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2021 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

Case No. 19-1334:  State of Iowa v. James Obbie Hall

Filed Dec 15, 2021

View Opinion No. 19-1334

            Appeal from the Iowa District Court for Linn County, Angie M. Johnston, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            James Hall appeals from his convictions for carrying or transporting a pistol or revolver in a vehicle, possession of a controlled substance, and possession of drug paraphernalia.  He claims he received ineffective assistance of counsel and the district court erred in denying his motion for judgment of acquittal because his conviction for carrying or transporting a pistol or revolver in a vehicle was not supported by sufficient evidence.  OPINION HOLDS: We cannot consider Hall’s ineffective-assistance claim on direct appeal.  Because Hall’s conviction for carrying or transporting a pistol or revolver is supported by sufficient evidence, the district court did not err in denying the motion for judgment of acquittal.

Case No. 19-1609:  State of Iowa v. Cody James Altimus

Filed Dec 15, 2021

View Opinion No. 19-1609

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (3 pages)

            Cody Altimus appeals his conviction for animal abuse.  OPINION HOLDS: Because Altimus has not established good cause to appeal from his guilty plea, and because we have no authority to consider his ineffective-assistance-of-counsel claims on appeal, we dismiss his appeal.

Case No. 19-2006:  Mark Benson d/b/a Benson Border Materials v. Boyle Built Enterprises, L.L.C. and Andrew Boyle

Filed Dec 15, 2021

View Opinion No. 19-2006

            Appeal from the Iowa District Court for Van Buren County, Crystal S. Cronk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by May, P.J., and Greer and Schumacher, JJ.  (26 pages)

            The parties to a contract for the sale of a railroad tie removal business appeal and cross-appeal from a district court ruling.  OPINION HOLDS: I. Finding no error in the district court’s determination on the contract breach, we affirm.  We find under the oral amendments, Benson should be awarded $5000, representing payment for the used high-rail gear.  We remand for modification of the judgment in Benson’s favor on appeal.  II. We find no error in the district court’s dismissal of the defendants’ counterclaim and affirm on cross-appeal.

Case No. 19-2076:  Carla Rosenbaum v. Shawn Chevchuc

Filed Dec 15, 2021

View Opinion No. 19-2076

            Appeal from the Iowa District Court for Chickasaw County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            Shawn Chevchuc appeals the district court’s denial of his application for contempt.  OPINION HOLDS: Several of Chevchuc’s claims are not preserved for appellate review.  With respect to his preserved claims, we conclude the district court did not abuse its discretion in denying the application for contempt.  We conclude the court did not abuse its discretion by not disqualifying opposing counsel for a conflict of interest.  And we agree with the district court that it cannot impose sanctions on counsel for purported ethics violations.

Case No. 20-0169:  State of Iowa v. Joseph David Peterson

Filed Dec 15, 2021

View Opinion No. 20-0169

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            Joseph Peterson appeals his convictions on two counts of sexual abuse in the second degree.  OPINION HOLDS: We find there is substantial evidence in the record to support the jury’s verdict.  His claims of ineffective assistance of counsel may not be raised in this direct appeal.  We affirm Peterson’s convictions.

Case No. 20-0362:  Nathan Paul Valin v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 20-0362

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

            Nathan Valin appeals the district court decision denying his request for postconviction relief (PCR).  Valin claimed he was entitled to a new trial because he was improperly stopped by an Iowa Department of Transportation (DOT) motor vehicle enforcement officer who did not have authority to stop vehicles or make arrests for violations of traffic regulations.  OPINION HOLDS: We find State v. Werner, 919 N.W.2d 375 (Iowa 2018) does not apply retroactively because the opinion clarified a procedural rule, rather than substantive.  We affirm the decision of the district court.

Case No. 20-0370:  State of Iowa v. Theodore W. Buselmeier

Filed Dec 15, 2021

View Opinion No. 20-0370

            Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford, District Associate Judge, and Lucy Gamon, Judge.  AFFIRMED.  Heard by Greer, P.J., and Badding, J., and Carr, S.J.  Opinion by Badding, J.  (17 pages)

            Theodore Buselmeier appeals his convictions for possession of a controlled substance and possession of drug paraphernalia.  He claims the district court erred in (1) denying his motion to suppress that challenged whether reasonable suspicion existed for the investigative stop; (2) admitting evidence about his vehicle and drug evidence seized from the vehicle; (3) finding sufficient evidence supported his convictions; and (4) refusing to give the jury his requested instruction on constructive possession.  OPINION HOLDS: We find (1) reasonable suspicion existed for the initial investigative stop of Buselmeier and continued while the officer diligently pursued the mission of the stop; (2) Buselmeier did not preserve error on his claim that evidence was improperly admitted at trial; (3) substantial evidence supported the verdict; and (4) no error in the trial court’s refusal to give the requested jury instruction.

Case No. 20-0429:  State of Iowa v. Jorge Perez-Castillo

Filed Dec 15, 2021

View Opinion No. 20-0429

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

            Jorge Perez-Castillo appeals the summary dismissal of his second application for postconviction relief.  OPNION HOLDS: The record establishes Perez-Castillo’s actual-innocence claim is not based on newly discovered evidence that could not have been discovered within the three-year time frame.  Without newly discovered evidence, Perez-Castillo’s actual-innocence claim fails as untimely.  Without an actual-innocence claim, his illegal sentence claim fails as well.  His PCR action was therefore time-barred by Iowa Code section 822.3 (2016).

Case No. 20-0479:  Dan Dorris v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 20-0479

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (8 pages)

            Dan Dorris appeals the denial of his second application for postconviction relief.  OPINION HOLDS: I. Dorris’s claims are not timely under the exception set forth in Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), because he failed to promptly file his second postconviction action after the first concluded.  II. The statutory requirement of a reported hearing does not apply to a hearing on motions, and Dorris has not shown he was prejudiced by his counsel’s failure to demand formal reporting.  III. Dorris fails to show how the outcome of the proceeding would have differed if counsel had provided a more thorough explanation in his application for scientific testing as is statutorily required.

Case No. 20-0551:  Thomas Ray Davis v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 20-0551

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            Thomas Ray Davis appeals the dismissal of his third application for postconviction relief.  OPINION HOLDS: Davis’s application was not timely, and we affirm.

Case No. 20-0610:  Eddie Hicks v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 20-0610

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (15 pages)

            Eddie Hicks appeals the summary disposition of his postconviction-relief (PCR) application.  OPINION HOLDS: The district court did not err in granting summary judgment on Hicks’s claims of a Brady violation and ineffective assistance of counsel, nor did it err in denying his motion to amend his application.  Additionally, Hicks’s PCR counsel was not ineffective.

Case No. 20-0850:  Michael Roach v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 20-0850

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (8 pages)

            Michael Roach challenges the denial of his application for postconviction relief following his conviction of first-degree robbery and second-degree murder.  Roach believes that a 2018 supreme court ruling, Schmidt v. State, 909 N.W.2d 778 (Iowa 2018), and the 2017-enacted “stand your ground” law, Iowa Code section 704.13, combine to create a new legal ground to claim actual innocence that was not available to him during the three-year statute of limitations for his PCR claims.  OPINION HOLDS: As Iowa Code section 704.13 is not retroactive, it cannot work with the Schmidt holding to create a new legal ground.  No other issues were preserved for our review.  We affirm the denial of the PCR application.

Case No. 20-1259:  Randy Mitchell Copenhaver v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 20-1259

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

            Randy Copenhaver appeals the denial of his application for postconviction relief claiming trial counsel was ineffective for failing to move for dismissal due to a speedy-trial violation.  OPINION HOLDS: Copenhaver waived his right to speedy trial before the deadline passed.  So counsel was not ineffective for failing to move for dismissal based on a speedy-trial violation.

Case No. 20-1295:  Michael Alexander Lajeunesse v. The Iowa Board of Medicine

Filed Dec 15, 2021

View Opinion No. 20-1295

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (5 pages)

            Michael Lajeunesse petitioned for writ of mandamus, asking the district court to compel the Iowa Board of Medicine (Board) to take action.  Lajeunesse failed to serve the Board with the original notice, so district court dismissed Lajeunesse’s case for lack of prosecution.  On appeal, Lajeunesse raises a number of issues not germane to the dismissal of his case.  OPINION HOLDS: Under this record, Lajeunesse did not establish good cause for his failure to serve the Board within ninety days of petitioning for writ of mandamus.  We affirm the dismissal of Lajeunesse’s case.

Case No. 20-1361:  State of Iowa v. Rodney Jackson

Filed Dec 15, 2021

View Opinion No. 20-1361

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J. (5 pages)

            Rodney Jackson appeals the denial of his application for postconviction relief.  Jackson claims on appeal that his counsel was ineffective for failing to adequately prepare for trial and that this failure prejudiced him.  OPINION HOLDS: Because Jackson has not proven the alleged failing was prejudicial, his claim of ineffective assistance cannot stand.  We affirm the district court’s dismissal of his application. 

Case No. 20-1507:  State of Iowa v. Iowa District Court for Jasper County

Filed Dec 15, 2021

View Opinion No. 20-1507

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  WRIT SUSTAINED, ORDER VACATED, AND CASE REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (6 pages)

            On certiorari, the State challenges the legality of a district court ruling in a postconviction-relief proceeding, granting relief following a prison disciplinary decision.  OPINION HOLDS: We conclude Iowa Code chapter 822 (2020) was not the proper vehicle to challenge the decision.  As such, we sustain the writ of certiorari and vacate the district court’s order granting relief.  We remand the matter to the district court to enter an order effectuating this opinion. 

Case No. 20-1516:  Trina Ward v. Unity Healthcare a/k/a UnityPoint HealthTrinity Muscatine; Prasad Nadkarni, M.D.; Suneel Parvathareddy, M.D., Ramesh Kumar, M.D., Manasi Nadkarni, M.D.

Filed Dec 15, 2021

View Opinion No. 20-1516

            Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II and Stuart P. Werling, Judges.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J.  (13 pages)

            Trina Ward appeals district court orders granting motions to strike and summary judgment in favor of defendants Unity Health Care and four doctors.  OPINION HOLDS: On our review of the record, we find nothing clearly unreasonable or untenable with the district court’s orders granting the motions to strike.  No qualified expert witnesses remained to testify on Ward’s behalf.  Viewing all of the remaining evidence in the light most favorable to the nonmoving party, insufficient evidence was presented to prove a prima facie case of medical malpractice.  Finally, because no prima facie case of medical malpractice was made, the vicarious-liability claim must also fail.

Case No. 20-1526:  In re Marriage of Brown

Filed Dec 15, 2021

View Opinion No. 20-1526

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer J., and Blane, S.J.  Opinion by Greer, J.  (9 pages)

            Susan Brown appeals from the decree dissolving her marriage to Matthew Brown.  Susan limits her challenge to the spousal-support award, which she argues is insufficient.  Susan asked for $2100 per month for life, while Matthew proposed $750 per month for a term of five years.  The district court awarded Susan $900 per month of traditional alimony, which is to continue until she dies or remarries.  OPINION HOLDS: We find the district court’s determination of the spousal support equitable after considering all factors including the length of marriage, property division, and the earning ability of these parties.  We affirm the district court.

Case No. 20-1529:  Joseph H. Wright v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 20-1529

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            Joseph Wright appeals the summary dismissal of his third application for postconviction relief.  OPINION HOLDS: Wright previously challenged the lack of preliminary hearing in his second postconviction action and may not relitigate the issue.  As for his claim of actual innocence, it is undisputed the facts were known and available to him within the limitations period.  We affirm the summary dismissal of the application.

Case No. 20-1536:  Krystal May Hunter v. The Iowa District Court for Polk County

Filed Dec 15, 2021

View Opinion No. 20-1536

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  WRIT SUSTAINED, ORDER VACATED, AND CASE REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (8 pages)

            On certiorari, Krystal Hunter challenges the legality of a district court ruling finding her in contempt and awarding attorney fees to the opposing party, Matthew Howe.  Matthew requests an award of appellate attorney fees.  OPINION HOLDS: Being unable to agree with the district court that substantial evidence supports a finding that Krystal’s actions amounted to willful disobedience of the order of protection, we vacate the finding of contempt, the sentence imposed, and the award of attorney fees in favor of Matthew.  We remand for the entry of a district court order effectuating this opinion.  Matthew’s request for appellate attorney fees is denied.

Case No. 20-1540:  Julie Ann Fischer v. Sioux City Community School District and Board of Directors, Ronald Colling, Jackie Warnstadt, Miyuki Nelson, and Dr. Michael McTaggart II

Filed Dec 15, 2021

View Opinion No. 20-1540

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (18 pages)

            Julie Fischer appeals the district court’s affirmation of the Sioux City Community School Board’s (the Board) termination of her teaching contract.  OPINION HOLDS: We conclude (1) the Board’s decision to terminate was supported by a preponderance of competent evidence, (2) the Board’s decision was not tainted by prejudicial errors of law, (3) the Board was not obligated to impose a lesser sanction, and (4) the First Amendment did not preclude termination.  We affirm.

Case No. 20-1573:  Megan Lansing v. Jeremy Meyer

Filed Dec 15, 2021

View Opinion No. 20-1573

            Appeal from the Iowa District Court for Winneshiek County, Alan Heavens, Judge.  AFFIRMED AS MODIFIED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (6 pages)

            Jeremy Meyer appeals a district court order establishing custody and physical care of the parties’ child.  OPINION HOLDS: We affirm the grant of physical care to Megan Lansing.  We modify Jeremy’s visitation to permit him to use his summer visitation during other times of the year.

Case No. 20-1667:  Kevin Jacob Muehlenthaler v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 20-1667

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (6 pages)

            Kevin Muehlenthaler was convicted on three counts of sexual exploitation by a school employee.  In postconviction-relief proceedings, the district court ordered a new trial, finding that Muehlenthaler’s criminal trial counsel was ineffective.  The State appeals.  OPINION HOLDS: Muehlenthaler cannot show he was prejudiced by counsel’s errors, if any.  So we reverse and remand. 

Case No. 20-1700:  Bethany Lutheran Health Services v. Patricia Cumpston

Filed Dec 15, 2021

View Opinion No. 20-1700

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Patricia Cumpston appeals from the order finding her responsible for the outstanding balance owed to Bethany Lutheran Health Services for care provided to her late husband.  OPINION HOLDS: Cumpston failed to preserve her argument that Iowa Code section 597.14 (2018) was not properly before the court.  Even if she did, the district court did not abuse its discretion in impliedly permitting Bethany Lutheran’s post-trial amendment asserting a section 597.14 claim, as Cumpston suffered no prejudice or surprise.  Further, Bethany Lutheran’s charges were for reasonable and necessary expenses of the family for which Cumpston was responsible.  Finally, Cumpston failed to prove Bethany Lutheran owed her a fiduciary duty in applying for Medicaid.

Case No. 20-1738:  Krystal Foster v. East Penn Manufacturing Co., Inc., and Sentinel Insurance Co.

Filed Dec 15, 2021

View Opinion No. 20-1738

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J. and Carr, S.J.  Opinion by Greer, J.  (16 pages)

            Defendant-employer East Penn Manufacturing Company, Inc. and their insurer appeal from the decision of the worker’s compensation commissioner requiring them to pay penalty benefits for an unreasonable delay in payment of temporary total disability benefits to an injured employee and denying credit for voluntary past payment.  OPINION HOLDS: There is substantial evidence in the record when viewed as a whole to support the payment of penalty benefits and to not allow a credit for past voluntary permanent partial disability payments.  We affirm the commissioner’s decision. 

Case No. 21-0014:  Dolly Investments, LLC v. MMG Sioux City, LLC, Dale Maxfield, and Maxfield Management Group, LLC

Filed Dec 15, 2021

View Opinion No. 21-0014

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (10 pages)

            Dolly Investments, LLC (Dolly) appeals a district court ruling determining it breached its lease with MMG Sioux City, LLC.  OPINION HOLDS: Dolly’s repudiation claim is not preserved for our review.  The district court correctly determined Dolly materially breached the lease first.

Case No. 21-0017:  Angela Jackson, as surviving spouse of Max Jackson v. Bridgestone Americas Tire Operations, LLC and Old Republic Insurance Company

Filed Dec 15, 2021

View Opinion No. 21-0017

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J.  (10 pages)

            Angela Jackson, as surviving spouse of Max Jackson, appeals the district court’s ruling on judicial review affirming the denial of workers’ compensation death benefits on her claim Max sustained a mental injury in the course of his employment with Bridgestone Americas Tires Operations, LLC, resulting in his suicide.  She essentially argues the agency and district court erred in finding she failed to meet her burden on the issues of factual and legal causation.  OPINION HOLDS: We agree with the agency and district court that Angela failed to meet her burden on the issues of factual and legal causation thus resulting in the denial of death benefits.  As such, we affirm the district court’s decision on judicial review.

