion No. 19-0954

            Appeal from the Iowa District Court for Humboldt County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Alan Pedersen appeals the district court’s judgment on an open-account claim in favor of ZT Enterprises, Inc (ZT).  On appeal, Pedersen contends (1) the court’s findings were not supported by substantial evidence and (2) the district court abused its discretion in admitting an exhibit that may not have been provided in discovery.  OPINION HOLDS: We conclude the district court did not err in granting ZT judgment for $50,031.95, and we affirm the district court’s ruling on the exhibit.

Case No. 19-1257:  State of Iowa v. Roy Allen Doorenbos

Filed Jun 17, 2020

View Opinion No. 19-1257

            Appeal from the Iowa District Court for Poweshiek County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (23 pages)

            The State charged Roy Doorenbos with one count of sexual abuse in the third degree and two counts of assault with intent to commit sexual abuse.  A jury acquitted him on the sexual abuse count but convicted him of assault with intent and the lesser-included offense of simple-misdemeanor assault.  He appeals the two convictions, alleging inconsistent verdicts.  He also contends his trial was unfair because the court did not permit him to view his accuser’s mental-health records, declined to strike two jurors for cause, and granted the State’s motion to amend the dates in the trial information.  Finally, Doorenbos asks to be resentenced.  OPINION HOLDS: Because it was possible for Doorenbos to commit two assaults on two different days, but not commit sexual abuse on a later date, the jury’s verdicts were not inconsistent.  Next, the court properly denied his request for access to M.A.’s therapy records.  And the court properly declined to strike two jurors for cause.  Also, we find no error in the amendment of the trial information.  Last, because we discern no reliance on improper factors, the district court did not abuse its discretion in sentencing Doorenbos.

Case No. 19-1305:  Jameson Matthew Landon v. Desirea Isabel Meyer, k/n/a Desirea Isabel Tritz

Filed Jun 17, 2020

View Opinion No. 19-1305

            Appeal from the Iowa District Court for Harrison County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  Dissent by Greer, J.  (10 pages)

            Desirea Tritz appeals from a ruling denying her application to modify child custody.  She contends there has been a material change of circumstances warranting a change to the shared-cared arrangement currently in place for the child she shares with Jameson Landon.  OPINION HOLDS: After our de novo review of the record, we agree with the trial court’s conclusion there has been no showing of a material change of circumstances such as would allow the modification of child custody.  DISSENT ASSERTS:  I respectfully dissent.  I believe the mother has shown a material change in circumstances.  For that reason, I would reverse the district court order and grant physical care to the mother.

Case No. 19-1379:  State of Iowa v. Oscar Villafana-Ray

Filed Jun 17, 2020

View Opinion No. 19-1379

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J. (6 pages)

            Oscar Villafana-Ray was convicted of possession of a controlled substance.  On appeal, he argues that the district court erred in denying his motion to suppress.  OPINION HOLDS: The district court appropriately denied the motion.  So we affirm Villafana-Ray’s conviction.

Case No. 19-1385:  State of Iowa v. Jacob Phillip Schwab

Filed Jun 17, 2020

View Opinion No. 19-1385

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (7 pages)

            Jacob Schwab appeals two conditions imposed as part of his sentence for controlled-substance and assault convictions.  He claims the court improperly relied on unproven allegations in the victim impact statement in imposing a residential facility stay requirement and failed to make required findings to impose a domestic-abuse program condition.  OPINION HOLDS: We affirm the residential facility requirement and remand for the district court to enter an order nunc pro tunc to correct the written sentencing order to correspond with the sentence pronounced at the hearing.

Case No. 19-1408:  Andrew Duyvejonck v. Debra Clydesdale

Filed Jun 17, 2020

View Opinion No. 19-1408

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (12 pages)

            Andrew Duyvejonck appeals the district court’s summary judgment ruling concluding a statement allegedly made by Debra Clydesdale about Duyvejonck was an expression of opinion and not defamation per se.  OPINION HOLDS: Given the circumstances and context in which the alleged statement was made, we agree with the district court that the statement made by Clydesdale constituted protected non-actionable opinion speech.  Thus, Duyvejonck cannot establish a prima facie case of defamation and his claim fails as a matter of law.  So we affirm the district court’s ruling granting summary judgment for Clydesdale.

Case No. 19-1611:  Fidel Taylor v. Gazette Communications, Inc. d/b/a Color Web Printers, Inc.

Filed Jun 17, 2020

View Opinion No. 19-1611

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (12 pages)

            A worker was placed with a printing company by way of a labor broker.  After suffering an injury at the printing company while operating a machine, the worker brought a negligence claim against the printing company.  The district court granted the printing company’s motion for summary judgment, citing an exculpatory provision in the contract between the worker and the printing company.  OPINION HOLDS: The exculpatory provision is valid and enforceable, and therefore the plaintiff’s negligence suit is barred.  We reject the plaintiff’s arguments that either unsafe conditions at the printing company or the agreement between the printing company and the labor broker undermined the exculpatory provision.  The grant of summary judgment is affirmed.

Case No. 19-1947:  In re the Marriage of Reed

Filed Jun 17, 2020

View Opinion No. 19-1947

            Appeal from the Iowa District Court for Humboldt County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (8 pages)

            Susan Reed sought to modify the custody provisions of the dissolution decree awarding shared care.  Susan requested the court order she have physical care of her and Andrew Reed’s younger child and modify the child support award accordingly.  While the district court adjusted Andrew’s child support obligation, which he does not appeal, it disagreed with Susan’s custody request.  The court declined to award Susan attorney fees.  OPINION HOLDS: We affirm the district court order on Susan’s modification petition.  We decline to award Susan trial attorney fees and we deny both parties’ requests for appellate attorney fees.  We assess the costs of this appeal to Susan.