Case No. 21-0056:  State of Iowa v. Trevon J. Lucas

Filed Dec 15, 2021

View Opinion No. 21-0056

            Appeal from the Iowa District Court for Clinton County, Henry Latham and Mark R. Lawson, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (5 pages)

            Trevon J. Lucas appeals his sexual assault convictions, arguing the State’s evidence was insufficient to support his conviction.  OPINION HOLDS: Because inconsistencies did not render key witness’s testimony a nullity, the State’s evidence was sufficient for conviction.  We affirm.

Case No. 21-0067:  Danna Braaksma v. Board of Directors of the Sibley-Ocheyedan Community School District

Filed Dec 15, 2021

View Opinion No. 21-0067

            Appeal from the Iowa District Court for Osceola County, Nancy L. Whittenburg, Judge.  REVERSED.  Heard by Greer, P.J., and Badding, J., and Potterfield, S.J.  Opinion by Greer, P.J.  (14 pages)

            In the middle of the 2019–2020 school year, the Board of Directors (Board) of the Sibley-Ocheyedan Community School District (District) voted to terminate the teaching contract of long-time teacher Danna Braaksma.  Braaksma asked for judicial review, and the district court upheld the Board’s decision.  Now, Braaksma challenges the termination on appeal.  She argues (1) the Board’s termination of her contract violated the Board’s own policies and the teaching contract itself; (2) the termination of her teaching contract violated Iowa law because she was not allowed to complete an intensive assistance program as provided by statute; and (3) the four reasons the Board gave for ending her contract are not supported by a preponderance of the competent evidence in the record.  OPINION HOLDS: The District was required to offer Braaksma an intensive assistance program once it determined she was failing to meet the statutory teaching standards.  But it ultimately discharged her contract because of deficient performance without offering the program in adherence with contractual, statutory, and policy provisions, so the discharge was improper under Iowa Code section 284.8 (2019).  As a result, we reverse the Board’s decision terminating Braaksma’s contract and reinstate Braaksma to her former position according to the terms of her contract.

Case No. 21-0101:  State of Iowa v. Mychael Richard Patten

Filed Dec 15, 2021

View Opinion No. 21-0101

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Mychael Patten appeals his sentences, asserting the State breached the plea agreement.  OPINION HOLDS: The court considered the big picture in sentencing Patten to incarceration.  We cannot find the prosecutor explicitly or implicitly disapproved of the State’s recommendation of a suspended sentence, and we reject Patten’s claim the State breached the plea agreement.

Case No. 21-0220:  Detmer v. La'James College of Hairstyling, Inc.

Filed Dec 15, 2021

View Opinion No. 21-0220

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Greer, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (19 pages)

            The defendants, who we collectively refer to as La’James, appeal the district court ruling certifying the class of current and former students who allege La’James is liable for unfair and deceptive practices under the Iowa Consumer Fraud Act, fraudulent misrepresentation, negligent misrepresentation, fraudulent concealment, and breach of contract.  La’James maintains the district court abused its discretion in certifying the class, arguing the district court “failed to adequately consider the predominance factor in fraud cases and did not apply or address the applicable law.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the district court’s decision to certify the class of plaintiffs as to all five counts. 

Case No. 21-0300:  In the Interest of B.L., Minor Child

Filed Dec 15, 2021

View Opinion No. 21-0300

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Heard by Greer, P.J., Badding, J., and Carr, S.J.  Opinion by Greer, P.J.  (12 pages)

            B.L. appeals the district court’s ruling that Iowa Code sections 232.147 and 232.150 (2020), which require his delinquency records to become public for at least two years, are constitutional.  The district court determined that, as the statutes were not punitive, they could not constitute cruel and unusual punishment.  OPINION HOLDS: The statutes are neither intended to be punitive nor so punitive in nature as to overcome their intent.  We affirm the district court’s ruling that they are constitutional. 

Case No. 21-0320:  La Posada Group LLC v. Pottawattamie County Board of Review

Filed Dec 15, 2021

View Opinion No. 21-0320

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J.  (25 pages)

            La Posada Group LLC appeals the district court order affirming the Pottawattamie County Board of Review’s tax assessment of commercial real estate.  La Posada argues the district court erred in determining it could not consider valuation evidence outside the sales-comparison approach to value and ultimately affirming the assessment.  OPINION HOLDS: We affirm the district court’s affirmation of the assessment. 

Case No. 21-0376:  In the Interest of D.Y. and V.B., Minor Children

Filed Dec 15, 2021

View Opinion No. 21-0376

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights in a private termination action.  OPINION HOLDS: We find clear and convincing evidence supports the grounds for termination and termination is in the children’s best interests.  We affirm.

Case No. 21-0386:  Daniel Joseph Poole v. State of Iowa

Filed Dec 15, 2021

View Opinion No. 21-0386

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (3 pages)

            Daniel Poole appeals the grant of summary judgment dismissing his postconviction-relief action.  OPINION HOLDS: Because a hearing was not required, the district court did not err by failing to hold one.

Case No. 21-0468:  In re the Marriage of Lehman

Filed Dec 15, 2021

View Opinion No. 21-0468

            Appeal from the Iowa District Court for Hamilton County, John R. Flynn, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (12 pages)

            A mother appeals the modification of the physical care provision of the dissolution decree regarding her ten-year-old daughter.  She argues the father did not show he could offer better care.  OPINION HOLDS: The father established he could offer better care.  We affirm. 

Case No. 21-0721:  State of Iowa v. Eric Gganah Freeman Jr.

Filed Dec 15, 2021

View Opinion No. 21-0721

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            Eric Freeman Jr. appeals the sentence imposed upon his conviction of possession of marijuana with intent to deliver.  He argues the district court abused its discretion in denying his request for a deferred judgment.  OPINION HOLDS: On our review, we are unable to conclude the court exercised its discretion on untenable grounds or to an extent clearly unreasonable, and we affirm the sentence imposed.

Case No. 21-1221:  In the Interest of O.W., Minor Child

Filed Dec 15, 2021

View Opinion No. 21-1221

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother appeals the termination of her parental rights, contending the court should have granted her additional time to reunify with her child and termination is not in the child’s best interests.  OPINION HOLDS: The mother’s request for delayed appeal is granted.  An additional extension is not warranted, and termination of the mother’s parental rights is affirmed.

Case No. 21-1280:  In the Interest of A.M. and K.M., Minor Children

Filed Dec 15, 2021

View Opinion No. 21-1280

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

            Following termination of their son’s parental rights, paternal grandparents who intervened in the child-in-need-of-assistance (CINA) proceedings appeal the district court decision closing the CINA case after the minor children were adopted by the maternal grandmother.  OPINON HOLDS: We find the court properly closed the CINA proceedings.  The paternal grandparents were not entitled to notice of the adoption proceedings.  Therefore, the failure to provide them with notice is not a reason to keep the CINA proceedings open.  We affirm the decision of the district court.

Case No. 21-1296:  In the Interest of M.C. and Z.C., Minor Children

Filed Dec 15, 2021

View Opinion No. 21-1296

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The statutory grounds authorizing termination are satisfied.  And termination is in the children’s best interests.

Case No. 21-1308:  In the Interest of H.L., Minor Child

Filed Dec 15, 2021

View Opinion No. 21-1308

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (8 pages)

            The mother appeals from the termination of her parental rights.  The mother argues that the State did not make reasonable efforts toward reunification and that the juvenile court did not consider potential exceptions to termination.  OPINION HOLDS: The mother did not bring her concerns about services offered to the court’s attention until her termination hearing.  The exceptions she points to do not overcome the need for termination.  We affirm the termination of the mother’s parental rights. 

Case No. 21-1345:  In the Interest of E.R. and H.R., Minor Children

Filed Dec 15, 2021

View Opinion No. 21-1345

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            A father appeals the order denying his request to modify placement of his two children and overruling his application for rule to show cause against the children’s grandparents, who were appointed guardians under Iowa Code chapter 232D (2021).  OPINION HOLDS: Because we find the father failed to show that placement in his custody was in the children’s best interests, we affirm the denial of his request to modify the permanency order.  We also find the juvenile court acted within its discretion in deciding not to hold the grandparents in contempt for violating the visitation schedule and thus affirm. 

Case No. 21-1357:  In the Interest of T.M., Minor Child

Filed Dec 15, 2021

View Opinion No. 21-1357

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            The State appeals the juvenile court’s modification of a permanency order to place a child with her maternal aunt instead of in foster care.  OPINION HOLDS: After reviewing the record de novo, we find the juvenile court’s decision was in the best interests of the child.  We accordingly affirm.

Case No. 21-1366:  In the Interest of A.W., Minor Child

Filed Dec 15, 2021

View Opinion No. 21-1366

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because the child could not be returned to the mother’s care at the time of the termination hearing, termination is appropriate under Iowa Code section 232.116(1)(h) (2021).  The mother failed to preserve a challenge to the State’s reasonable efforts to return the child to her care, and there is no basis for finding that granting the mother more time would eliminate the need for the child’s removal.  Because termination is in the child’s best interest, we affirm.

Case No. 21-1399:  In the Interest of H.G., F.G., and P.G., Minor Children

Filed Dec 15, 2021

View Opinion No. 21-1399

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (5 pages)

            A mother and father separately appeal the termination of their parental rights to three children.  OPINION HOLDS: Because the State proved the statutory grounds for termination and termination was in the children’s best interests, we affirm on both appeals. 

Case No. 21-1433:  In the Interest of B.A.

Filed Dec 15, 2021

View Opinion No. 21-1433

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother appeals the termination of her parental rights as to her young son.  OPINION HOLDS: The statutory requirements for termination were satisfied, and termination is in the child’s best interests due to unresolved substance-abuse and mental-health concerns.

Case No. 19-1230:  State of Iowa v. Charles Lamine Cephas

Filed Nov 23, 2021

View Opinion No. 19-1230

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            Charles Cephas challenges his guilty plea to an amended charge of operating while intoxicated, second offense.  OPINION HOLDS: Cephas failed to file a motion in arrest of judgment following his guilty plea.  Accordingly, Cephas cannot establish good cause to appeal his plea.  Furthermore, we cannot consider his appeal as an ineffective-assistance-of-counsel claim.

Case No. 19-1537:  State of Iowa v. Eric Miles Bailey

Filed Nov 23, 2021

View Opinion No. 19-1537

            Appeal from the Iowa District Court for Linn County, Nancy A. Baumgartner, Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (4 pages)

Following guilty pleas, Eric Bailey appeals the denials of his motions to dismiss in four criminal cases, arguing his due process rights were violated because no preliminary hearings were held.  OPINION HOLDS: Because the law is well settled on this issue and contrary to Bailey’s claim, we agree with the State that Bailey has not established good cause to appeal following his guilty pleas.  See Iowa Code § 814.6(1)(a)(3) (Supp. 2019).  We dismiss the appeal for lack of jurisdiction.

Case No. 19-1953:  State of Iowa v. Deshauna Monee Culpepper

Filed Nov 23, 2021

View Opinion No. 19-1953

            Appeal from the Iowa District Court for Black Hawk County, Brook K. Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            DeShauna Culpepper appeals her convictions for possession of marijuana and assault of a peace officer.  OPINION HOLDS: Culpepper did not preserve error on her claim concerning the sufficiency of the evidence to support her conviction for assault on a peace officer.  She is unable to raise her claims of ineffective assistance of counsel in this direct appeal.  We affirm the trial court.

Case No. 20-0011:  David Paul Douglass v. State of Iowa

Filed Nov 23, 2021

View Opinion No. 20-0011

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (7 pages)

            David Douglass challenges the denial of his application for postconviction relief (PCR) following his conviction for assault with intent to commit sexual abuse.  Douglass maintains he received ineffective assistance from trial counsel in a number of ways.  OPINION HOLDS: Under the record presented here, Douglass’s trial counsel performed within the standard of a reasonably competent attorney.  See State v. Coleman, 907 N.W.2d 124, 141 (Iowa 2018).  And because Douglass failed to show his trial counsel performed deficiently, we need not reach the prejudice prong.  We affirm the denial of the PCR application without further consideration. 

Case No. 20-0697:  Zaw v. Birusingh

Filed Nov 23, 2021

View Opinion No. 20-0697

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  REVERSED AND REMANDED FOR NEW TRIAL.  Heard by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (45 pages)

            Dr. Kevin Birusingh and his employer, The Iowa Clinic, appeal from the judgment entered against them in a medical negligence case with claims of lack of informed consent and negligent communication.  They appeal the denial of their motion for judgment notwithstanding verdict or, alternatively, their motion for new trial.  The plaintiff, Zaw Zaw, asks that we affirm.  Third-party defendant, LANGUAGEtech, Inc., asks that it be excluded from any new trial because a jury already found it was zero percent at fault.  OPINION HOLDS: Because the negligent-communication claim should not have made it to the jury, we reverse the judgment against Dr. Birusingh and The Iowa Clinic.  Zaw’s informed-consent claim remains viable, so we remand for new trial with all the parties on that claim. 

Case No. 20-0760:  State of Iowa v. Brian Lynn Guill

Filed Nov 23, 2021

View Opinion No. 20-0760

            Appeal from the Iowa District Court for Appanoose County, Gregory G. Milani, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (6 pages)

            Brian Lynn Guill pleaded guilty to burglary in the second degree.  He seeks to set aside his plea.  OPINION HOLDS: Because he did not move in arrest of judgment, Guill cannot show “good cause” to appeal.  Thus we lack authority to consider this case and dismiss.

Case No. 20-0761:  Shawn Shelton v. The Trust Created by the Joint Trust Agreement of Larry E. Shelton and Katherine Shelton, Mary Joleen Pavelka, Jan Marie Gwinn, and Ann Jetora Mueller f/k/a Jetora Ann Mueller

Filed Nov 23, 2021

View Opinion No. 20-0761

            Appeals from the Iowa District Court for Polk County, Jeffrey Farrell and Robert B. Hanson, Judges.  FIRST APPEAL AFFIRMED; SECOND APPEAL DISMISSED AS MOOT.  Considered by Tabor, P.J., and Greer and Badding, JJ.  May, J., takes no part.  Opinion by Tabor, P.J.  (12 pages)

            In these consolidated appeals, Shawn Shelton, the son of the trust settlors challenges the grant of summary judgment to his sisters, the trustees, and the dismissal of his petition to vacate a judgment.  OPINION HOLDS: In the first appeal, we find no error in the challenged district court rulings and affirm.  In the second appeal, we find the issue raised is moot and dismiss. 

Case No. 20-0855:  In re the Marriage of Czarnecki

Filed Nov 23, 2021

View Opinion No. 20-0855

            Appeal from the Iowa District Court for Harrison County, Margaret Popp Reyes, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Vaitheswaran and Badding, JJ.  Opinion by Vaitheswaran, J.  (13 pages)

            Teresa Czarnecki appeals the financial provisions of the decree dissolving her marriage to David Czarnecki.  OPINION HOLDS: We modify the dissolution decree to award Teresa $1500 per month in traditional spousal support until she turns sixty-five, dies, or remarries.  And we modify the property provisions of the dissolution decree, resulting in a reduction in the equalizing payment owing by Teresa to David.

Case No. 20-1006:  Shawn P. Shelton v. Jan Marie Gwinn, Ann Jetora Mueller, and Mary Joleen Pavelka

Filed Nov 23, 2021

View Opinion No. 20-1006

            Appeals from the Iowa District Court for Polk County, Jeffrey Farrell and Robert B. Hanson, Judges.  FIRST APPEAL AFFIRMED; SECOND APPEAL DISMISSED AS MOOT.  Considered by Tabor, P.J., and Greer and Badding, JJ.  May, J., takes no part.  Opinion by Tabor, P.J.  (12 pages)

            In these consolidated appeals, Shawn Shelton, the son of the trust settlors challenges the grant of summary judgment to his sisters, the trustees, and the dismissal of his petition to vacate a judgment.  OPINION HOLDS: In the first appeal, we find no error in the challenged district court rulings and affirm.  In the second appeal, we find the issue raised is moot and dismiss. 

Case No. 20-1037:  The Estate of Susan Farrell, by its Administrator, Jesse Farrell, and as Representative for the Claims of Jesse Farrell, Individually, Jesse Farrell, as Next Friend of R.F., a Minor, Margaret Renee Maschske, Individually, & Stephen Michalski, Individually v. State of Iowa, City of Waukee, Iowa, and City of West Des Moines, Iowa

Filed Nov 23, 2021

View Opinion No. 20-1037

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Greer, J.  (14 pages)

            On interlocutory appeal, the State of Iowa and the cities of West Des Moines and Waukee (Governmental Parties) challenge the district court’s ruling denying their motion for a judgment on the pleadings.  They argue the public-duty doctrine precludes them from liability on each of the claims made against them by the Farrell family.  OPINION HOLDS: Finding the public-duty doctrine applies to the claims against the Governmental Parties on all claims, we reverse the district court and remand for entry of judgment in favor of all Governmental Parties.

Case No. 20-1116:  Valerie Rheeder v. City of Marion, Iowa, Douglas Slagle, Shellene Gray, and Joseph McHale

Filed Nov 23, 2021

View Opinion No. 20-1116

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (19 pages)

            On interlocutory appeal, the city and other defendants challenge the discovery order requiring the city to turn over to former employee Plaintiff the full, unredacted investigation report prepared by an attorney at their request regarding allegations of sexual harassment and possible disparate treatment in the police department based on sex.  OPINION HOLDS: We find the district court abused its discretion in concluding a redacted portion of the investigation report was not privileged and ordering its production to Plaintiff.  We remand with instructions to order production of specific portions of the redacted report based upon the city raising the Faragher-Ellerth affirmative defense.

Case No. 20-1118:  Donald Antonio Vaughn v. State of Iowa

Filed Nov 23, 2021

View Opinion No. 20-1118

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (5 pages)

            Donald Antonio Vaughn appeals the summary dismissal of his fourth application for postconviction relief.  OPINION HOLDS: Finding no error, we affirm.

Case No. 20-1162:  State of Iowa v. Dobol Rial Koat

Filed Nov 23, 2021

View Opinion No. 20-1162

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland and Michael Hooper, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (19 pages)

            Dobol Koat appeals his conviction for murder in the first degree.  Koat advances three arguments on appeal.  First, he argues the district court wrongfully denied suppression of statements made during two of three interrogations.  Second, he claims the evidence introduced at trial was insufficient to sustain a conviction.  And, third, he asserts that the district court erred by allowing irrelevant evidence into trial.  OPINION HOLDS: The district court suppressed statements made during Koat’s first interrogation.  But because the two subsequent interrogations were not continuations of the first, those additional statements were admissible.  And these statements, along with other circumstantial evidence, were sufficient to support Koat’s conviction.  Finally, because the complained of evidence touched on premeditation, it was relevant and properly admitted.  We affirm.

Case No. 20-1175:  Robert M. Hogg and Kathryn A. Hogg

Filed Nov 23, 2021

View Opinion No. 21-1175

            Appeal from the Iowa District Court for Linn County, Mary E. Chiccelly, Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.  Heard by May, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (15 pages)

            The City Council of Cedar Rapids approved a change to the future land use map, allowing Cargill, Inc. an industrial use to be built in an existing residential neighborhood.  Robert and Kathryn Hogg, and later other neighbor landowners, challenged the city council’s decision on writ of certiorari in the district court.  Without a hearing, the district court affirmed.  OPINION HOLDS: We do not reach the substantive issues raised by the Hoggs and other landowners.  Because the Iowa Rule of Civil Procedure 1.1410 requires the district court to hold hearing, we remand to the district court for further proceedings.

Case No. 20-1321:  S3 Development, LLC v. HGR Investments, Inc.

Filed Nov 23, 2021

View Opinion No. 20-1321

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Carr, S.J.  Opinion by Ahlers, J.  (9 pages)

            S3 Development, LLC (S3) appeals the grant of summary judgment in favor of HGR Investments, Inc. (HGR).  S3 argues a genuine issue of material fact exists over whether S3 entered a contract with HGR through HGR’s agent and whether HGR ratified the contract.  OPINION HOLDS: Because there is no evidence in the record to support finding the purported agent was an agent of HGR or that HGR ratified the contract, we find no error in granting summary judgment for HGR. 

Case No. 20-1329:  Karebo Shimirimana v. State of Iowa

Filed Nov 23, 2021

View Opinion No. 20-1329

            Appeal from the Iowa District Court for Fayette County, Laura Parrish, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Karebo Shimirimana appeals the district court’s dismissal of his application for postconviction relief.  OPINION HOLDS: Shimirimana has not established a breach of duty or resulting prejudice for an ineffective-assistance-of-counsel claim.  We affirm.

Case No. 20-1345:  Nicholas Sean Blaufuss v. State of Iowa

Filed Nov 23, 2021

View Opinion No. 20-1345

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J. and Danilson, S.J.  Opinion by Greer, J.  (5 pages)

            Nicholas Blaufuss appeals the denial of his application for postconviction relief.  Blaufuss claims he received ineffective assistance from trial counsel when counsel failed to call witnesses who would have provided a “quasi alibi” and rebutted the testimony of the victim, D.J., which would have impacted D.J.’s credibility with the jury.  OPINION HOLDS: Because Blaufuss has not proved his trial counsel’s decision not to call the witnesses was unreasonable, Blaufuss’s claim of ineffective assistance fails.  We affirm the district court’s dismissal of his application.  

Case No. 20-1428:  In re the Detention of Adam Mauro

Filed Nov 23, 2021

View Opinion No. 20-1428

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

            On appeal, Adam Mauro argues: (1) the State failed to prove beyond a reasonable doubt that he was not ready for placement in the transitional release program; (2) he should have been permitted to reside at a location other than the civil commitment unit for sex offenders as part of the transitional release program; and (3) there was insufficient evidence to find he remained likely to commit a sexually violent offense if released with supervision.  OPINION HOLDS: The State met its burden that Mauro was not ready for transitional release, making the issue of where he should be housed for transitional release moot, and there was sufficient evidence to find he remained likely to commit a sexually violent offense if released with supervision.

Case No. 20-1466:  State of Iowa v. Ceeron Tearrence Williams

Filed Nov 23, 2021

View Opinion No. 20-1466

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J. (3 pages)

            Ceeron Williams challenges the sufficiency of the evidence supporting his criminal convictions, arguing the evidence was insufficient to prove he was the shooter in the incident resulting in his convictions.  OPINION HOLDS: The evidence was sufficient to allow a rational jury to conclude Williams was the culprit.  We affirm his convictions.

Case No. 20-1550:  In re Marriage of Foster

Filed Nov 23, 2021

View Opinion No. 20-1550

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Special Concurrence by Schumacher, J. (5 pages)

            Justin Foster appeals the district court decision denying his motion to set aside a default dissolution decree.  OPINION HOLDS: We conclude judgment without a defense was entered against Justin while he was incarcerated, in violation of Iowa Rule of Civil Procedure 1.211.  We reverse the denial of Justin’s motion to set aside the default decree and remand for further proceedings.  SPECIAL CONCURRENCE ASSERTS: I concur with the result of the majority’s opinion, but write separately to rely on a provision of the law that requires that the judgment be set aside, separate from the majority’s reliance on Iowa Rule of Civil Procedure 1.211. 

Case No. 20-1584:  State of Iowa v. Gregory Allen Lee

Filed Nov 23, 2021

View Opinion No. 20-1584

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J. (5 pages)

            A defendant seeks a refund for his already-paid law-enforcement-initiative surcharges incurred prior to the legislature repealing the surcharge requirement.  OPINION HOLDS: The defendant is not entitled to a refund of the surcharges because they were incurred prior to the statute being repealed.

Case No. 20-1603:  Gatluak Chuol Bol v. State of Iowa

Filed Nov 23, 2021

View Opinion No. 20-1603

Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Gatlauk Chuol Bol appeals the dismissal of his second postconviction relief (PCR) application, alleging ineffective assistance of counsel.  OPINION HOLDS: Without deciding a breach by trial counsel or Bol’s previous PCR counsel, we determine Bol cannot show prejudice on this record.  Accordingly, we affirm the dismissal of Bol’s second PCR application.

Case No. 20-1622:  Jesse Raymond Neitzel v. State of Iowa

Filed Nov 23, 2021

View Opinion No. 20-1622

            Appeal from the Iowa District Court for Carroll County, Adria A.D. Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            Jesse Neitzel appeals the district court’s denial of his fifth postconviction-relief application, arguing: (1) the court erred in failing to grant him an exception to the three-year time bar in Iowa Code section 822.3 (2020), (2) the amendment to Iowa Code section 822.3 abrogating Allison v. State, 914 N.W.2d 866 (Iowa 2018) is unconstitutional, and (3) postconviction trial counsel was ineffective in failing to present facts to support his actual innocence claim.  OPINION HOLDS: The district court did not err in granting the State’s motion for summary disposition.

Case No. 20-1654:  State of Iowa v. Ross Edward Thornton

Filed Nov 23, 2021

View Opinion No. 20-1654

            Appeal from the Iowa District Court for Jefferson County, Gregory G. Milani, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            Ross Thornton appeals after a jury found him guilty of aiding and abetting robbery in the first degree.  OPINION HOLDS: Material evidence corroborates the accomplice testimony and connects Thornton to the robbery.  We leave the credibility of the accomplice testimony to the jury to decide, but it is not so impossible, absurd, or contradictory that we can disregard it.  And although there is evidence by which a fact finder could find Thornton not guilty, when viewed in the light most favorable to the State, substantial evidence supports the guilty verdict. 

Case No. 20-1681:  State of Iowa v. Mark David Hotzler

Filed Nov 23, 2021

View Opinion No. 20-1681

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (4 pages)

            After representing himself, Mark Hotzler received guilty verdicts for two counts of stalking as a third or subsequent offense, two counts of first-degree harassment, and one count of third-degree burglary.  Now he requests a new trial, arguing he did not validly waive his right to counsel.  The State agrees.  OPINION HOLDS: Hotzler’s waiver was invalid.  We reverse and remand for a new trial.

Case No. 20-1716:  In the Interest of C.C., Minor Child

Filed Nov 23, 2021

View Opinion No. 20-1716

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (8 pages)

            A mother appeals the termination of her parental rights in this Iowa Code chapter 600A (2019) proceeding.  OPINION HOLDS: The Iowa Indian Child Welfare Act (chapter 232B) applies to this case.  The petitioner failed to present qualified-expert-witness testimony required by Iowa Code section 232B.10(2).

Case No. 21-0010:  In re the Marriage of Hallberg

Filed Nov 23, 2021

View Opinion No. 21-0010

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

            Douglas Hallberg appeals the spousal-support provision from the decree dissolving his marriage to Kristi Hallberg.  OPNION HOLDS: We affirm the district court’s dissolution decree and grant Kristi’s request for appellate attorney fees.

Case No. 21-0062:  State of Iowa v. Devontez D. Voigts

Filed Nov 23, 2021

View Opinion No. 21-0062

            Appeal from the Iowa District Court for Story County, Bethany Currie, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Vogel, S.J.  Opinion by Mullins, P.J. (3 pages)

            Devontez Voigts appeals the district court’s denial of his challenge to the racial composition of the jury pool in his criminal trial.  OPINION HOLDS: Voigts has failed to causally link the racial underrepresentation of his jury pool to a jury-management practice, so we affirm the district court’s rejection of his fair-cross-section challenge. 

Case No. 21-0069:  State of Iowa v. Brent Marlon Smith

Filed Nov 23, 2021

View Opinion No. 21-0069

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J. (4 pages)

            After a bench trial, Brent Smith was found guilty of burglary in the second degree and stalking in violation of a protective order.  The district court sentenced Smith to a term not to exceed fifteen years.  Smith appeals, requesting probation and treatment in lieu of incarceration.  OPINION HOLDS: The district court did not abuse its discretion.  We affirm.

Case No. 21-0124:  In re the Marriage of Aaron C. Schneider and Sarah A. Schneider

Filed Nov 23, 2021

View Opinion No. 21-0124

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The father appeals the district court’s denial of his request for increased visitation and the requirement that he pay a portion of the mother’s attorney fees.  OPINION HOLDS: The father failed to meet his burden to establish a material change in circumstances to warrant an increase in his visitation time.  The district court did not abuse its discretion in requiring the father to pay a portion of the mother’s trial attorney fees.  The father is required to pay a portion of the mother’s appellate attorney fees as well, and this matter is remanded to the district court to ascertain the proper amount. 

Case No. 21-0134:  Mariah Dawn Arneson v. State of Iowa

Filed Nov 23, 2021

View Opinion No. 21-0134

            Appeal from the Iowa District Court for Johnson County, Carl D. Baker, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            Mariah Dawn Arneson appeals the summary disposition of her postconviction-relief (PCR) application.  OPINION HOLDS: We find the district court properly granted the State’s motion for summary disposition.  We also find Arneson’s claim of actual innocence was not preserved for our review.  Accordingly, we affirm. 

Case No. 21-0183:  Old Dominion Freight Line, Inc. v. TDFUEL, LLC

Filed Nov 23, 2021

View Opinion No. 21-0183

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            TDFuel, LLC (TDFuel) appeals the district court’s order granting summary judgment in favor of Old Dominion Freight Line, Inc. (Old Dominion) in a breach-of-contract action.  OPINION HOLDS: Because the contract between TDFuel and Old Dominion required TDFuel to inform Old Dominion of the letter from the city, the district court correctly granted summary judgment.  Accordingly, we affirm. 

Case No. 21-0280:  David Scott Sheppard v. Chelsea Renee Reed

Filed Nov 23, 2021

View Opinion No. 21-0280

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            Chelsea Reed appeals an order establishing child custody and support of a three-year-old daughter.  OPINION HOLDS: After considering all the relevant factors, we affirm the order placing physical care of the child with her father.  On child support, we find the district court’s calculation was supported by the evidence and decline to disturb its ruling ordering Chelsea to pay $559 in monthly child support.  

Case No. 21-0290:  Lester E. Askelson v. City of Lansing City Council

Filed Nov 23, 2021

View Opinion No. 21-0290

            Appeal from the Iowa District Court for Allamakee County, Alan T. Heavens, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            Lester Askelson appeals the annulment of his writ of certiorari, alleging the district court erroneously found his petition was untimely.  He also appeals the court’s denial of his application for an extension of time to file the petition.  OPINION HOLDS: As the court appropriately determined Askelson’s petition was untimely and did not abuse its discretion in denying the application for an extension, we affirm. 

Case No. 21-0336:  Gaylene Faye Hardy-Wilson v. Thomas Hadaway

Filed Nov 23, 2021

View Opinion No. 21-0336

            Appeal from the Iowa District Court for Story County, Amy Moore, Judge.  REVERSED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Partial Dissent and Partial Special Concurrence by Schumacher, J.  (11 pages)

            A former husband appeals the extension of a domestic abuse protection order in favor of his ex-wife, arguing (1) the district “court lacked subject matter jurisdiction” to extend the protective order; (2) there was insufficient evidence to support a finding that he continued to pose a threat to the safety of his ex-wife; and (3) the district court erred in assessing “all court costs” to him.  OPINION HOLDS: On our de novo review of the record, we reverse the extension of the protective order.  Any court costs associated with the motion to extend the protective order are taxed to the ex-wife.  PARTIAL DISSENT AND PARTIAL SPECIAL CONCURRENCE ASSERTS: I respectfully dissent from the majority opinion that finds reversal of the extension of an order of protection, pursuant to Iowa Code chapter 236, is required.  I specially concur on the assessment of court costs against the ex-husband from the original proceeding.

Case No. 21-0364:  In Re the Marriage of Troy Scott Johnson and Kristy Lynn Johnson, n/k/a Kristy Lynn Brown

Filed Nov 23, 2021

View Opinion No. 21-0364

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            The mother appeals the district court’s modification of the physical care arrangement switching physical care from the mother to the father.  OPINION HOLDS:  The father failed to meet the heavy burden of showing he is better suited to minister to the child’s needs.  Accordingly, physical care should not have been switched from the mother to the father.  We remand to the district court to establish the father’s visitation rights and other matters related to physical care.

Case No. 21-0365:  Tamara Mackay v. Judy Russell

Filed Nov 23, 2021

View Opinion No. 21-0365

            Appeal from the Iowa District Court for Boone County, Gary McMinimee, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (7 pages)

            Tamara MacKay appeals from adverse summary judgment for Judy Russell on her slander claim.  OPINION HOLDS: Because the district court did not err in concluding Russell was entitled to judgment as a matter of law, we affirm.

Case No. 21-0449:  In re Marriage of Freiberg

Filed Nov 23, 2021

View Opinion No. 21-0449

            Appeal from the Iowa District Court for Marshall County, Christopher C. Polking, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Brian Freiberg appeals the district court’s order on remand following an appeal of a modification order.  OPINION HOLDS: The district court correctly interpreted our prior opinion.  We affirm. 