Case No. 19-1979:  Benjamin John Kerr v. Tessla Kae Calvert

Filed Jun 17, 2020

View Opinion No. 19-1979

            Appeal from the Iowa District Court for Marshall County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (5 pages)

            Benjamin Kerr appeals from a district court ruling denying his petition to modify the physical care provisions of the parties’ custody decree.  OPINION HOLDS: To warrant modification, Kerr must show a substantial change in circumstances that was not in contemplation by the court at the time of the custody decree and that he can provide superior care to the child.  He has failed to make such a showing and we therefore affirm the district court ruling.

Case No. 19-1998:  In re the Marriage of Dunaway

Filed Jun 17, 2020

View Opinion No. 19-1998

            Appeal from the Iowa District Court for Scott County, John Telleen, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (6 pages)

            Megan Dunaway appeals the grant of Kevin Dunaway’s motion to enforce a settlement agreement in a modification proceeding.  OPINION HOLDS: We affirm the district court order granting Kenneth’s motion to enforce settlement.  We deny Megan’s request for attorney fees.  We remand the matter to the district court for development of a record and the district court’s determination of Kenneth’s appellate attorney fee award, if any.

Case No. 19-2143:  In the Interest of N.K. and E.K., Minor Children

Filed Jun 17, 2020

View Opinion No. 19-2143

            Appeal from the Iowa District Court for Benton County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            A mother appeals the termination of her parental rights to her two children.  She challenges the sufficiency of the evidence supporting the grounds for termination cited by the juvenile court, argues termination is contrary to the children’s best interests given the parent-child bonds, and maintains she should be allowed additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 20-0006:  In the Interest of B.G., Minor Child

Filed Jun 17, 2020

View Opinion No. 20-0006

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            The mother appeals the juvenile court order terminating her parental rights to the child in this private termination action.  OPINION HOLDS: We agree with the juvenile court that the father established abandonment by clear and convincing evidence and termination is in the child’s best interest.

Case No. 20-0049:  In re the Marriage of Meyer

Filed Jun 17, 2020

View Opinion No. 20-0049

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            Matthew Meyer appeals the district court decision awarding the mother, Carrie Meyer, physical care of their one child.Alternatively, Matthew argues that if Carrie is granted physical care, the child’s best interests require affording him additional visitation.Matthew also requests that Carrie pay the costs of the appeal. OPINION HOLDS: We agree with the district court that the minor child should be in the mother’s physical care.We modify the court’s ruling on visitation to accommodate Matthew’s request for every other weekend visitation in or near the vicinity where the child resides and to offer Matthew the extended Memorial Day and Labor Day weekends. The parties shall split equally the costs of the appeal.We affirm as modified.

Case No. 20-0314:  In the Interest of A.J., Minor Child

Filed Jun 17, 2020

View Opinion No. 20-0314

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Schumacher, 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. The State provided reasonable efforts to return the child to the mother’s care.  II. The child’s best interests are served by terminating both the mother’s and the father’s parental rights.

Case No. 20-0426:  In the Interest of N.W., Minor Child

Filed Jun 17, 2020

View Opinion No. 20-0426

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (11 pages)

            A father and mother separately appeal the termination of their parental rights to one child.  The father does not contest any of the grounds for termination, but claims it is a due process violation under the United States and Iowa Constitution to require him to file the petition on appeal prior to receiving and reviewing the transcript of the termination hearing; DHS did not make reasonable efforts toward reunification; and the court should have granted him an extension of time to reunify with the child.  The mother claims the State failed to prove grounds for termination and DHS failed to make reasonable efforts toward reunification.  OPINION HOLDS: We find all of the parents’ arguments without merit and affirm.

Case No. 20-0471:  In the Interest of C.B., Z.B., and Z.B., Minor Children

Filed Jun 17, 2020

View Opinion No. 20-0471

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            A mother and father separately appeal the termination of their parental rights to three children.  OPINION HOLDS: We affirm the termination of parental rights to the children.

Case No. 20-0566:  In the Interest of D.A., D.A., and D.F., Minor Children

Filed Jun 17, 2020

View Opinion No. 20-0566

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS: We conclude there is clear and convincing evidence in the record to show the children could not be safely returned to the mother’s care and her parental rights were properly terminated.  We find the services provided to the mother were reasonable under the facts of the case.  We determine termination of the mother’s parental rights is in the children’s best interests and none of the exceptions to termination should be applied.  We affirm the juvenile court.

Case No. 20-0577:  In the Interest of A.W., Minor Child

Filed Jun 17, 2020

View Opinion No. 20-0577

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A father appeals the termination of his parental rights to a three-year-old son.  He challenges the statutory grounds for termination and asks for a delay in permanency.  He also argues termination is not in the child’s best interests.  OPINION HOLDS: We find the State proved a statutory ground for termination.  And we find termination is in the child’s best interests.  We affirm. 

Case No. 20-0582:  In the Interest of Z.P., Minor Child

Filed Jun 17, 2020

View Opinion No. 20-0582

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            The father appeals the termination of his parental rights to his child, Z.P., born in late 2016.  The father challenges the statutory ground for termination and argues the loss of his rights is not in Z.P.’s best interests.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

Case No. 20-0592:  In the Interest of H.B. and K.B., Minor Children

Filed Jun 17, 2020

View Opinion No. 20-0592

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            Parents separately appeal the termination of their parental rights to their two children pursuant to Iowa Code section 232.116(1)(h) (2019).  Both parents challenge the sufficiency of the evidence supporting the statutory ground for termination cited by the juvenile court, argue termination is contrary to the children’s best interests, and maintain the court should have applied the exception to termination contained in Iowa Code section 232.116(3)(c).  OPINION HOLDS: We affirm the termination of both parents’ parental rights.

Case No. 20-0603:  In the Interest of C.F. and D.B., Minor Children

Filed Jun 17, 2020

View Opinion No. 20-0603

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

            The mother appeals the termination of her parental rights to her children.  She raises three issues: (1) whether termination is in the best interest of the children; (2) whether the juvenile court erred by admitting into evidence exhibits alleged to be untimely filed or, alternatively, not granting the mother’s request for a continuance; and (3) whether the juvenile court abused its discretion by admitting into evidence exhibits that were deemed timely because the juvenile court held the record open.  OPINION HOLDS: We find termination is in the best interest of the children, and the mother waived the remaining issues by failing to adequately argue them in her filings with this court.

Case No. 20-0625:  In the Interest of A.F., Minor Child

Filed Jun 17, 2020

View Opinion No. 20-0625

No. 20-0625   IN RE A.F.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            A father appeals the termination of his parental rights to his child.  He contends the State failed to prove the grounds for termination cited by the juvenile court, the court should have granted him additional time to work toward reunification, the department of human services failed to make reasonable efforts toward reunification, and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the father’s parental rights. 

Case No. 20-0626:  In the Interest of J.C., K.C., and K.C., Minor Children

Filed Jun 17, 2020

View Opinion No. 20-0626

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A father appeals the termination of his parental rights to his three children.  OPINION HOLDS: Because the father made little if any progress in his ability to safely care for the children and termination is in their best interests, we affirm.

Case No. 20-0664:  In the Interest of M.E., Minor Child

Filed Jun 17, 2020

View Opinion No. 20-0664

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            The father appeals the termination of his parental rights to his child, M.E., born in 2016.  He challenges the statutory ground for termination pursuant to Iowa Code section 232.116(1)(b) (2019).  Additionally, as an incarcerated parent who was unable to participate by telephone on the first day of the termination hearing, the father challenges the process that was afforded him regarding the day he was unable to participate.  OPINION HOLDS: We cannot find a due process violation here.  Our record is silent as to facts underlying the complaint the father now makes, and the father never raised this issue with the juvenile court.  We affirm the termination of the father’s parental rights under paragraph (h) of section 232.116(1). 

Case No. 17-0729:  State of Iowa v. Khamfay Lovan

Filed Jun 03, 2020

View Opinion No. 17-0729

            Appeal from the Iowa District Court for Polk County, Mary Pat Gunderson and David M. Porter, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  May, J., takes no part.  Opinion by Schumacher, J.  (14 pages).

            Khamfay Lovan appeals his convictions for possession of methamphetamine with intent to deliver and possession of a firearm by a felon.  OPINION HOLDS: Lovan was not denied his right to a speedy trial.  We conclude the district court properly denied Lovan’s motion to suppress.  Lovan has not shown he received ineffective assistance of counsel.  We affirm Lovan’s convictions.

Case No. 18-1277:  John E. Morrow v. Dan Kehret, June Kehret, and Victoria Kehret

Filed Jun 03, 2020

View Opinion No. 18-1277

            Appeal from the Iowa District Court for Page County, Richard H. Davidson, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Plaintiff appeals the district court’s rulings on several issues in his defamation action.  OPINION HOLDS: We affirm on the motion to compel, the motion in limine, and the partial directed verdict at the close of plaintiff’s case.  We find plaintiff’s arguments concerning whether certain statements were protected by a qualified privilege to be irrelevant, as the jury must have found defendants met their burden to prove the affirmative defense of truth.  For this same reason, the court did not err by granting a directed verdict on statements made to a third party who repeated the statements to others.

Case No. 18-1522:  State of Iowa v. Laron D'Pree Hampton

Filed Jun 03, 2020

View Opinion No. 18-1522

            Appeal from the Iowa District Court for Mills County, Timothy O’Grady, Judge.  JUDGMENT OF CONVICTIONS AFFIRMED, and SENTENCES AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J. (15 pages)

            A defendant appeals his conviction on three counts of second-degree sexual abuse. OPINION HOLDS: The defendant did not receive ineffective assistance of counsel.  We reverse only the determinations as to restitution, which should be calculated in accordance with Iowa Supreme Court precedent.

Case No. 18-1537:  Dee v. Burgett

Filed Jun 03, 2020

View Opinion No. 18-1537

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (20 pages)

            Plaintiffs appeal the district court decision granting a directed verdict to defendant on their claims of fraud, breach of fiduciary duty, breach of contract, and promissory estoppel.  OPINION HOLDS: The district court found there was sufficient evidence to present a claim of breach of fiduciary duty to the jury except for the element of damages.  There was sufficient evidence of damages as to some of the plaintiffs, and the court erred by granting a directed verdict on breach of fiduciary duty as to them.  We reverse and remand on this issue.  We affirm the evidentiary ruling of the trial court as to a proceeds model.  For the other claims—breach of contract, promissory estoppel, and fraud—the court did not err in granting a directed verdict.  We affirm the district court on these claims.