Case No. 21-0680:  State of Iowa v. Zachary Liddick

Filed Nov 23, 2021

View Opinion No. 21-0680

            Appeal from the Iowa District Court for Mills County, Craig Dreismeier, Judge.  SENTENCE VACATED IN PART AND REMANDED WITH DIRECTION.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J. (7 pages)

            Zachary Liddick challenged the mandatory minimum sentence imposed, arguing the district court did not properly apply the factors applicable to juvenile offenders.  He also asserts the imposed fine is an illegal sentence.  OPINION HOLDS: We discern no abuse of discretion in the court’s imposition of a mandatory minimum sentence.  However, there is no statutory authority supporting the fine, and we therefore vacate that portion of the sentence and remand for a corrected sentencing order.

Case No. 21-0842:  In the Interest of EE, Minor Child

Filed Nov 23, 2021

View Opinion No. 21-20842

            Appeal from the Iowa District Court for Polk County, Kimberly S. Ayotte, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS:  Because the child could not be returned to the mother’s care at the time of the termination hearing, termination of her parental rights was proper.

Case No. 21-0927:  In the Interest of J.S.-M. and A.S.-M., Minor Children

Filed Nov 23, 2021

View Opinion No. 21-0927

             Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights, contending (1) the State failed to prove the grounds for termination, (2) termination is not in the children’s best interests, and (3) termination would be detrimental to the children due to the closeness of their parent-child relationship.  OPINION HOLDS: Finding no grounds for reversal, we affirm.  

Case No. 21-1102:  In the Interest of E.M., Minor Child

Filed Nov 23, 2021

View Opinion No. 21-1102

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The juvenile court did not abuse its discretion by denying the mother’s motions to continue, the grounds for termination were established, termination is in the child’s best interests, and a guardianship is not appropriate.  We affirm.

Case No. 21-1106:  In the Interest of A.S. and M.S., Minor Children

Filed Nov 23, 2021

View Opinion No. 21-1106

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            A father appeals the termination of his parental rights to his children, born in 2018 and 2019.  OPINION HOLDS: We affirm the district court’s denial of the permissive exception to termination set forth in section 232.116(3)(c) (2021) and the termination of the father’s parental rights to the children.

Case No. 21-1153:  In the Interest of H.B.-H., Minor Child

Filed Nov 23, 2021

View Opinion No. 21-1153

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The statutory grounds authorizing termination are met.  Termination is in the child’s best interest.  And we do not apply any exception to termination.

Case No. 21-1235:  In the Interest of L.L., Minor Child

Filed Nov 23, 2021

View Opinion No. 21-1235

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother contends the termination of her parental rights is not in the child’s best interests.  OPINION HOLDS: Termination of parental rights and adoption will best provide for the child’s need for permanency and stability.  We affirm.

Case No. 21-1286:  In the Interest of A.M., Minor Child

Filed Nov 23, 2021

View Opinion No. 21-1286

            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 Mullins, J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother’s contest to the statutory grounds for termination was not preserved for our review.  On our de novo review of the record, we find termination is in the child’s best interests. 

Case No. 21-1369:  In the Interest of J.T., Minor Child

Filed Nov 23, 2021

View Opinion No. 21-1369

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the child cannot be safely returned to the mother’s care, the mother is not able to provide the child with the stability she deserves, and none of the permissive factors preclude termination. 

Case No. 21-1411:  In the Interest of T.D. and E.D., Minor Children

Filed Nov 23, 2021

View Opinion No. 21-1411

            Appeal from the Iowa District Court for Benton County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            A mother appeals from the termination of her parental rights to her children, contending termination was not in the best interests of the children.  OPINION HOLDS: Upon our review, we affirm.

Case No. 19-1229:  State of Iowa v. James Deyo Robinson, Jr.

Filed Nov 03, 2021

View Opinion No. 19-1229

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (21 pages)

            A jury convicted James Robinson Jr. of burglary in the first degree, willful injury causing serious injury, first-degree harassment, and false imprisonment.  Robinson, who represented himself at trial, appeals.  He (1) raises a fair cross-section challenge to his jury pool; (2) argues he was neither competent to stand trial nor waive his right to counsel and represent himself; (3) maintains the district court abused its discretion in denying his motion to strike a potential juror for cause; and (4) contends a jury instruction contained a prejudicial error, which he asks us to review after adopting a plain error standard for self-represented defendants.  OPINION HOLDS: Robinson waived his fair cross-section challenge when he acquiesced to the remedy provided to him by the district court, and his claims of ineffective assistance fail.  Robinson did not prove he was prejudiced by the court’s denial of his motion to strike a juror for cause, so that claim also fails.  And, finally, we are not at liberty to use plain error review to consider Robinson’s claim about a flawed jury instruction.  We affirm Robinson’s convictions. 

Case No. 19-2007:  State of Iowa v. Christopher Dixon

Filed Nov 03, 2021

View Opinion No. 19-2007

            Appeal from the Iowa District Court for Scott County, Henry W. Latham, IlI, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (17 pages)

            Christopher Dixon appeals his convictions for first-degree murder, first-degree robbery, and conspiracy to commit a forcible felony.  He alleges there is insufficient evidence to support any of his convictions.  He also argues his sentence is unconstitutional because it violates his due process rights and is cruel and unusual.  He contends the court erred in ordering his sentences run consecutively, suggesting the robbery conviction should merge into his murder conviction.  Finally, he argues the court abused its discretion during sentencing.  OPINION HOLDS: We find there is sufficient evidence for the convictions, his sentence is not unconstitutional, his sentences for the first-degree murder and first-degree robbery should not merge, and the court did not abuse its discretion in sentencing.  As a result, we affirm.

Case No. 19-2145:  State of Iowa v. Kenneth Wayne Baysdon

Filed Nov 03, 2021

View Opinion No. 19-2145

            Appeal from the Iowa District Court for Plymouth County, Tod Deck, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

                Kenneth Baysdon appeals his conviction for assault with intent to commit sexual abuse.  OPINION HOLDS: We determine Baysdon’s claims challenging his guilty plea may not be considered in this direct appeal because he has not filed a motion in arrest of judgment and has not presented evidence that he fits within an exception to the requirement to file such a motion prior to challenging his guilty plea.  We dismiss his appeal.

Case No. 20-0369:  State of Iowa v. Ezekiel Cortez Phillips

Filed Nov 03, 2021

View Opinion No. 20-0369

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Heard by Bower, C.J., Greer, J., and Danilson, S.J.  Opinion by Bower, C.J.  (22 pages)

            Ezekiel Cortez Phillips Jr. appeals his convictions for first-degree murder, attempted murder, willful injury causing serious injury, and going armed with intent.  Phillips asserts the State violated discovery orders, failed to disclose favorable evidence, and engaged in a pattern of repeated prosecutorial misconduct, and as a result the court should have granted a mistrial or a new trial.  OPINION HOLDS: We affirm.

Case No. 20-0391:  Anthony Tiberius Ferre v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 20-0391

            Appeal from the Iowa District Court for Warren County, Brad McCall, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Anthony Ferre appeals the district court’s ruling on his postconviction-relief application.  OPINION HOLDS: Because there was no factual basis for five of the twenty charges to which Ferre pleaded guilty, the proper remedy is to vacate all convictions arising from the plea deal—not just the five without a factual basis—set aside the guilty pleas on all charges, and remand the case to the district court where the State may proceed as if there were never a plea agreement.

Case No. 20-0395:  John Arthur Wilson v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 20-0395

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (11 pages)

            John Arthur Wilson appeals the denial of his motion to set aside a default judgment dismissing his postconviction-relief application.  OPINION HOLDS: We find Wilson’s notice of appeal related back to its original filing date, and the court did not abuse its discretion in granting a default judgment in favor of the State and denying Wilson’s motion to set aside default.  We affirm.

Case No. 20-0464:  State of Iowa v. Justice Mathis

Filed Nov 03, 2021

View Opinion No. 20-0464

            Appeal from the Iowa District Court for Decatur County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (8 pages)

            Justice Mathis appeals his convictions for three counts of second-degree sexual abuse.  He challenges the sufficiency of the evidence and a jury instruction.  OPINION HOLDS: The State presented sufficient evidence to support Mathis’s convictions.  The district court erred in submitting the challenged instruction, but the error was harmless.

Case No. 20-0704:  Brittany Rae Beek v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 20-0704

            Appeal from the Iowa District Court for Floyd County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Brittany Beek appeals the denial of her application for postconviction relief (PCR).  She challenges the district court’s ruling, arguing it should have found she received ineffective assistance of trial counsel and granted her application.  On appeal, Beek (1) maintains trial counsel breached an essential duty when she failed to object to improper vouching testimony by one of the State’s experts and (2) challenges counsel’s strategy as it pertained to confronting the complaining witnesses at the underlying criminal trial.  OPINION HOLDS: We agree with the district court that Beek failed to prove her claims of ineffective assistance.  We affirm the denial of her PCR application.

Case No. 20-0713:  Donald Antonio Vaughn v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 20-0713

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (4 pages)

            Donald Antonio Vaughn appeals the summary dismissal of his third application for postconviction relief (PCR).  OPINION HOLDS: Because Vaughn does not fit within the narrow exception to avoid the statutory three-year limitation period established in Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), we find no error in the dismissal of his untimely PCR application.

Case No. 20-0771:  Thomas G. Ruthers, Jr. v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 20-0771

            Appeal from the Iowa District Court for Cherokee County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Doyle,S.J.  Opinion by Mullins, P.J.  (12 pages)

            Thomas Ruthers Jr. appeals the denial of his petition for a writ habeas corpus.  He argues his counsel in an underlying proceeding concerning his status as a sexually violent predator rendered ineffective assistance in failing to challenge his guilty plea in a criminal proceeding and object to hearsay evidence.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the denial of Ruthers’s petition for a writ of habeas corpus. 

Case No. 20-0786:  James Farnsworth II. v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 20-0786

            Appeal from the Iowa District Court for Cerro Gordo County, Christopher C. Foy, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (15 pages)

            James Farnsworth II appeals the district court’s denial of several ineffective-assistance-of-counsel claims raised in his postconviction-relief application following a jury trial conviction of second-degree murder, including: (1) counsel’s failure to retain a forensic pathologist; (2) counsel’s failure to state the standard of proof in closing arguments; (3) counsel’s failure to challenge the sufficiency of the evidence; and (4) several other ineffective-assistance grounds that “cumulatively establish the necessary prejudice,” including counsel’s failure to object to the court’s application of the cash portion to Farnsworth’s restitution obligation.  OPINION HOLDS: We affirm the district court’s denial of all the ineffective-assistance-of-counsel claims except Farnsworth’s claim that his attorney should have objected to the forfeiture of the $50,000 cash bond.  We reverse the district court’s denial of his claim on that ground and remand for return of $50,000 to Farnsworth.

Case No. 20-0831:  Jason Bailey v. Sadler Brothers General Partnership, Sadler Brothers Properties, LLC, Roy T. Sadler Revocable Trust, Myrna P. Sadler Revocable Trust, and Grandma Sadler's Property, LLC

Filed Nov 03, 2021

View Opinion No. 20-0831

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (13 pages)

            Jason Bailey appeals from a district court ruling denying his request for declaratory relief and order for specific performance relating to two installment contracts.  OPINION HOLDS: The district court’s findings are supported by substantial evidence, and the court did not err in denying Bailey’s request for declaratory relief and order for specific performance.  We award the appellees appellate attorney fees in accordance with the parties’ contracts.  However, we remand to the district court to determine the amount of appellate attorney fees.

Case No. 20-0946:  In the Interest of the Guardianship and Conservatorship of S.M.P.

Filed Nov 03, 2021

View Opinion No. 20-0946

            Appeal from the Iowa District Court for Linn County, Paul D. Miller, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran, and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (8 pages)

            S.M.P. appeals the district court order appointing her a guardian and conservator.  OPINION HOLDS: We affirm the appointment of a guardian and remand for expansion of the limitation on the guardian’s powers set forth in paragraph (b) of the order to include a requirement of court approval for any more restrictive permanent placement of the mother.  We reverse the appointment of a conservator.

Case No. 20-1110:  State of Iowa v. Cody John Hageman

Filed Nov 03, 2021

View Opinion No. 20-1110

            Appeal from the Iowa District Court for Mitchell County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Cody Hageman appeals the sentences imposed by the district court following his guilty plea to two counts of second-degree sexual abuse.  Hageman contends that lifetime placement on the sex offender registry for offenses committed as a juvenile violates his constitutional rights and the district court abused its discretion in sentencing.  OPINION HOLDS: Upon our review, we affirm.

Case No. 20-1184:  State of Iowa v. Adan Sosa Puga

Filed Nov 03, 2021

View Opinion No. 20-1184

            Appeal from the Iowa District Court for Allamakee County, Richard D. Stochl, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J. (12 pages)

            A defendant appeals his conviction and sentence for third-degree sexual abuse, challenging the admission of the prior sexual abuse, the failure to state reasons for the sentence that was imposed, and a discrepancy between the oral pronouncement of the sentence and the written judgment entry.  OPINION HOLDS: The district court did not abuse its discretion in allowing a different victim to testify about Puga’s past sexual abuse of her because the evidence was relevant to show that Puga’s contact with the victim here was sexual in nature and not accidental.  The court did, however, abuse its discretion in failing to give reasons for the sentence it imposed and requiring Puga to pay category “B” restitution in its written judgment entry.  Puga’s conviction is therefore affirmed, but his sentence is vacated and the case remanded for resentencing.  

Case No. 20-1201:  Amy Jo Parmer v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 20-1201

            Appeal from the Iowa District Court for Linn County, Chad Kepros, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            Amy Parmer appeals the district court’s summary disposition of her application for postconviction relief (PCR) following her convictions of involuntary manslaughter and child endangerment resulting in death.  OPINION HOLDS: Parmer has not shown she received ineffective assistance from counsel during her criminal trial or on direct appeal.  We affirm the district court’s summary disposition of her PCR application.

Case No. 20-1228:  Jacqueline Struck v. Mercy Health Services-Iowa Corp. a/k/a Mercy Medical Center-Sioux City, and Rodney J. Dean, Albert Okine, and Eileen Middleton

Filed Nov 03, 2021

View Opinion No. 20-1228

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Jacqueline Struck appeals the district court’s order granting the defendants’ motions to dismiss her personal injury action for failure to file expert witness certificate of merit affidavits pursuant to Iowa Code section 147.140 (2020).  Struck challenges the court’s determination that expert testimony was necessary to establish a prima facie case for “all [her] claims.”  OPINION HOLDS: We conclude the order dismissing all claims against Mercy was in error and Struck’s claim or claims of ordinary negligence against Mercy remain viable.  However, we find no basis for any such claims against any other defendants.  Accordingly, we affirm in part but reverse the dismissal the claim or claims of ordinary negligence against Mercy.

Case No. 20-1232:  State of Iowa v. Stephone Ann Kriens

Filed Nov 03, 2021

View Opinion No. 20-1232

            Appeal from the Iowa District Court for Polk County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J. (7 pages)

            Stephone Kriens appeals from her convictions for operating while intoxicated, third offense, and tampering with or circumventing an ignition interlock device.  She asserts her motion to suppress was wrongly rejected and the court abused its sentencing discretion.  OPINION HOLDS: The vehicle stop was supported by reasonable suspicion of unlawful activity so the motion to suppress was properly denied.  The court provided adequate reasons for imposing consecutive sentences.  We affirm.

Case No. 20-1270:  Marcus Darrell Eugene Luthi v. Client Neis, in his official and individual capacities, and Wapello County, Iowa

Filed Nov 03, 2021

View Opinion No. 20-1270

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Schumacher, J. and Gamble, S.J. Opinion by Schumacher, J.  Special Concurrence by Vaitheswaran, P.J.  Special Concurrence by Gamble, S.J.  (18 pages)

            Marcus Luthi appeals from the district court’s grant of summary judgment, arguing the court erred in finding he had no right to a private phone call with his attorney before deciding to submit to chemical testing and that his conversation was not subject to a reasonable expectation of privacy.  OPINION HOLDS: We find the district court correctly determined that Luthi’s conversation was not confidential under Iowa Code section 804.20 (2019) or the Iowa Constitution and was not subject to a reasonable expectation of privacy.  Accordingly, we affirm.  SPECIAL CONCURRENCE ASSERTS: In my view, this case raises a genuine issue of material fact as to whether the recording was made surreptitiously, which could affect the expectation-of-privacy analysis in conjunction with representation that the phone conversation would be private.  However, because the actual recording is missing, on this record, I agree Luthi failed to generate an issue of material fact concerning his expectation of privacy.  SPECIAL CONCURRENCE ASSERTS: I would conclude Iowa Code section 804.20 (2019) does not apply to this chapter 808B action, so I believe there is a question of material fact as to whether Luthi had a reasonable expectation of privacy.  However, I concur in the result because Luthi failed to generate a question of material fact under Iowa Code section 808B.B(1).