 

Case No. 18-1553:  Bela Animal Legal Defense and Rescue v. City of Des Moines, Des Moines City Council, Christine Hensley, Chris Coleman, Skip Moore, Linda Westergaard, Bill Gray, and T.M. Franklin Cownie

Filed Jun 03, 2020

View Opinion No. 18-1553

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Douglas F. Staskal, and Jeanie Vaudt, Judges.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (5 pages)

                A municipality and several officials appeal following a district court ruling determining their motion for summary judgment to be moot, arguing the district court erred in granting the appellee additional time to respond to their motion for summary judgment, and claiming the court should have ruled on the motion.  OPINION HOLDS: We find no remaining justiciable controversy and dismiss the appeal as moot.

Case No. 18-1729:  State of Iowa v. Michael G. Gerken

Filed Jun 03, 2020

View Opinion No. 18-1729

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  JUDGMENT OF CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Mullins, J., and Potterfield, S.J.  Gamble, S.J., takes no part.  Opinion by Vaitheswaran, P.J. (10 pages)

            Michael Gerken appeals his convictions of first-degree theft and ongoing criminal conduct, contending (1) the evidence was insufficient to support the jury’s findings of guilt, (2) the district court abused its discretion “in allowing the State to reopen the record to provide additional evidence on essential elements of ongoing criminal conduct,” (3) his trial attorney was ineffective in “handling the jury instructions for both offenses,” and (4) the district court erred in ordering “an unknown amount of attorney fees.”  OPINION HOLDS: We affirm Gerken’s convictions, and we vacate the provision in the order of disposition requiring Gerken to make restitution and remand for further proceedings. 

Case No. 18-1809:  State of Iowa v. Safet Velic

Filed Jun 03, 2020

View Opinion No. 18-1809

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (5 pages)

            Safet Velic appeals his convictions for burglary and domestic abuse assault causing bodily injury.  Velic contends the district court should have excluded some testimony from the trial as hearsay.  OPINION HOLDS: We find the testimony was properly admitted under the excited-utterance exception to the rule against hearsay and affirm.

Case No. 18-2194:  Roger James Cheshire v. State of Iowa

Filed Jun 03, 2020

View Opinion No. 18-2194

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Roger Cheshire appeals the district court decision denying his application for postconviction relief.  OPINION HOLDS:  We conclude Cheshire has not shown he was prejudiced by defense counsel’s performance.  We find the district court properly rejected Cheshire’s claim of ineffective assistance of defense counsel.  We do not address Cheshire’s claim of ineffective assistance of postconviction counsel.

Case No. 19-0129:  City of Ottumwa v. Larry D. Clabaugh

Filed Jun 03, 2020

View Opinion No. 19-0129

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers and Gregory G. Milani, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            Larry Clabaugh owns residential property in Ottumwa.  The city alleges he used that property to store junk motor vehicles—violating zoning ordinances.  At trial, the district court denied Clabaugh’s last minute motion for continuance and advised Clabaugh that the court would enter a default judgment if he left the courtroom.  Clabaugh left trial despite the court’s remarks.  He now appeals the court’s denial of a continuance and entry of default judgment.  OPINION HOLDS: The record does not support Clabaugh’s contention that the continuance was necessary to prevent injustice.  And the city had a right to timely enforcement of its ordinances.  And, because both parties agreed that Clabaugh was a vital witness, defense counsel anticipated his client faced default if he left the courtroom.  The district court properly entered default under Iowa Rule of Civil Procedure 1.971(3).  

Case No. 19-0148:  State of Iowa v. Michael Wedgwood

Filed Jun 03, 2020

View Opinion No. 19-0148

            Appeal from the Iowa District Court for Black Hawk County, Joel E. Dalrymple, Judge.  CONVICTIONS AFFIRMED, SENTENCE VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J. (8 pages)

            Michael Wedgwood appeals his conviction and sentence for assault on a peace officer and interference with official acts resulting in bodily injury.  OPINION HOLDS: The district court did not err in submitting jury instructions without language on justification because the record contains no basis to conclude Michael used reasonable force in response to the officers’ actions.  However, the court did not evaluate Michael’s reasonable ability to pay before ordering restitution.  We affirm his convictions, vacate the restitution order, and remand for resentencing.

Case No. 19-0220:  Winters v. Christen

Filed Jun 03, 2020

View Opinion No. 19-0220

            Appeal from the Iowa District Court for Allamakee County, Margaret L. Lingreen, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (5 pages)

            Appellants appeal an order granting summary judgment in a quite-title action.  OPINION HOLDS: We affirm the order granting summary judgment in favor of the appellees. 

Case No. 19-0276:  State of Iowa v. Keyshaun Vaughn Jones

Filed Jun 03, 2020

View Opinion No. 19-0276

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Tabor, P.J. (10 pages)

            Keyshaun Jones appeals his conviction for perjury, asserting the district court erred in admitting hearsay evidence and his trial counsel was ineffective in failing to object to impermissible vouching testimony from a police witness.  OPINION HOLDS: Because the evidence fits the hearsay exception for statements against interest, the court did not err.  We also find the disputed testimony was permissible because it did not vouch for a witness at trial and did not comment on credibility.  Rather, it described how Jones’s deposition testimony contradicted facts from the police investigation and Jones’s previous statements to police.  Thus, we affirm. 

Case No. 19-0278:  State of Iowa v. Tristin Alderman

Filed Jun 03, 2020

View Opinion No. 19-0278

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  CONVICTIONS AFFIRMED; SENTENCE VACATED IN PART AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (28 pages)

            Tristin Alderman appeals from his convictions of first-degree murder, first-degree robbery, and conspiracy to commit first-degree burglary.  Alderman (1) maintains the trial court abused its discretion in twice granting the motion to continue of Alderman’s co-defendant; (2) contests several evidentiary rulings of the court; (3) challenges the sufficiency of the evidence supporting his convictions; (4) argues the court impermissibly sentenced him to consecutive terms of incarceration and considered improper factors when doing so; and (5) challenges the portion of the court’s sentencing order requiring Alderman to pay attorney fees and court costs as part of restitution.  OPINION HOLDS: Finding no reversible error, we affirm Alderman’s convictions.  We vacate the portions of the sentencing order requiring Alderman to pay court costs and attorney fees and remand for determination of Alderman’s reasonable ability to pay, but we otherwise affirm Alderman’s sentences.

Case No. 19-0295:  State of Iowa v. Timothy M. Fontenot

Filed Jun 03, 2020

View Opinion No. 19-0295

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Bower, C.J., Mullins, J., and Scott, S.J.  Opinion by Scott, S.J. (7 pages)

           

            Timothy Fontenot appeals his convictions on two counts of indecent contact with a child, claiming the district court erred in admitting hearsay evidence contained in a video of a forensic interview of his victim.  OPINION HOLDS: We conclude the bulk of the forensic interview video was properly admitted as non-hearsay prior consistent statements and Fontenot suffered no prejudice from the admission of the inconsistent statements contained in the video of the interview.  As such, we affirm Fontenot’s dual convictions of indecent contact with a child. 

Case No. 19-0314:  State of Iowa v. Thomas Allen Bibler

Filed Jun 03, 2020

View Opinion No. 19-0314

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (9 pages)

            Thomas Bibler appeals his conviction for second-degree murder.  He claims his involuntary intoxication provides him a complete defense to the crime.  OPINION HOLDS: Iowa Code section 701.5 (2016) defining the intoxication defense does not differentiate between voluntary or involuntary intoxication.  And section 701.5 only negates specific intent; it does not provide a complete defense.

Case No. 19-0320:  State of Iowa v. Dawarn Lamar Moncrief

Filed Jun 03, 2020

View Opinion No. 19-0320

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            Dawarn Lamar Moncrief appeals his convictions for possession with intent to deliver methamphetamine, possession of contraband, and failure to possess a tax stamp.  His appeal is based solely on a claim of ineffective assistance of his trial counsel for failing to take pre-trial depositions of the State’s witnesses and failing to sufficiently cross-examine the State’s witnesses at trial.  OPINION HOLDS: We find the record inadequate to address these ineffective-assistance-of-counsel claims on direct appeal.  We preserve them for possible postconviction-relief proceedings and affirm the convictions.

Case No. 19-0324:  State of Iowa v. Christopher Anthony Holton

Filed Jun 03, 2020

View Opinion No. 19-0324

            Appeal from the Iowa District Court for Woodbury County, Todd A. Hensley, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (5 pages)

            Christopher Holton appeals his conviction and sentence for operating while under the influence, third offense.  Holton contends the district court erred in not sentencing him in accordance with the plea agreement or affording him a chance to withdraw his plea.  Holton also claims his counsel provided ineffective assistance.  OPINION HOLDS: We find the court failed to either sentence Holton as provided in the plea agreement or reject the agreement and provide him the opportunity to withdraw from the plea.  We reverse and remand for further proceedings.

Case No. 19-0399:  Linda Hovden, Individually and Linda Hovden Revocable Trust v. Dwaine Lemke and Cherly Lemke

Filed Jun 03, 2020

View Opinion No. 19-0399

            Appeal from the Iowa District Court for Winneshiek County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (9 pages)

            Linda Hovden appeals from a district court order denying her relief related to the purchase of her home.  She appeals the district court’s decisions related to alleged violations of Iowa Code chapter 558A (2017) and trial attorney fees.  Dwaine and Cheryl Lemke (Lemkes) request attorney fees on appeal.  OPINION HOLDS: On our review, we find substantial evidence supported the findings of the district court.  We affirm the dismissal of Hovden’s claims the Lemkes violated chapter 558A.  Because we affirm the district court’s decision on the merits, we also affirm its decision to deny Hovden’s claim for trial attorney fees.  We deny the Lemkes’ request for appellate attorney fees. 

Case No. 19-0482:  State of Iowa v. Zackery Rigel

Filed Jun 03, 2020

View Opinion No. 19-0482

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

                Zackery Rigel appeals the sentencing requirement that he register as a sex offender following resentencing on remand.  OPINION HOLDS: We affirm the re-imposition of the requirement that Rigel register as a sex offender.

Case No. 19-0495:  In re the Marriage of Schmidt

Filed Jun 03, 2020

View Opinion No. 19-0495

            Appeal from the Iowa District Court for Palo Alto County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            James Schmidt appeals from the decree of separate maintenance entered by the district court with regard to his marriage to Beverly Schmidt.  James contends the district court should have (1) dissolved the marriage, (2) characterized certain “financial benefits . . . from his mother” as separate inherited or gifted property; (3) awarded less alimony; and (4) not ordered him to pay attorney and guardian ad litem fees.  OPINION HOLDS: We affirm the decree of separate maintenance entered by the court.