Case No. 20-1304:  Thomas Houdek and Diane Houdek, as Administrators of the Estate of Thomas James Arthur Houdek v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 20-1304

            Appeal from the Iowa District Court for Floyd County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by May, J.  (9 pages)

            Administrators of an estate appeal the dismissal of their wrongful death action against the State.  OPINION HOLDS: Because the public-duty doctrine applies, the administrators’ claims against the State cannot prevail.  The district court was right to grant summary judgment.

Case No. 20-1308:  State of Iowa v. Wayne Michael Powell

Filed Nov 03, 2021

View Opinion No. 20-1308

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve and Thomas G. Reidel, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Wayne Powell appeals his convictions for third-degree burglary, third-degree theft, and possession of burglar’s tools, contending there is insufficient evidence he was the perpetrator.  He also asserts the court abused its discretion in denying his motion for a new trial based on the weight of the evidence.  OPINION HOLDS: Finding sufficient evidence to support the convictions and no abuse of discretion in the district court’s denial of a new trial, we affirm.

Case No. 20-1373:  In re the Marriage of Serrano

Filed Nov 03, 2021

View Opinion No. 20-1373

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (5 pages)

            Emilio Serrano appeals a remand order resulting from a prior appeal of his dissolution decree.  OPINION HOLDS: We affirm in part and reverse in part for the district court to apply the best-interest-of-the-child test to his request for access to his children’s medical records.

Case No. 20-1385:  G.B. v. J.V.

Filed Nov 03, 2021

View Opinion No. 20-1385

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            J.V. appeals a final domestic abuse protective order issued against him under Iowa Code chapter 236 (2020).  He contends there was insufficient evidence that he had committed an assault to support the district court’s finding of domestic abuse.  OPINION HOLDS: Upon our review, we reverse and remand for cancellation of the protective order and dismissal of the petition for relief from domestic abuse.

Case No. 20-1572:  In the Matter of the Estate of George Mrla, Deceased.

Filed Nov 03, 2021

View Opinion No. 20-1572

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

            Robert Marion Richard Mrla appeals the dismissal of his claim against the Estate of George Mrla.  OPINION HOLDS: Finding no error of law, we affirm.

Case No. 20-1595:  State of Iowa v. Earnest Jones Hunt, Jr.

Filed Nov 03, 2021

View Opinion No. 20-1595

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J. (10 pages)

           

            The State challenges the grant of Earnest Hunt Jr.’s motion to suppress evidence seized during a pat down for weapons.  The supreme court granted the State’s application for discretionary review and stayed the district court proceedings pending resolution of this appeal.  OPINION HOLDS: Because the search of Hunt’s pocket was justified under the plain‑feel exception to the warrant requirement as set forth in Minnesota v. Dickerson, 508 U.S. 366 (1993), we reverse the suppression ruling and remand for further proceedings consistent with this opinion. 

Case No. 20-1624:  State of Iowa v. Timothy Roy Neades

Filed Nov 03, 2021

View Opinion No. 20-1624

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J. (10 pages)

            Timothy Neades appeals his conviction for possession of marijuana with intent to deliver, challenging the sufficiency of the evidence.  OPINION HOLDS: As we find sufficient evidence in the record to support the conviction, we affirm.

Case No. 20-1625:  State of Iowa v. Luis A. Cruz

Filed Nov 03, 2021

View Opinion No. 20-1625

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  SENTENCES VACATED AND REMANDED WITH INSTRUCTIONS.  Considered by Mullins, P.J., May, J., and Danilson, S.J.  Opinion by Mullins, P.J. (15 pages)

            Luis Cruz appeals the sentences imposed, following guilty pleas, upon his criminal convictions relating to crimes he committed when he was sixteen years old.  He argues the sentencing court abused its discretion by improperly weighing and considering the sentencing factors for youthful offenders.  OPINION HOLDS: We conclude the district court abused its discretion in relation to the third and fifth sentencing factors for juvenile offenders and in its analysis and conclusion to impose the maximum mandatory minimum sentence.  We vacate the sentences imposed and remand for resentencing before a different judge. 

Case No. 20-1634:  In the Matter of K.D, Alleged to be Seriously Mentally Impaired

Filed Nov 03, 2021

View Opinion No. 20-1634

            Appeal from the Iowa District Court for Johnson County, Lars Anderson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            K.D. appeals the district court’s finding that his appeal from a magistrate judge’s order transferring K.D. from outpatient to inpatient treatment was moot when K.D. was transferred back to outpatient treatment prior to the hearing before the district court.  OPINION HOLDS: We affirm the district court’s one and only conclusion that K.D.’s appeal of the September 2020 inpatient order was moot.

Case No. 20-1648:  State of Iowa v. Chad Albert Godfrey

Filed Nov 03, 2021

View Opinion No. 20-1648

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J. (7 pages)

            Chad Godfrey appeals from the district court’s denial of his motion to sever his assault-with-a-dangerous-weapon charge from his charges of possession of a firearm or offensive weapon by a domestic violence offender.  The motion to sever was untimely, and the district court determined good cause did not justify the delay.  Godfrey asserts good cause could be found in his late receipt of exhibits from the State and the COVID-19 pandemic.  OPINION HOLDS: Good cause did not exist for missed deadline to file a motion to sever.  The pandemic had not yet effected court services in Iowa by the time the motion should have been filed.  Further, the issue of when exhibits were received was not preserved for appeal and waived in the brief as no legal authority was provided.  We affirm the denial. 

Case No. 20-1657:  State of Iowa v. James M. Heginger

Filed Nov 03, 2021

View Opinion No. 20-1657

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge. AFFIRMED IN PART, VACATED IN PART Considered by Greer, P.J. and Schumacher and Danilson, JJ.  Opinion by Schumacher, J. (5 pages).

            James Heginger appeals from a sentencing order that required him to register as a sex offender for a term of life.  OPINION HOLDS: The portion of the sentencing order that specified a duration for the defendant’s sex offender registry was illegal.  We vacate only that portion of the sentencing order.

Case No. 20-1677:  In re the Marriage of Eastman

Filed Nov 03, 2021

View Opinion No. 20-1677

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  Partial Dissent by Schumacher, J.  (16 pages)

            Rita Eastman appeals the decree dissolving her marriage to Larry Eastman.  She argues the spousal support award was inadequate, the property distribution was inequitable, and she should have been awarded trial attorney fees.  She also requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s award of monthly spousal support in the amount of $1000.00 per month but modify it to vacate the reduction in support upon Larry’s retirement.  We affirm the property distribution as equitable.  We affirm the denial of Rita’s request for trial attorney fees and deny her request for appellate attorney fees.  PARTIAL DISSENT ASSERTS: I depart only in regard to the majority’s modification of the trial court’s determination that Rita’s alimony should be reduced upon Larry’s retirement. I would affirm the trial court without modification.

Case No. 20-1697:  Mary Theresa Sloan v. Lawrence KC Sloan

Filed Nov 03, 2021

View Opinion No. 20-1697

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Tabor P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            Mary Sloan appeals the order denying her application to modify the child custody and visitation provisions of the 2016 decree dissolving her marriage to Lawrence Sloan.  OPINION HOLDS: Because Mary failed to show a material and substantial change in circumstances since the decree’s entry or that modification is in the children’s best interests, we affirm.

Case No. 20-1717:  Matthew Kevin Bailey v. Daren W. Davis and Mondelez Global, L.L.C.

Filed Nov 03, 2021

View Opinion No. 20-1717

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Daren Davis and his employer, Mondelez Global, LLC (collectively, Davis), appeal from a district court order that granted a new trial to the plaintiff, Matthew Bailey, in Bailey’s personal injury action following the jury’s verdict finding no fault on the part of Davis.  Davis contends “sufficient evidence was submitted at trial to sustain the jury’s verdict” and “the jury’s verdict administered substantial justice and should not be disturbed.”  OPINION HOLDS: We conclude the district court did not err in finding insufficient evidence to support the jury’s finding that Davis was not at fault.  We affirm the grant of Bailey’s new trial motion.

Case No. 20-1721:  Joseph Kocinski v. Heather L. Christiansen n/k/a Heath L. Soyer

Filed Nov 03, 2021

View Opinion No. 20-1721

            Appeal from the Iowa District Court for Dallas County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (15 pages)

            Joseph Kocinski appeals a district court ruling that modified the existing custodial arrangements and physical care provisions relating to a child he shares with Heather Soyer, f/k/a Heather Christiansen.  He also appeals the trial court’s award of attorney fees to Heather.  Both Heather and Joseph request appellate attorney fees.  OPINION HOLDS: On our de novo review, we find the court properly granted Heather physical care of C.B.K.  We modify to clarify the award of legal custody by the district court.  We determine the court did not abuse its discretion in its award of attorney fees and we determine neither party is entitled to an award of appellate attorney fees.  Accordingly, we affirm as modified.   

Case No. 20-1740:  In re the Marriage of Schiltz

Filed Nov 03, 2021

View Opinion No. 20-1740

            Appeal from the Iowa District Court for Clay County, David A. Lester, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (10 pages)

            Darwin Schiltz appeals the district court order modifying his stipulated dissolution decree.  Darwin asks this court to award joint physical care, or, in the alternative, increased visitation and reduced child support.  OPINION HOLDS: We affirm the district court and award the appellee $4000 in appellate attorney fees. 

Case No. 21-0016:  Langerman v. Mohr

Filed Nov 03, 2021

View Opinion No. 21-0016

            Appeal from the Iowa District Court for Osceola County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (11 pages)

            Pamela Mohr appeals the trial court’s declaration Jonathan Langerman is an heir of Jerry Dean Mohr.  She contends the court improperly considered anonymous letters in determining Jerry recognized Jonathan as his son, argues the court erroneously admitted hearsay statements, and maintains there is not clear and convincing evidence Jerry recognized Jonathan as his son.  OPINION HOLDS: Finding no abuse of discretion or error of law, we affirm.

Case No. 21-0055:  In re the Marriage of Schmitz

Filed Nov 03, 2021

View Opinion No. 21-0055

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Steven Schmitz appeals the property distribution in the decree dissolving his marriage to Paula Schmitz.  OPINION HOLDS: On our de novo review, we conclude the record fully supports the district court’s findings in support of the $40,000 equalization payment from Steven to Paula.

Case No. 21-0126:  A.R. v. Elijah Joseph Ochoa

Filed Nov 03, 2021

View Opinion No. 21-0126

            Appeal from the Iowa District Court for Warren County, Martha L. Mertz, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J. and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A stepfather appeals the district court order granting a domestic abuse protective order in favor of his minor stepson.  OPINION HOLDS: The stepson does not meet the statutory definition of “family or household member” to qualify for a domestic abuse protective order against his stepfather.  The father’s motion to dismiss should have been granted.

Case No. 21-0169:  In re the Marriage of Johnson

Filed Nov 03, 2021

View Opinion No. 21-0169

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (15 pages)

            Kayla Johnson appeals the decree dissolving her marriage to Bradley Johnson (Brad).  She argues the court erred in placing their three children in Brad’s physical care instead of in the parties’ shared care.  In the alternative, she argues the amount of visitation she was awarded is inadequate.  Brad requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s physical care decision, modify the visitation schedule, and remand on the issue of an award of appellate attorney fees in favor of Brad.

Case No. 21-0170:  State of Iowa v. Joseph Robert McGraw

Filed Nov 03, 2021

View Opinion No. 21-0170

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J. (6 pages)

           Joseph McGraw appeals from his sentence following a conviction of operating while intoxicated.  He argues the court abused its discretion by erroneously believing it had none when it imposed a $1250 fine that could have been suspended after the State’s prosecutor stated it could not be suspended.  OPINION HOLDS: As McGraw was unable to point to a moment in the record where the court intimated it had no discretion to suspend the fee, we presume it knew it had the choice to suspend it and chose not to.  We affirm the sentence. 

Case No. 21-0177:  In re the Marriage of Alber

Filed Nov 03, 2021

View Opinion No. 21-0177

            Appeal from the Iowa District Court for Boone County, Christopher Polking, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Tabor, P.J.  (18 pages)

            Thomas Alber appeals the decree dissolving his marriage to Cassandra Alber.  He contends the property division was inequitable, the spousal support was too low, the child support was too high, and the award of attorney fees fell short.  Cassandra cross-appeals arguing the property division was inequitable to her and the spousal support award should be reduced or eliminated.  OPINION HOLDS: Persuaded by Cassandra’s argument on spousal support, we modify the decree to reduce the amount of the award for three reasons.  First, Thomas will be able to draw additional funds from social security upon his retirement.  Second, he did not contribute to Cassandra’s career advancement.  And third, in the words of In re Marriage of Mann, Thomas has been “both economically underemployed and domestically underemployed.”  See 943 N.W.2d 15, 22 (Iowa 2020).  We affirm the other provisions of the decree and remand for recalculation of Thomas’s child support payment. 

Case No. 21-0186:  In re the Marriage of Michelle Yvonne Baker and Tabora Alinga Baker, Sr.

Filed Nov 03, 2021

View Opinion No. 21-0186

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (5 pages)

                Tabora Baker appeals the ruling on competing petitions to modify the decree dissolving his marriage to Michelle Baker.  He argues the court erred in modifying the decree to allow him only supervised visitation.  OPINION HOLDS: The changes cited by the district court are sufficient for modification of visitation and disallowing Tabora unsupervised visitation is in the children’s best interests as posing physical and emotional harms.  We affirm the district court’s decision.

Case No. 21-0228:  In re Marriage of Van Voorst

Filed Nov 03, 2021

View Opinion No. 21-0228

            Appeal from the Iowa District Court for O'Brien County, Nancy L. Whittenburg, Judge.  AFFIRMED ON APPEAL; AFFIRMED AND REMANDED ON CROSS-APPEAL.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (14 pages)

            In a dissolution-of-marriage action, a wife appeals the district court’s property division and spousal support awards.  On cross-appeal, the husband appeals the spousal support award and denial of trial attorney fees.  He also seeks appellate attorney fees.  OPINION HOLDS:  The unequal property division was equitable in light of the conservative spousal support award.  The spousal support award was reasonable in light of the parties’ circumstances.  The district court did not abuse its discretion in denying the husband his request for trial attorney fees.  Husband is entitled to twenty-five percent of his appellate attorney fees, and accordingly the case is remanded to determine the amount.

Case No. 21-0250:  State of Iowa v. Gregory Joseph Trosin

Filed Nov 03, 2021

View Opinion No. 21-0250

            Appeal from the Iowa District Court for Cerro Gordo County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J. (4 pages)

           Gregory Trosin appeals his sentence following his guilty plea to domestic abuse assault causing bodily injury.  He argues the district court abused its discretion by considering only the nature of the offense in refusing to grant a deferred judgment.  OPINION HOLDS: Because the district court properly weighed other pertinent factors, we affirm Trosin’s sentence.

Case No. 21-0415:  Tayler Dawn Garland v. Brandon Scott Dunn

Filed Nov 03, 2021

View Opinion No. 21-0415

            Appeal from the Iowa District Court for Louisa County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (11 pages)

            Tayler Garland appeals from an order granting physical care of her child, A.D., to the father, Brandon Dunn.  Taylor asks for either a joint care arrangement or that she be given physical care, and she requests the ordered child support be adjusted accordingly.  OPINION HOLDS: Because of the distance between Tayler’s and Brandon’s homes, a shared-care arrangement is untenable.  Brandon’s long-term plans for A.D., particularly for the child’s education, make him the better custodian of A.D.’s care.  With no modification made to the care arrangement, we do not change the child-support order. 

Case No. 21-0433:  Joe Tony Vrban v. State of Iowa

Filed Nov 03, 2021

View Opinion No. 21-0433

            Appeal from the Iowa District Court for Marion County, Terry Rickers, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J.  (3 pages)

            Joe Vrban appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the entry of summary disposition.

Case No. 21-0485:  In re the Marriage of Mullen

Filed Nov 03, 2021

View Opinion No. 21-0485

            Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (6 pages)

            Patrick Mullen appeals the physical care determination and property division portions of his dissolution decree, claiming the district court failed to do equity.  OPINION HOLDS: We affirm on both issues because the property division is equitable and the physical care arrangement is in the best interests of the children.