Case No. 19-0520:  State of Iowa v. Monroe County District Court (Magistrate Division)

Filed Jun 03, 2020

View Opinion No. 19-0520

            Appeal from the Iowa District Court for Monroe County, Gregory Milani, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (6 pages)

            Steven Dees appeals the entry of writ of certiorari in favor of the State, which set aside an order granting Dees’s motion for return of seized property.  OPINION HOLDS: Because Dees’s failure to tag a deer within fifteen minutes supports the State’s confiscation of the deer’s cape and antlers, we affirm.

Case No. 19-0569:  Vadim Igorevich Shultsev v. State of Iowa

Filed Jun 03, 2020

View Opinion No. 19-0569

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  SENTENCE VACATED IN PART AND REMANDED FOR DETERMINATION OF RESTITUTION.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (7 pages)

            Vadim Shultsev appeals the sentence imposed after he pled guilty to the charge of operating a motor vehicle while barred, in violation of Iowa Code sections 321.560 and 321.561 (2018).  Shultsev argues the court failed to state adequate reasons for the sentence imposed on the record.  He also challenges the restitution ordered by the district court at sentencing.  OPINION HOLDS: Because we find no abuse of discretion by the district court with the sentencing term, we affirm the sentencing decision.  We vacate the restitution order and remand for further proceedings to determine Shultsev’s reasonable ability to pay.

Case No. 19-0681:  Cathy Kula, Charlene Knutsen, Mavis Engler, Denise Kula and David Kula v. Leanna Manternach and Daniel Kula

Filed Jun 03, 2020

View Opinion No. 19-0681

            Appeal from the Iowa District Court for Jones County, Chad Kepros, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (5 pages)

            The appellants appeal the dismissal of their petition requesting Doris Kula’s attorneys-in-fact provide a complete accounting.  OPINION HOLDS: We affirm the district court’s dismissal of the petition.

Case No. 19-0699:  State of Iowa v. Charles L. Cain

Filed Jun 03, 2020

View Opinion No. 19-0699

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  CONVICTIONS AFFIRMED IN PART AND REVERSED IN PART, SENTENCES VACATED, AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (17 pages)

            Charles L. Cain Jr. appeals from convictions for conspiracy to deliver methamphetamine while in possession of a firearm, possession of methamphetamine with intent to deliver while possessing a firearm, and failure to possess a drug tax stamp.  He challenges the sufficiency and weight of evidence supporting his convictions and also contends the court abused its discretion in ruling on the admissibility of evidence.  OPINION HOLDS: There is not substantial evidence supporting a conviction for conspiracy, and we reverse that conviction.  The evidence allows an inference that Cain was aware of and had the ability to control the drugs in the immediate vicinity of the passenger seat, and we affirm the conviction for possession with intent to deliver.  The conviction for failing to possess a drug tax stamp is reversed as the weight of the drugs associated with Cain falls below the statutory threshold.  Because we reverse the convictions for conspiracy and failure to affix a drug tax stamp, we vacate the sentences imposed and remand for resentencing.

Case No. 19-0811:  Roman Moncivaiz v. State of Iowa

Filed Jun 03, 2020

View Opinion No. 19-0811

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

            Roman Moncivaiz appeals the denial of his application for postconviction relief.  OPINION HOLDS: We agree that Moncivaiz failed to show his trial or appellate counsel were ineffective in representing him.  Nor can he show he was prejudiced by the cumulative effect of any errors.  And we cannot resolve his new claim that postconviction counsel was ineffective on the record before us on appeal.

Case No. 19-0827:  Samantha Jo Fink v. Kevin William Brady

Filed Jun 03, 2020

View Opinion No. 19-0827

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Scott, S.J.  Opinion by Ahlers, J.  (6 pages)

            Kevin Brady appeals the district court’s decision not to grant an extraordinary visitation credit when it modified the parties’ custody and support decree.  OPINION HOLDS: The record supports a finding that Kevin has been awarded 130 to 146 days of overnight visitation per year.  Therefore, he is entitled to a fifteen percent extraordinary visitation credit.  The amount of Kevin’s child support obligation is modified accordingly, and all other terms of the district court’s order are affirmed.

Case No. 19-0839:  State of Iowa v. Sullivan Pierre Smith-Berry

Filed Jun 03, 2020

View Opinion No. 19-0839

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  CONVICTIONS REVERSED IN PART, SENTENCES VACATED, AND REMANDED WITH INSTRUCTIONS.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Bower, C.J. (9 pages)

            Sullivan Pierre Smith-Berry appeals his convictions for sexual assault and three counts of robbery in the first degree, asserting his conduct constituted only one act of robbery—not three—and his trial counsel was ineffective by failing to challenge the sufficiency of the evidence on two additional counts of robbery.  Smith-Berry also argues the district court lacked statutory authority to require him to complete sex-offender assessment and treatment after imposing a sentence of incarceration for his sexual-assault conviction, and he asks to be resentenced on his robbery convictions pursuant to the recently enacted Iowa Code section 902.12(3) and 901.11(3) (2019).  OPINION HOLDS: We reverse two robbery convictions, vacate the sentences, and remand for resentencing.

Case No. 19-0843:  State of Iowa v. Robert Paul Mahoney

Filed Jun 03, 2020

View Opinion No. 19-0843

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (13 pages)

            After starting a fire in his apartment, Mahoney appeals his convictions of first-degree arson and involuntary manslaughter.  He argues there was insufficient evidence for both convictions.  OPINION HOLDS:  We find sufficient evidence and affirm both convictions.

Case No. 19-0947:  State of Iowa v. Marissa Marie Johnson

Filed Jun 03, 2020

View Opinion No. 19-0947

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (10 pages)

           

            Marissa Johnson challenges her conviction for attempted second-degree burglary, arguing there was insufficient evidence of specific intent, her counsel was ineffective by failing to request the burglary marshaling instruction include the entering alternative, and her counsel was ineffective by failing to object to hearsay or request a limiting instruction.  OPINION HOLDS: We find sufficient evidence of specific intent to support Johnson’s conviction, Johnson has failed to show deficient performance or prejudice based on her counsel’s failure to request the entering alternative, and the hearsay statements fell under the present sense impression exception to the hearsay rule and her counsel did not breach an essential duty by failing to object.  We affirm her conviction.

Case No. 19-0961:  In re the Marriage of Aldama

Filed Jun 03, 2020

View Opinion No. 19-0961

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

            Erendira Aldama appeals the district court’s denial of her petition to modify the decree dissolving her marriage to Christopher Aldama.  OPINION HOLDS: On our de novo review of the record, we conclude the district court acted equitably in denying Erendira’s petition to modify the physical care or visitation provisions of the dissolution decree. 

Case No. 19-0984:  In the Interest of J.T.,

Filed Jun 03, 2020

View Opinion No. 19-0984

            Appeal from the Iowa District Court for Montgomery County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (7 pages)

 

            J.T. appeals his delinquency adjudication for an act constituting third-degree sexual abuse.  He argues (1) his constitutional rights were violated when he and the public were excluded from the hearing during the alleged victim’s testimony and (2) there was insufficient evidence to support the delinquency finding.  OPINION HOLDS: We find error was not preserved on the exclusion claim.  And we find sufficient evidence supports the adjudication.

Case No. 19-0988:  Monue Forkpayea Geimah v. State of Iowa

Filed Jun 03, 2020

View Opinion No. 19-0988

            Appeal from the Iowa District Court for Poweshiek County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (13 pages)

            Monue Forkpayea Geimah appeals the denial of his application for postconviction relief (PCR).  He maintains plea counsel was ineffective in failing to advise him of the immigration consequences of pleading guilty to theft in January 2017.  OPINION HOLDS: On our de novo review, we conclude plea counsel did not inform Geimah “of all the adverse immigration consequences that competent counsel would uncover,” but Geimah failed to prove he would not have pleaded guilty had he been adequately advised.

Case No. 19-1001:  Angela Marie Clark v. Darryl Lee Downs and Jennifer D. Downs

Filed Jun 03, 2020

View Opinion No. 19-1001

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (18 pages)

            Angela Clark brought suit against her neighbors, Darryl and Jennifer Downs, for trespass and harassment.  Clark had some success at trial, but she appeals the jury verdict, claiming that the district court made several errors during the trial.  Clark asserts the trespass instruction should have required the jury to award damages because of the admission of trespass, the court erred by not instructing on spoliation of photographic evidence, the court abused its discretion by failing to grant a permanent injunction prohibiting trespassing, and, finally, the court erred by denying the motion for additur or new trial based on an inadequate verdict.  OPINION HOLDS: Under the specific facts of this case, we find any error in the instructions was harmless, the instruction on spoliation was not warranted, the district court did not abuse its discretion by failing to grant a permanent injunction prohibiting trespassing, and, finally, the court properly denied the motion for additur or new trial.

Case No. 19-1021:  Sydney Bowlin v. William Cody Swim

Filed Jun 03, 2020

View Opinion No. 19-1021

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (20 pages)

            William Cody Swim (Cody) appeals the district court’s custody ruling placing his and Sydney Bowlin’s child in Bowlin’s sole legal custody, among other things.  OPINION HOLDS: Upon our de novo review of the entire record and considering the relevant law, we conclude the district court did not err or abuse its discretion in admitting the custody evaluator’s report into evidence.  In any event, because our review is de novo and consideration of the report is unnecessary to reach the issues present here, we do not consider the report in our decision.  On the issues over sole legal custody, we reject Cody’s challenge to the sole custody award for lack of adequate notice, and we agree with the court that Cody’s actions show joint legal custody was not a viable option here.  Additionally, upon our review, we cannot say the district court abused its discretion in finding Cody willfully and wantonly disregarded its prior ruling that ordered Cody to pay an amount of Sydney’s attorney fees by a certain date.  Finally, we cannot find the district court abused its discretion in awarding Sydney trial attorney fees.  For all of these reasons, we affirm the district court’s custody ruling in all respects.  We decline to award appeallate attorney fees.  Any costs on appeal are assessed equally to the parties.

Case No. 19-1042:  Acterra Group, Inc. v. Kick Group Technologies (USA) Inc.

Filed Jun 03, 2020

View Opinion No. 19-1042

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (6 pages)

            Acterra Group, Inc., (Acterra) appeals a district court order dismissing its petition for lack of personal jurisdiction.  Acterra argues the district court improperly raised the personal jurisdiction issue sua sponte and that the contract’s forum selection clause was not exclusive.  OPINION HOLDS: Although district courts have the power to dismiss claims sua sponte, that limited power does not extend to issues outside the contemplation of the parties.  Because there is no record the parties ever raised the issue of personal jurisdiction before the court, we reverse the dismissal and remand to the district court for further proceedings. 