Case No. 21-0583:  In the Interest of O.C., Minor Child

Filed Nov 03, 2021

View Opinion No. 21-0583

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (10 pages)

            A father and mother separately appeal the termination of their parental rights to a child.  The father contends (1) the State failed to prove the grounds for termination cited by the district court; (2) the State failed to “provide[] appropriate reasonable efforts due to [his] intellectual disability under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act”; (3) termination was not in the child’s best interests; and (4) the district court should have granted him a six-month extension.  The mother contends (1) the State failed to prove the grounds for termination cited by the district court; (2) the State failed to provide reasonable reunification efforts; (3) she should have been afforded a six-month extension to facilitate reunification; and (4) the termination order violated her equal protection and due process rights.  She also suggests termination was not in the child’s best interests and the district court should have invoked an exception to termination based on the parent-child bond.  OPINION HOLDS: We affirm the district court’s decision to terminate parental rights.

Case No. 21-0643:  In the Interest of J.R., Minor Child

Filed Nov 03, 2021

View Opinion No. 21-0643

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

            A mother appeals the termination of her parental rights to a child, contending the State failed to prove the grounds for termination cited by the district court.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 21-0773:  In the Interest of A.G., Minor Child

Filed Nov 03, 2021

View Opinion No. 21-0773

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (5 pages)

            A mother appeals the termination of her parental rights under Iowa Code chapter 600A (2020).  OPINION HOLDS: Because clear and convincing evidence shows the mother abandoned the child and termination is in the child’s best interests, we affirm.

Case No. 21-1121:  In the Interest of G.E., Minor Child

Filed Nov 03, 2021

View Opinion No. 21-1121

            Appeal from the Iowa District Court for Decatur County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (3 pages)

            E.J. appeals the denial of her motion to intervene in the child-in-need-of-assistance proceedings involving her half-sister.  OPINION HOLDS: The district court did not err in denying the motion to intervene.

Case No. 21-1143:  In the Interest of N.M., Minor Child

Filed Nov 03, 2021

View Opinion No. 21-1143

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J.  (3 pages)

            A mother appeals the termination of her parental rights, arguing the State failed to prove the child could not be returned to her custody at the time of the termination hearing, termination is contrary to the child’s best interests, and permanency should have been deferred for an additional six months.  OPINION HOLDS: We affirm the termination of the mother’s rights.

Case No. 21-1148:  In the Interest of F.C., Minor Child

Filed Nov 03, 2021

View Opinion No. 21-1148

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            The mother and father appeal the termination of their parental rights as to their minor child.  OPINION HOLDS:  Both parties waived several of their claimed challenges.  On the issues properly raised, there is clear and convincing evidence supporting the termination. 

Case No. 21-1155:  In the Interest of W.T., Minor Child

Filed Nov 03, 2021

View Opinion No. 21-1155

            Appeal from the Iowa District Court for Clay County, Andrew J. Smith, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            A young mother appeals the termination of her parental rights to her two-year-old child.  She challenges the statutory ground for termination under Iowa Code section 232.116(1)(h)  (2021) and argues the juvenile court should have granted her a six-month extension to participate in additional services once she turned age eighteen.  OPINION HOLDS: Because there is clear and convincing evidence that termination was appropriate and an extension was not warranted, we affirm the termination order. 

Case No. 21-1225:  In the Interest of A.M., Minor Child

Filed Nov 03, 2021

View Opinion No. 21-1225

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (5 pages)

            Christopher appeals the termination of his parental rights to his infant son.  He argues that the State failed to meet its burden under Iowa Code section 232.116(1)(j) (2021) because he was unlikely to be imprisoned for over five years.  Alternatively, Christopher argues that termination was not in the child’s best interests, or a permissive exception should apply.  OPINION HOLDS: Because Christopher is imprisoned for assault on his child, the five-year requirement is inapplicable, and the State presented clear and convincing evidence supporting termination.  And Christopher’s treatment toward his son and subsequent incarceration cut against his remaining arguments.  We affirm.

Case No. 19-1354:  State of Iowa v. Ler He Gay

Filed Oct 20, 2021

View Opinion No. 19-1354

            Appeal from the Iowa District Court for Polk County, Paul Huscher, Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED IN PART, AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            Ler He Gay appeals his convictions and sentences after a jury found him guilty of first-degree burglary, going armed with a concealed weapon, and fourth-degree theft.  OPINION HOLDS: I. There is sufficient evidence by which the jury could find Gay had an intent to commit theft on entering an occupied structure to support his burglary conviction.  A jury could also find Gay aided and abetted a theft.  II. Because the district court failed to exercise its discretion under Iowa Code section 901.10(1) (2018) in sentencing Gay for burglary, we vacate that sentence and remand for resentencing.  III. We are not allowed to resolve ineffective-assistance-of-counsel claims on direct appeal.

Case No. 19-1453:  State of Iowa v. Mark Jacob Humphrey

Filed Oct 20, 2021

View Opinion No. 19-1453

            Appeal from the Iowa District Court for Mahaska County, Gregory G. Milani, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J. (8 pages)

            Mark Humphrey appeals his conviction for third-degree burglary.  OPINION HOLDS: I. When viewed in the light most favorable to the State, there is substantial evidence that Humphrey had the specific intent to commit theft when he removed a camper and two dogs from his estranged wife’s home.  II. The district court correctly applied a weight-of-the-evidence standard in denying Humphrey’s motion for new trial.  III. We cannot decide Humphrey’s claim of ineffective assistance of counsel on direct appeal.

Case No. 19-1716:  State of Iowa v. Jaycie Sheeder

Filed Oct 20, 2021

View Opinion No. 19-1716

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J. (14 pages)

            Jaycie Sheeder appeals her convictions of murder and robbery in the first degree and accessory after the fact, and the sentence imposed for robbery.  She argues the State failed to prove she had knowledge that a codefendant intended to commit an assault, co-conspirator statements were improperly admitted, the prosecutor engaged in misconduct, and the district court failed to exercise discretion in sentencing.  OPINION HOLDS: On our review of the record, we find sufficient evidence was presented to support the jury’s guilty verdict for murder in the first degree.  The district court’s vague comments about the admissibility of co-conspirator statements and announcement that objections would be entertained render any arguments on statements that did not receive an objection unpreserved for our review.  The State concedes that the district court did not exercise discretion when imposing the sentence for first-degree robbery; we vacate that sentence only and remand for resentencing and correction of the code section for Sheeder’s murder conviction.

Case No. 19-1872:  State of Iowa v. Joseph Eugene Peck

Filed Oct 20, 2021

View Opinion No. 19-1872

            Appeal from the Iowa District Court for Warren County, Brad McCall, Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            In this direct appeal from a guilty plea Joseph Peck claims he has good cause to appeal, that his plea counsel was ineffective, and that Iowa Code sections 814.6(1)(a)(3) and 814.7 (2019) are unconstitutional as violating separation-of-powers, due process, and equal protection.  OPINION HOLDS: Under Iowa Supreme Court precedent, which we must follow, these code sections are not unconstitutional, Peck has not shown good cause to appeal from his guilty plea, and he is not permitted to raise ineffective-assistance-of-counsel claims in this direct appeal, so we must dismiss the appeal.

Case No. 20-0025:  State of Iowa v. Dieudonne Manirabaruta

Filed Oct 20, 2021

View Opinion No. 20-0025

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J.  (8 pages)

            Dieudonne Manirabaruta appeals his conviction, following a guilty plea, of second-degree theft.  He argues his pro se letter to the court amounted to a motion in arrest of judgment and was timely filed, the district court erred in not considering it as such, and the court erred in denying his motion to withdraw his guilty plea on the basis it was unsupported by a factual basis.  OPINION HOLDS: Finding no basis for granting discretionary review on the alleged motion in arrest of judgment, and finding no good cause to grant a right to appeal based on lack of factual basis supporting the plea, we dismiss the appeal.

Case No. 20-0132:  State of Iowa v. Steven Andrew Mauck

Filed Oct 20, 2021

View Opinion No. 20-0132

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

            Steven Mauck appeals his conviction for second-degree sexual abuse, contending the court erred in denying his motion to strike a prospective juror for cause and his motion for a new trial.  OPINION HOLDS: Even if we presume the district court abused its discretion in not striking the juror for cause, Mauck did not use a peremptory challenge to strike the juror ort seek an additional peremptory challenge to strike the juror.  Mauck has failed to establish actual prejudice resulted from the denial of his motion to strike for cause.  The court did not abuse its discretion in denying the motion for new trial.  We affirm.

Case No. 20-0175:  State of Iowa v. Sherry Faye Mosley

Filed Oct 20, 2021

View Opinion No. 20-0175

            Appeal from the Iowa District Court for Story County, James B. Malloy, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J. (7 pages)

            After pleading guilty, Sherry Mosley appeals her convictions for possession of methamphetamine, second offense; possession of marijuana, third offense; and third-degree theft.  OPINION HOLDS: We find Mosley has not shown good cause for a direct appeal from her guilty pleas as she does not raise an issue of sentencing or competency.  Also, because Mosley has not preserved error on the issues she seeks to raise concerning the denial of the motion in arrest of judgment, we do not grant discretionary review of her claims.  As Mosley’s appeal cannot be considered on direct appeal and we do not grant discretionary review, the appeal must be dismissed.

Case No. 20-0254:  State of Iowa v. Jack Lee Carson, Jr.

Filed Oct 20, 2021

View Opinion No. 20-0254

            Appeal from the Iowa District Court for Cass County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (12 pages)

            Jack Carson Jr. appeals his conviction of possession of a controlled substance with intent to deliver.  He argues (1) the court erred in denying his motion to suppress “because the purported alerts by the drug dog” on his vehicle “did not provide probable cause to search” and (2) his attorney was ineffective in failing to challenge the constitutionality of the traffic stop.  OPINION HOLDS: We affirm the denial of Carson’s motion to suppress and his conviction.

Case No. 20-0282:  Deandre Goode v. State of Iowa

Filed Oct 20, 2021

View Opinion No. 20-0282

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Deandre Goode appeals the denial of his second petition for postconviction relief.  He alleges his second PCR trial counsel—much like his criminal and first PCR trial counsels—was ineffective by failing to present Facebook metadata in support of his alibi defense.  Because the record isn’t sufficiently developed, Goode asks for a limited remand to develop the evidence or leave to file a third petition.  OPINION HOLDS: Neither remedy is available to Goode, so we affirm.

Case No. 20-0508:  In the Interest of the Conservatorship of Dillon W. Vierkant

Filed Oct 20, 2021

View Opinion No. 20-0508

            Appeal from the Iowa District Court for Franklin County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (5 pages)

            Dillon Vierkant appeals the imposition of a conservatorship.  OPINION HOLDS: Substantial evidence supports the court’s determination that it did not need an evaluation of Vierkant to determine whether the petitioner established grounds for a conservatorship.  Vierkant’s ineffective-assistance claim fails because he makes no prejudice argument.  And the appointed conservator did not have a disqualifying conflict of interest.

Case No. 20-0513:  In re the Marriage of Rana

Filed Oct 20, 2021

View Opinion No. 20-0513

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J., and Doyle, S.J.  Opinion by Greer, J.  (11 pages)

            Shawn and Leanne Rana dissolved their marriage by stipulated decree, which included division of their marital property.  One year later, as part of her petition to modify custody provisions, Leanne also raised a counterclaim asking the court to modify the property division based on Shawn’s alleged fraudulent concealment of certain assets.  The court later dismissed Leanne’s counterclaim, concluding (1) it was not properly brought under Iowa Rules of Civil Procedure 1.1012 and 1.1013 and (2) Leanne failed to prove her claim of fraud in equity. Leanne appeals.  OPINION HOLDS: Because Leanne failed to comply with the jurisdictional requirements for her rule 1.1012 fraud claim and because she cannot obtain relief on her equitable fraud claim, we agree with the district court’s ruling dismissing her request to modify the property division in the dissolution decree. 

Case No. 20-0628:  Douglas Evander St. Cyr v. State of Iowa

Filed Oct 20, 2021

View Opinion No. 20-0628

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  Partial Dissent by Tabor, J.  (23 pages)

            The defendant challenges his convictions after a bench trial on the grounds that his motion to suppress should have been granted and there was insufficient evidence to support several of the convictions.  OPINION HOLDS:  We find the motion to suppress was properly denied because the traffic stop was lawful.  Further, we find substantial evidence to support the challenged convictions and substantial evidence to support the finding that defendant’s affirmative defenses are inapplicable.  PARTIAL DISSENT ASSERTS: I respectfully dissent from the majority’s ruling on the motion to suppress.  Assuming the stop for failure to have permanent license plates was a reasonable mistake of fact, the officer’s failure to check the back window for proof of temporary registration unreasonably extended the detention.

Case No. 20-0691:  State of Iowa v. Derek Alexander Westwater

Filed Oct 20, 2021

View Opinion No. 20-0691

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            Derek Westwater challenges the sentence imposed after he pled guilty to delivery of methamphetamine, a class “B” felony.  As part of the plea agreement, the State was supposed to recommend Westwater’s sentence be served concurrent to his sentence in another case.  However, the State was silent on the issue whether the sentence should be served concurrently or consecutively.  Westwater appeals, claiming his trial counsel provided ineffective assistance by failing to object when the State breached the plea agreement.  OPINION HOLDS: Westwater has good cause to appeal and, applying State v. Boldon, 954 N.W.2d 62, 69 (Iowa 2021), we consider the merits of his claim the prosecutor breached the plea agreement directly.  We conclude the prosecutor breached the plea agreement, so we remand for resentencing in front of a different judge.

Case No. 20-0907:  David Michael Evans v. State of Iowa

Filed Oct 20, 2021

View Opinion No. 20-0907

            Certiorari to the Iowa District Court for Polk County, Christopher Kemp, Judge.  WRIT ANNULLED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (4 pages)

            David Evans challenges the denial of his motion for a determination of his reasonable ability to pay restitution.  OPINION HOLDS: We find no error in the district court’s conclusion that a reasonable-ability-to-pay determination is not available for Evans’s restitution orders that are being enforced as civil judgments rather than as criminal restitution.

Case No. 20-0916:  City of Maxwell and Emcasco Insurance Company v. Dennis M. Marshall

Filed Oct 20, 2021

View Opinion No. 20-0916

            Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge.  AFFIRMED ON BOTH APPEALS.  Heard by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Dennis Marshall appeals the district court’s ruling on judicial review affirming the workers’ compensation commissioner’s denial of his request for penalty benefits.  The City of Maxwell with its insurer, EMCASCO Insurance Company (together “the employer”), cross-appeals on the issues of healing period benefits and its request to present additional evidence during the judicial review proceedings.  OPINION HOLDS: Because the employer did not pay Marshall’s healing period benefits late, he is not entitled to penalty benefits.  There is substantial evidence in the record to support the commissioner’s determination of the time period for Marshall’s receipt of healing period benefits.  The district court did not abuse its discretion in denying the employer’s request to remand the case to the commissioner for the presentation of additional evidence.  We affirm the district court’s decision affirming the commissioner’s rulings on the issues raised in the appeal and the cross-appeal.

Case No. 20-1010:  David Bradford v. State of Iowa

Filed Oct 20, 2021

View Opinion No. 20-1010

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

            David Bradford appeals the district court’s dismissal of his second postconviction-relief action.  OPINION HOLDS: We affirm because his action is time barred.

Case No. 20-1041:  State of Iowa v. John Chandler Kraus

Filed Oct 20, 2021

View Opinion No. 20-1041

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

                John Kraus appeals his conviction of second-degree theft as a habitual offender and the sentence imposed.  He argues the court erred in instructing the jury on an aider and abettor theory of liability, the evidence was insufficient to support the conviction, and the court abused its discretion by imposing a prison sentence.  OPINION HOLDS: We find no error in the court’s inclusion of an aiding and abetting instruction, the evidence was sufficient to support the conviction, and no discretionary abuse in sentencing has been shown.  We affirm.

Case No. 20-1092:  State of Iowa v. Lauren Schulte

Filed Oct 20, 2021

View Opinion No. 20-1092

            Appeal from the Iowa District Court for Polk County, Brendan E. Greiner and Cynthia M. Moisan, District Associate Judges.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Lauren Schulte appeals her guilty pleas and sentence following convictions for two operating-while-intoxicated offenses, claiming she has good cause to appeal her guilty plea, the plea was unknowing and involuntary, and the court’s acceptance of the guilty plea was plain error.  She also argues the sentencing court abused its discretion in sentencing her to prison and ordering the terms be served consecutively.  OPINION HOLDS: We affirm Schulte’s convictions, judgment and sentence. 

Case No. 20-1170:  State of Iowa v. Eric DeWayne Campbell, Jr.

Filed Oct 20, 2021

View Opinion No. 20-1170

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (4 pages)

            Eric Campbell Jr. appeals his resentences for convictions of first-degree robbery and voluntary manslaughter following resentencing.  He claims that his resentencing counsel was ineffective and that his sentence is illegal.  OPINION HOLDS: Error was not properly preserved for Campbell’s due process complaints as there was no objection at trial.  His ineffective-assistance claims are preserved for postconviction relief but cannot be decided on direct appeal.  Because risk assessment tools are statutorily allowed as “pertinent information,” his sentence is not illegal based on the court’s use of those tools. 

Case No. 20-1288:  State of Iowa v. William D. Beeman

Filed Oct 20, 2021

View Opinion No. 20-1288

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  WRIT ANNULLED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J.  (12 pages)

            William Beeman appeals the denial of his motion for a new trial.  OPINION HOLDS: Treating Beeman’s appeal from a denial of his motion for a new trial as a petition for writ of certiorari and granting the writ, we find no illegality or abuse of discretion in the district court’s denial of Beeman’s motion for a new trial, and we annul the writ of certiorari.   

Case No. 20-1353:  McKinnon Q. Pangburn v. Rookies, Inc. d/b/a Rookies Sports Bar

Filed Oct 20, 2021

View Opinion No. 20-1353

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (13 pages)

            McKinnon Q. Pangburn filed a dram shop claim and a premise liability claim against Rookies Sports Bar after he was assaulted in the bar’s parking lot.  Rookies moved for summary judgment on both claims, which the district court granted.  OPINION HOLDS: Pangburn presented a genuine issue of material fact with regard to the dram shop claim.  But he failed to establish premise liability as a matter of law.  So we affirm in part, reverse in part, and remand for trial.

Case No. 20-1548:  State of Iowa v. Aubree Kay Bowers

Filed Oct 20, 2021

View Opinion No. 20-1548

            Appeal from the Iowa District Court for Linn County, Russell G. Keast and Casey D. Jones, District Associate Judges.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J. (9 pages)

            Aubree Bowers appeals her conviction of operating while intoxicated.  She challenges the district court’s denial of her motion to suppress evidence obtained as a result of a traffic stop and the sufficiency of the evidence supporting her conviction.  OPINION HOLDS: We affirm the denial of Bowers’s motion to suppress and find the evidence sufficient to support her conviction.

Case No. 20-1585:  State of Iowa v. Rhonda S. Dawson

Filed Oct 20, 2021

View Opinion No. 20-1585

            Appeal from the Iowa District Court for Polk County, Celene Gogerty and David M. Porter, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J. (4 pages)

            Dawson appeals from her conviction of third-degree burglary.  She argues that the repository she burgled should have been considered a motor vehicle, lowering her conviction from a class “D” felony to an aggravated misdemeanor.  OPINION HOLDS: The burgled vehicle was not a motor vehicle because it was not self-propelled.  We affirm the lower court’s finding. 

Case No. 20-1610:  In re the Marriage of Nelson

Filed Oct 20, 2021

View Opinion No. 20-1610

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Tabor, P.J.  (12 pages)

            Mick Nelson appeals the district court’s denial of a retroactive reduction in his child support obligation to Julie Nelson contending the “step-down” provision of the decree is “self-executing.”  He also contests the order that he pay a portion of his youngest child’s uncovered orthodontia expenses.  OPINION HOLDS: We find the order was not “self-executing,” and Mick owes Julie unpaid child support.  He also owes her for his portion of the orthodontia expenses.  We also grant attorney fees to Julie in the amount of $8000. 

Case No. 20-1671:  In the Matter of Property Seized for Forfeiture from Barbara J. Kavars

Filed Oct 20, 2021

View Opinion No. 20-1671

            Appeal from the Iowa District Court for Worth County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (12 pages)

            Barbara Kavars filed applications for the return of 154 dogs and two cats taken from her property on November 12, 2018.  The district court denied the applications, finding Kavars was not the owner of the animals as a result of a 2018 relinquishment agreement and a prior court ruling of disposition.  Kavars appeals.  OPINION HOLDS: We affirm.

Case No. 21-0070:  In the Interest of K.D. and B.D., Minor Children

Filed Oct 20, 2021

View Opinion No. 21-0070

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father appeals the termination of his parental rights as to his two minor children.  OPINION HOLDS: Due to a missed deadline in advancing his appeal and a lack of extenuating circumstances, we lack jurisdiction to hear the appeal and are required to dismiss it.

Case No. 21-0246:  In the Interest of N.E., Minor Child

Filed Oct 20, 2021

View Opinion No. 21-0246

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  Special Concurrence by Schumacher, J.  (12 pages)

            A mother appeals the termination of her parental rights, asserting the State failed to prove the child could not be returned to her care.  OPINION HOLDS: We find clear and convincing evidence the child could not be returned to the mother’s care and affirm.  SPECIAL CONCURRENCE ASSERTS: I concur in the majority opinion but write separately to emphasize additional supporting points for such result.

Case No. 21-0313:  In the Interest of K.D., Minor Child

Filed Oct 20, 2021

View Opinion No. 21-0313

            Appeal from the Iowa District Court for Scott County, Korie L. Talkington, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the juvenile court decision terminating his parental rights in a private termination proceeding.  OPINION HOLDS: There is clear and convincing evidence to show the father abandoned the child and termination of his parental rights is in the child’s best interests.  We affirm the decision of the district court.

Case No. 21-0418:  Jessica K. Lagatta v. Brandon B. Kettler

Filed Oct 20, 2021

View Opinion No. 21-0418

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED AS MODIFIED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (16 pages)

            Brandon Kettler appeals from the ruling on his petition to modify provisions of the decree dissolving his marriage to Jessica Kettler.  Brandon argues: (1) his visitation with the parties’ children should increase; (2) he should remain responsible for the children’s health insurance; (3) his obligations to undergo drug screens and to provide drug test results and mental-health reports to Jessica should terminate after a specified time; and (4) Jessica should not be allowed to suspend his visitation without seeking court approval.  Both parties request appellate attorney fees.  OPINION HOLDS: We modify the ruling to suspend Brandon’s parenting time for two months following a positive drug test.  Due to ongoing concerns about Brandon’s mental health and substance abuse, we otherwise affirm the modification ruling and deny the requests for appellate attorney fees.

Case No. 21-0507:  In the Interest of L.J., Minor Child

Filed Oct 20, 2021

View Opinion No. 21-0507

            Appeal from the Iowa District Court for Polk County, Kimberly S. Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A father appeals the termination of his parental rights to his child, born in 2020.  He argues (1) the State failed to prove two of the three grounds for termination cited by the district court; (2) termination was not in the child’s best interests; and (3) the court should have granted an exception to termination.  OPINION HOLDS: We affirm the district court’s termination of the father’s parental rights to the child.

Case No. 21-0746:  In the Interest of R.A., R.A., and J.W., Minor Children

Filed Oct 20, 2021

View Opinion No. 21-0746

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established statutory grounds authorizing termination, and termination is in the children’s best interests.

Case No. 21-0806:  In the Interest of J.V., A.V. and A.V.

Filed Oct 20, 2021

View Opinion No. 21-0806

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A mother and father separately appeal from the termination of their parental rights.  The mother contends (1) the State failed to prove the child could not be returned to her care; (2) termination was not in the child’s best interests; and (3) the district court should have invoked an exception to termination based on the parent-child bond.  The father (1) challenges the State’s evidence supporting the grounds for termination, including proof that adjudicatory harm still existed; (2) argues termination was not in the children’s best interests; and (3) challenges the State’s failure to provide and file certain documents before the State filed its termination-of-parental-rights petition.  OPINION HOLDS: We affirm.

Case No. 21-0987:  In the Interest of K.B., Jr., Minor Child

Filed Oct 20, 2021

View Opinion No. 21-0987

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (6 pages)

            A mother appeals the termination of her parental rights.  She argues the State failed to prove the grounds for termination by clear and convincing evidence and that it is not in the child’s best interests to terminate her rights due to the closeness of the child’s bond with the mother and half-siblings.  OPINION HOLDS: On our de novo review of the record, we find the State proved that the child could not be returned to the mother’s care at the time of termination by clear and convincing evidence.  Although the mother desires to parent the child, the record reveals that she is not yet able to consistently provide for the child’s wellbeing.  Even though the mother and child share a bond, it is not so strong that termination would be detrimental to the child. 

Case No. 21-0989:  In the Interest of C.L., B.B., and H.B., Minor Children

Filed Oct 20, 2021

View Opinion No. 21-0989

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

            A father and one of his children appeal the termination of the father’s parental rights.  OPINION HOLDS: We conclude the grounds for termination have been established, a six-month extension is not warranted, and termination is in the best interests of the children.  We affirm.

Case No. 21-1046:  In the Interest of C.R.

Filed Oct 20, 2021

View Opinion No. 21-1046

            Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (6 pages)

            A mother appeals the termination of her parental rights to her one-year-old child, challenging only the statutory grounds for termination.  OPINION HOLDS: Despite years of services, the child could not be returned to his mother’s care at the time of the termination hearing.  Thus, we find clear and convincing evidence to support termination under Iowa Code section 232.116(1)(h) (2021) and affirm. 

Case No. 21-1097:  In the Interest of J.O., Minor Child

Filed Oct 20, 2021

View Opinion No. 21-1097

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  MOTHER’S APPEAL AFFIRMED; FATHER’S APPEAL REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Nichole and David separately appeal the termination of their parental rights to a three-year-old son.  Both allege that severing their legal relationship with their son is not in his best interests and ask us to reverse claiming he is in the legal custody of his maternal grandmother.  In the alternative, both parents ask for more time for reunification.  Nichole asks us to consider placing the child in a guardianship with her mother.  OPINION HOLDS: We reach different results for each parent.  We affirm termination of Nichole’s parental rights.  But we find delaying permanency for six months would provide enough time for David to meet expected behavioral changes that would eliminate the need for the child’s removal.  We reverse and remand as to David. 

Case No. 21-1120:  In the Interest of K.R., Minor Child

Filed Oct 20, 2021

View Opinion No. 21-1120

            Appeal from the Iowa District Court for Harrison County, Jennifer Bahr, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (3 pages)

            A father appeals a permanency order in a child-in-need-of-assistance proceeding setting the permanency goal as establishment of a guardianship in maternal relatives.  OPINION HOLDS: We find the father’s arguments insufficient to facilitate appellate review, deem them waived, and affirm.

Case No. 21-1122:  In the Interest of E.K., Minor Child

Filed Oct 20, 2021

View Opinion No. 21-1122

            Appeal from the Iowa District Court for Clayton County, Linnea M. N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (11 pages)

            L.K. appeals the termination of her parental rights.  She argues the State did not prove her child could not be returned to her care, termination is not in the child’s best interests, and termination will be detrimental because of the closeness of her and her child’s bond.  OPINION HOLDS: The State did meet its statutory burden to prove the child could not be returned to the mother at the time of termination.  Termination is in the best interests of the child.  Termination will not be detrimental due to the closeness of the bond between L.K. and her child.  We affirm the termination of L.K.’s parental rights. 

Case No. 21-1144:  In the Interest of K.J., Minor Child

Filed Oct 20, 2021

View Opinion No. 21-1144

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals the district court order terminating her parental rights. OPINION HOLDS: Termination of the mother’s parental rights is supported by clear and convincing evidence, the mother should not be granted an extension of time, termination is in the child’s best interests, and none of the exceptions to termination should be applied.  We affirm the termination of the mother’s parental rights.

Case No. 19-1393:  David Errol Willock v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 19-1393

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Schumacher, J., and Vogel and Doyle, S.J.J.  Opinion by Vogel, S.J.  (5 pages)

            David Willock appeals the denial of his second petition for postconviction relief.  OPINION HOLDS: We reject Willock’s claims as untimely and find no structural error in his counsel’s representation.

Case No. 19-1692:  State of Iowa v. Markell Dishe Price

Filed Oct 06, 2021

View Opinion No. 19-1692

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            Markell Price appeals from his convictions of second-degree murder and third-degree robbery.  Price challenges (1) the sufficiency of the evidence supporting his convictions, (2) the district court’s evidentiary ruling excluding a 911 call in which another person made incriminating statements about the murder, and (3) the court’s denial of his Batson challenge when the State used a peremptory strike on a Black potential juror.  OPINION HOLDS: Price failed to preserve error on either his sufficiency-of-the-evidence claims or his evidentiary challenge, so we do not reach the merits of those issues.  On de novo review, we affirm the district court’s denial of Price’s Batson challenge.  We affirm both of Price’s convictions.

Case No. 19-1877:  Ricky Joe Blodgett v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 19-1877

            Appeal from the Iowa District Court for Mahaska County, John G. Linn, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Ricky Joe Blodgett appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Blodgett’s entire application is barred by the statute of limitations, we affirm the denial of his application.  We do not reach his additional pro se claims.

Case No. 19-1937:  State of Iowa v. Alf Freddie Clark

Filed Oct 06, 2021

View Opinion No. 19-1937

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (13 pages)

            Alf Freddie Clark appeals his convictions for first-degree murder, attempted murder, and felon in possession of a firearm.  OPINION HOLDS: Clark fails to establish a violation of his due process rights based on prosecutorial misconduct or a violation of his right to confrontation based on admission of the deposition of a witness who was unavailable at trial.  We affirm Clark’s convictions.

Case No. 19-1964:  State of Iowa v. Michael S. Heck

Filed Oct 06, 2021

View Opinion No. 19-1964

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            Michael Shawn Heck appeals his conviction of assault causing bodily injury.  He contends substantial evidence does not support the conviction and his attorney was ineffective in failing to object to a jury instruction.  OPINION HOLDS: We find substantial evidence supports the verdict.  We are without authority to hear the ineffective-assistance-of-counsel claim in this direct appeal.  We affirm.

Case No. 19-1988:  Christopher L. McAfee v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 19-1988

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Christopher McAfee was convicted of invasion of privacy and assault.  He was required to register as a sex offender.  In his application for postconviction relief, McAfee argues trial counsel was ineffective for failing to notify him about the registration requirement.  OPINION HOLDS: McAfee did not show that his counsel performed deficiently.  We affirm.

Case No. 20-0127:  Robert Edward Sinn v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 20-0127

            Appeal from the Iowa District Court for Henry County, John M. Wright, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer and Schumacher, JJ.  Opinion by Greer, J.  Special Concurrence by Vaitheswaran, P.J.  (11 pages)

            Robert Sinn appeals the denial of postconviction relief following a conviction of sexual abuse in the third degree.  He maintains his trial counsel provided ineffective assistance of counsel by not moving for suppression based on lack of Miranda warnings.  OPINION HOLDS: Sinn was not entitled to Miranda warnings in his conversations with officers before arrest because he was not in custody at the time, and so a suppression challenge would have been meritless.  Counsel did not breach an essential duty.  We affirm the district court’s dismissal of Sinn’s claim for postconviction relief.  SPECIAL CONCURRENCE ASSERTS: An assistant police chief testified a deputy told him Sinn “was a suspect of his” and “to stay with [Sinn] until he got there.”  The police chief’s testimony supports a determination that Sinn was in custody.  But even if counsel had a duty to file a suppression motion, I would find an absence of Strickland prejudice.  Accordingly, I too, would affirm the denial of Sinn’s postconviction-relief application.

Case No. 20-0233:  The Estate of Anthony J. Zdroik, Deceased, by Trishann W. Zdroik, Personal Representative v. Iowa Southern Railway Company, Brian Ostrowski, John Ostrowski, Steven Runstrom and Phil Gliniecki

Filed Oct 06, 2021

View Opinion No. 20-0233

            Appeal from the Iowa District Court for Appanoose County, Gregory G. Milani, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (14 pages)

            Defendants appeal several rulings by the district court on summary judgment with regard to various claims of negligence brought by the Estate of Anthony J. Zdroik.  OPINION HOLDS: We conclude there is a genuine issue of material fact as to the status of Brian Ostrowski and John Ostrowski within the limited liability company.  Because the district court resolved the co-employee issue based on election of coverage under Iowa Code section 85.1A and 86.61(11)(c)(5) (2018) rather than their employer status under 86.61(2), we reverse the denial of summary judgment and remand for reconsideration of the issue under section 85.61(2).  If the Ostrowskis are deemed to be co-employees, the court may examine whether one or more of the elements of gross negligence were satisfied as a matter of law.  We reverse the denial of summary judgment as to Steven Runstrom and Phil Gliniecki on the gross negligence claims and remand for entry of judgment of dismissal against them.  We reverse the denial of summary judgment as to Iowa Southern Railway Company on the negligence per se claim and remand for dismissal of the railroad.

Case No. 20-0246:  State of Iowa v. Terrence Martez Gordon

Filed Oct 06, 2021

View Opinion No. 20-0246

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (4 pages)

            Terrence Gordon appeals his conviction for failure to appear.  OPINION HOLDS: The marshalling instruction accurately stated the law.  We cannot overturn State v. Jackson, 488 N.W.2d 701 (Iowa 1992).  We are prohibited from considering Gordon’s ineffective-assistance claims on direct appeal by Iowa Code section 814.7 (2019).