Case No. 19-1056:  State of Iowa v. Noelle Diane Cosby

Filed Jun 03, 2020

View Opinion No. 19-1056

            Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Cosby appeals a five-year sentence imposed by the district court for the charge of involuntary manslaughter.  She was driving her vehicle while under the influence.  She lost control of her vehicle and got into an accident.  Her husband was a passenger of the vehicle and he died as a result of his injuries.  On appeal, Cosby contends incarceration was not appropriate because she accepted responsibility for her actions.  OPINION HOLDS: Because the court’s consideration of deterrence falls within its mandate to impose a sentence that “protect[s] . . . the community from further offenses by the defendant and others” we find the district court’s rejection of more lenient sentencing options is not an abuse of its discretion.

Case No. 19-1086:  State of Iowa v. Jason Dale Charlet

Filed Jun 03, 2020

View Opinion No. 19-1086

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Jason Charlet appeals his plea of guilty to eluding and operating a motor vehicle while intoxicated, third offense, contending that (1) his plea was not knowing and intelligent and (2) his attorney was ineffective in “fail[ing] to fully discuss the consequences of a plea and available defenses.”  OPINION HOLDS: Because Charlet’s guilty plea was knowing, voluntary, and intelligent, and because counsel did not breach an essential duty in conferring with Charlet about the plea, we affirm.

Case No. 19-1119:  State of Iowa v. Joshua Leon Begle

Filed Jun 03, 2020

View Opinion No. 19-1119

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J. (8 pages)

            Joshua Begle challenges the sentence imposed following his guilty plea.  Begle claims his case should be remanded for resentencing because the court improperly considered his parole eligibility, abused its discretion by imposing a consecutive rather than concurrent sentence, and did not state sufficient reasons for the sentence on the record.  OPINION HOLDS: We find all of Begle’s claims without merit and affirm his sentence. 

Case No. 19-1136:  In re the Marriage of Moreland

Filed Jun 03, 2020

View Opinion No. 19-1136

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The wife filed an application seeking to set aside the parties’ decree of dissolution of marriage on the basis that it was procured by extrinsic fraud.  The district court denied her application to set aside the decree, finding she failed to prove the existence of extrinsic fraud.  OPINION HOLDS: The district court’s findings are supported by substantial evidence.  We agree with the district court that the wife failed to meet the burden of proving extrinsic fraud by clear and convincing evidence. 

Case No. 19-1145:  Alejandro Lira v. State of Iowa

Filed Jun 03, 2020

View Opinion No. 19-1145

            Appeal from the Iowa District Court for Clinton County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (6 pages)

            Alejandro Lira appeals the denial of his application for postconviction relief.  OPINION HOLDS: We find counsel was not ineffective as alleged and conclude Lira failed to meet his burden to establish a violation of the fair cross-section requirement.  As such, we affirm the denial of Lira’s application for postconviction relief.

Case No. 19-1177:  In the Interest of O.R., Minor Child

Filed Jun 03, 2020

View Opinion No. 19-1177

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to one of her children.  She contends (1) the record lacks clear and convincing evidence to support termination under Iowa Code section 232.116(1)(d) (2019); (2) the department of human services failed to make reasonable efforts to reunify her with her child; and (3) “the juvenile court erred in denying [her] motion to bifurcate the roles of [the child’s] attorney and [guardian ad litem].”  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 19-1184:  State of Iowa v. Eddie Delong

Filed Jun 03, 2020

View Opinion No. 19-1184

            Appeal from the Iowa District Court for Cherokee County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Gamble, S.J.  Opinion by Tabor, P.J. (7 pages)

           

            An offender appeals the order imposing restitution for reimbursement of the Crime Victim Assistance Program and for court-appointed attorney fees, contending the court failed to consider his financial resources in finding he is able to pay.  OPINION HOLDS: Because the court appropriately considered the relevant factors in determining whether the imposition of restitution would cause hardship to DeLong, he failed to meet his burden to prove an abuse of discretion.  We affirm. 

Case No. 19-1194:  In the Interest of B.G., Minor Child

Filed Jun 03, 2020

View Opinion No. 19-1194

            Appeal from the Iowa District Court for Keokuk County, Daniel Kitchen, District Associate Judge.  REVErSED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (4 pages)

            A father appeals the dismissal of his petition to terminate his parental rights.  OPINION HOLDS: Because the court did not provide the father with notice prior to dismissing the petition, we reverse and remand for further proceedings.

Case No. 19-1390:  State of Iowa v. Salvador Cruz, Jr.

Filed Jun 03, 2020

View Opinion No. 19-1309

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Salvador Cruz Jr. appeals the sentence entered by the district court following his convictions of possession of methamphetamine, failure to possess a tax stamp, and going armed with a concealed weapon, arguing the district court should have merged “the convictions for failure to possess a tax stamp and possession of a controlled substance.”  OPINION HOLDS: We discern no error in the district court’s refusal to merge the two offenses.   

Case No. 19-1419:  Spencer Allen Brink v. Caricia Lanise Andrews

Filed Jun 03, 2020

View Opinion No. 19-1419

            Appeal from the Iowa District Court for Johnson County, Mitchell E. Turner, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Doyle and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Caricia Andrews appeals the district court’s entry of a default decree modifying physical care of the parties’ child.  OPINION HOLDS: We conclude modification of the Illinois agreement to afford Spencer Brink physical care of the child was in the child’s best interests.     

Case No. 19-1429:  State of Iowa v. Bryan Jeffrey Stone

Filed Jun 03, 2020

View Opinion No. 19-1429