Case No. 20-0296:  Capital Ideas, LLC v. Springboard Advertising LLC

Filed Oct 06, 2021

View Opinion No. 20-0296

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  REVERSED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (15 pages)

            Capital Ideas, LLC and Michael Woody appeal a money judgment in favor of Springboard Advertising LLC and Christina Amys.  Springboard and Amys cross appeal.  OPINION HOLDS: 1. The district court erred in denying Capital Ideas and Woody’s motion for judgment notwithstanding the verdict as to Springboard and Amys’s defamation per se claim.  2. The district court was correct to conclude Woody’s statement that Amys had “no ethics” was protected opinion.  3. The district court did not abuse its discretion by disallowing Springboard and Amys’s proposed amendments to their pleadings.

Case No. 20-0311:  David M. Boggs v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 20-0311

            Appeal from the Iowa District Court for Cass County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by May, J.  (2 pages)

            David Boggs appeals an order denying his motion to extinguish his restitution obligation.  OPNION HOLDS: We affirm without opinion.

Case No. 20-0481:  Robert David Johnston Jr. v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 20-0481

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

            Robert Johnston Jr. appeals the summary disposition of his application for postconviction relief (PCR) on statute-of-limitations grounds.  OPINION HOLDS: We affirm the denial of Johnston’s PCR application.

Case No. 20-0554:  State of Iowa v. Keygan Shayne Egdorf

Filed Oct 06, 2021

View Opinion No. 20-0554

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Keygan Egdorf appeals his sentence and restitution for his conviction for theft in the second degree.  OPINION HOLDS: The district court did not consider an improper factor in sentencing, and we thus find no abuse of discretion in the court’s sentence.  The court erred in delaying a determination of Egdorf’s reasonable ability to pay restitution, and we reverse the delay and remand to provide Egdorf with an opportunity to obtain this determination.

Case No. 20-0560:  Brian Kelly Allison v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 20-0560

            Appeal from the Iowa District Court for Keokuk County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            Brian Allison appeals from the denial of his second application for postconviction relief (PCR).  He argues (1) the district court wrongly concluded his first PCR appellate counsel did not provide ineffective assistance in declining to raise an issue on appeal and (2) the district court should have found a change in law about expert testimony and bolstering credibility rendered certain trial testimony inadmissible and warrants a new trial.  OPINION HOLDS: Allison’s trial counsel did not breach an essential duty in deciding not to attack a witness’s credibility with allegations that witness perpetrated sexual abuse, so Allison’s first PCR appellate counsel had no reason to challenge the first PCR court’s ruling on appeal.  And State v. Dudley, 856 N.W.2d 668 (Iowa 2014) did not announce a new ground of law, so Allison’s second claim also fails.  We affirm the denial of Allison’s second PCR application.

Case No. 20-0639:  Zachary Paul Huber v. Iowa District Court for Polk County

Filed Oct 06, 2021

View Opinion No. 20-0639

Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  WRIT ANNULLED.  Heard by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

Zachary Huber appeals the extension of a no-contact order prohibiting him from contacting his former wife.  OPINION HOLDS: We find the district court appropriately considered Huber’s motives as they related to his credibility.  The district court did not err in considering the events leading to Huber’s conviction, nor did it err in finding he failed to meet his burden of proof.  The district court did not err in finding Huber failed to meet his burden of proving he no longer posed a threat to the protected party.  Accordingly, we affirm.

Case No. 20-0641:  State of Iowa v. William Braxton McCarroll

Filed Oct 06, 2021

View Opinion No. 20-0641

            Appeal from the Iowa District Court for Washington County, Shawn Showers, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            William McCarroll appeals his judgment and sentence following his written guilty plea to felony eluding and operating while intoxicated, first offense.  He raises several ineffective‑assistance-of-counsel claims in challenging his guilty plea and sentence.  OPINION HOLDS: Because we lack authority to decide McCarroll’s claims under Iowa Code sections 814.6 and 814.7 (2020), we must dismiss his appeal. 

Case No. 20-0652:  State of Iowa v. James Dow Flanagan

Filed Oct 06, 2021

View Opinion No. 20-0652

            Appeal from the Iowa District Court for Polk County, Christopher Kemp and Carol L. Coppola, District Associate Judges.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Greer, and Schumacher, JJ.  Opinion by Tabor, P.J.  Dissent by Greer, J.  (21 pages)

            James Dow Flanagan was pulled over because his passenger was not wearing her seat belt.  As the trooper processed the seat belt violation, he launched a collateral operating-while-intoxicated investigation into Flanagan.  On appeal, Flanagan seeks to suppress the fruits of the stop, arguing that the state trooper improperly expanded the stop’s duration and scope.  OPINION HOLDS: The trooper unlawfully extended the stop’s duration by placing Flanagan in his patrol car and investigating collateral matters despite lacking reasonable suspicion.  So we reverse the conviction and remand.  DISSENT ASSERTS: I dissent from the majority's conclusion that the traffic stop was extended without sufficient cause and would affirm the denial of the motion to suppress.  In my view, this case falls into a category where a traffic-violation stop leads to the officer recognizing a strong possibility of other criminal activity justifying further investigation.  I find nothing wrong with asking Flanagan to move to the patrol car and the investigation into his impairment that followed. 

Case No. 20-0695:  John Gipson v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 20-0695

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

            John Gipson appeals the summary dismissal of his fifth application for postconviction relief (PCR).  OPINION HOLDS: Because Gipson does not identify which of his claims should have survived summary dismissal, and we decline to take on a partisan role of sifting through his claims to develop an argument, we affirm the summary dismissal.  The PCR court did not abuse its discretion in declining to appoint Gipson counsel.

Case No. 20-0715:  Robert Tolle v. Rickey Tolle

Filed Oct 06, 2021

View Opinion No. 20-0715

            Appeal from the Iowa District Court for Boone County, Gina C. Badding, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Badding, J. takes no part.  Opinion by Schumacher, J.  (8 pages).

            Rickey Tolle appeals the partition plan adopted by the district court.  Robert Tolle cross-appeals, contending the court erred in conditioning owelty payments on the removal of a junk pile.  Robert also argues the court erred in its division of costs and refusing to award him attorney fees.  OPINION HOLDS: We find the court did not err in its partition of the property, the award of payments for removal of the junk pile, the division of costs, or declination of attorney fees.  Accordingly, we affirm.  

Case No. 20-0825:  State of Iowa v. Jeffrey Juergens

Filed Oct 06, 2021

View Opinion No. 20-0825

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (12 pages)

            Jeffrey Juergens appeals his convictions of lascivious acts with a child by solicitation and indecent exposure.  He argues the district court erred by admitting hearsay evidence.  OPINION HOLDS: The child protective center video was properly admitted under the residual exception to the hearsay rule.  The parents’ testimony of the child’s out-of-court statements was cumulative of other admitted testimony.  And a pediatrician’s testimony to the child’s out-of-court statements was properly admitted under the medical-treatment rule.

Case No. 20-0884:  Robert Davis v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 20-0884

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (5 pages)

            Robert Davis appeals from the summary dismissal of his third application for postconviction relief (PCR) following his 2008 convictions of two counts of second-degree sexual abuse and four counts of third-degree sexual abuse.  On appeal, Davis argues summary dismissal of his third PCR application was not appropriate because he needed trial to develop his Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018) claims.  In the alternative, Davis argues the district court should have considered the merits of his claims because the three-year statute of limitations on PCR actions is an unconstitutional suspension of habeas corpus.  OPINION HOLDS: We have repeatedly held third PCR applications do not fall within the narrow exception outlined in Allison and binding supreme court precedent establishes the three-year statute of limitations is not an unconstitutional suspension of habeas corpus.  We affirm.

Case No. 20-0915:  State of Iowa v. Kevin Jerome Arnold

Filed Oct 06, 2021

View Opinion No. 20-0915

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., Badding, J, and Doyle, S.J.  Opinion by Badding, J. (11 pages)          

            The defendant appeals the district court’s denial of his motion to discharge his probation ten years after the period of probation expired.  OPINION HOLDS: Because we find the district court failed to exercise its discretion in summarily denying the motion, we reverse and remand for further proceedings.

Case No. 20-0926:  LaForest Bennett v. State of Iowa

Filed Oct 06, 2021

View Opinion No. 20-0926

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Laforest Bennett argues that at the critical time, his counsel failed to challenge the district court’s finding of competency and the acceptance of his guilty pleas.  He raises this issue in a postconviction-relief (PCR) format.  On appeal from the denial of his PCR application, he argues the district court failed to make findings regarding if he was restored to competency.  And Bennett urges that his trial counsel should have raised the issue in any event because he was not competent to plead guilty.  OPINION HOLDS: Because of the competency determination made shortly before the plea proceeding, we find Bennett’s trial counsel was not ineffective for failing to challenge the plea or raise issues of Bennett’s competency.

Case No. 20-0941:  Frances Kozik and Virgil Kozik v. Iowa Department of Transportation

Filed Oct 06, 2021

View Opinion No. 20-0941

            Appeal from the Iowa District Court for Benton County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Frances Kozik and Virgil Kozik (the Koziks) appeal the district court decision dismissing their appeal of a compensation commission’s award due to untimely service of the notice of appeal on the Iowa Department of Transportation.  OPINION HOLDS: The Koziks have not shown good cause for the delay in proper service.  We affirm the decision of the district court.

Case No. 20-0962:  Timothy L. Jackson and Judith Ann Jackson v. FYE Excavating, Inc.

Filed Oct 06, 2021

View Opinion No. 20-0962

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Timothy and Judith Jackson appeal the district court order granting summary judgment to Fye Excavating, Inc. on its defense of res judicata.  OPINION HOLDS: Because the Jacksons are not entitled to a “second bite” at litigation on their claims related to the loss of trees on their property, we affirm the grant of summary judgment.  

Case No. 20-1054:  Lyle Dumont and Helen Dumont v. Quincy Place Holdings LLC, Lexington Realty International, LLC, and Michael Nelson, d/b/a QPM Property Maintenance & Janitorial

Filed Oct 06, 2021

View Opinion No. 20-1054

            Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            Lyle and Helen Dumont appeal the district court’s grant of summary judgment for the defendants.  They allege the court failed to appropriately weigh the evidence in their favor as the non-moving party.  OPINION HOLDS: We find there is inadequate evidence in the record to support generate a prima facie case for negligence.  Summary judgment was appropriate.  We affirm the district court.  

Case No. 20-1124:  Elizabeth Downing and Marcella Berry, as Co-Administrators of the Estate of Linda Berry v. Paul Grossman, and Catholic Health Initiatives Iowa, Corp. d/b/a Mercy Medical Center, Mercy Medical Center West Lakes, and Mercy Surgical Affiliates

Filed Oct 06, 2021

View Opinion No. 20-1124

            Appeal from the Iowa District Court for Polk County, David Porter, Judge. REVERSED AND REMANDED.  Considered by Bower, C.J. and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (14 pages)

            The co-administrators of the estate of Linda Berry appeal the grant of summary judgment in favor of the defendants.  The defendants assert the action is time-barred by the statute of repose.  OPINION HOLDS: This appeal is timely because Linda’s estate filed a timely notice of appeal following the ruling on the Iowa Rule of Civil Procedure 1.904(2) motion.  Because we find a genuine issue of material fact over whether Linda’s estate’s claim of fraudulent concealment defeats the defendants’ statute-of-repose defense, we reverse the district court’s grant of summary judgment and remand for further proceedings.

Case No. 20-1146:  Cooley Pumping, LLC v. Greg Melcher and Lisa Melcher

Filed Oct 06, 2021

View Opinion No. 20-1146

            Appeal from the Iowa District Court for Grundy County, David P. Odekirk, Judge.  AFFIRMED AND REMANDED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (22 pages)

            Greg and Lisa Melcher appeal a district court order in favor of Cooley Pumping, LLC, related to the design and installation of their septic system.  The Melchers raised several issues on appeal including arguments that the district court applied incorrect legal standards, newly discovered evidence should have led to a new trial, and the district court made multiple errors in awarding attorney fees and costs.  OPINION HOLDS: On our review of the record, we find the district court applied the correct standard of compliance to the contractual issues presented and substantial evidence was presented to support the conclusion that Cooley Pumping substantially performed the terms of the contract.  Cooley Pumping’s substantial performance was appropriately considered as a defense to the Melchers’ counterclaims.  Furthermore, we agree with the district court’s denial of motions for new trial because there was no newly discovered evidence that existed at the time of trial to support a motion, no prejudice resulted from the late designation of an expert witness, and substantial justice was done between the parties.  Finally, we find no abuse of discretion in the district court’s calculation or award of attorney fees or costs.  We remand for a determination of appellate attorney fees. 

Case No. 20-1202:  Zachary Tew v. Sparboe Farms, Inc. and Nationwide Agribusiness Insurance Co.

Filed Oct 06, 2021

View Opinion No. 20-1202

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            Zachary Tew appeals the denial of his claim for worker’s compensation benefits from Sparboe Farms, Inc. and Nationwide Agribusiness Insurance Co.  OPINION HOLDS: Because the commissioner’s application of law to fact was not irrational, illogical, or wholly unjustifiable and  substantial evidence supports the commissioner’s final decision, we affirm.

Case No. 20-1242:  In re the Marriage of McKee

Filed Oct 06, 2021

View Opinion No. 20-1242

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (10 pages)

            Robert McKee appeals an order modifying the decree dissolving his marriage to Mandy McKee.  OPINION HOLDS: Mandy did not meet her substantial burden for a modification of child custody.  The district court did not err in denying Robert’s application for contempt or determining Robert’s gross income.  But we remand to recalculate Robert’s child support obligation. 

Case No. 20-1279:  In the Matter of the Estate of Keith Dale Sasseen, Deceased

Filed Oct 06, 2021

View Opinion No. 20-1279

            Appeal from the Iowa District Court for Wapello County, Myron L. Gookin, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            Michelle Alm and D’An Sasseen, beneficiaries of the Estate of Keith Sasseen, appeal the order overruling their objections to the inventory and final report of its executor, Barbara Sasseen.  Relying upon a premarital agreement between Keith and Barbara, they contest Barbara’s claim of survivorship rights with regard to two joint bank accounts.  OPINION HOLDS: Because Michelle and D’An failed to show substantial extrinsic evidence to rebut the presumption in favor of finding the accounts are held in joint tenancy with right of survivorship, we affirm.

Case No. 20-1301:  State of Iowa v. Adam Donald Oscar Melchert

Filed Oct 06, 2021

View Opinion No. 20-1301

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            Adam Melchert appeals from his conviction for operating while intoxicated.  He argues he did not voluntarily refuse chemical testing because he was not informed his refusal would prohibit him from requesting a deferred judgment if convicted.  He also argues Iowa Code section 907.3(1)(a)(6)(d) (2019) violates his state and federal constitutional rights to equal protection.  OPINION HOLDS: Police were not required to inform Melchert that he would not be able to request a deferred judgment if he chose to refuse testing.  With respect to Melchert’s equal protection challenge to section 907.3(1)(a)(6)(d), those who consent to testing and those who refuse testing are not similarly situated.  So the challenge fails.

Case No. 20-1320:  Jay Driesen, Substitute Petitioner for Cindy Davis v. Katherine Kerr-Davis

Filed Oct 06, 2021

View Opinion No. 20-1320

            Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            Cindy Davis appeals the order dismissing a petition for relief from elder abuse filed on her behalf by a substitute petitioner.  OPINION HOLDS: I. Because Cindy is the party in interest and participated in the proceedings below, we deny the motion to dismiss for lack of jurisdiction.  II. Cindy does not meet the definition of a “vulnerable elder” under Iowa Code chapter 235F (2020).  Because the petition does not show a right of recovery under any state of facts, we affirm its dismissal. 

Case No. 20-1375:  R.M. v. D.S.

Filed Oct 06, 2021

View Opinion No. 20-1375

            Appeal from the Iowa District Court for Buchanan County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer, and Badding, JJ.  Opinion by Tabor, P.J.  (19 pages)

            D.S. appeals the imposition of a protective order for relief from sexual abuse under Iowa Code chapter 236A (2020).  The fourteen-year-old protected person did not testify at the hearing.  So D.S. argues the evidence provided by the protected person’s mother and a nurse practitioner was hearsay and improper vouching.  D.S. also argues the court admitted a photograph of a Snapchat message without proper foundation.  And he argues there was not enough evidence to justify the protective order.  OPINION HOLDS: We find the court did not err or abuse its discretion in its evidentiary rulings.  And we agree there is substantial evidence to support the court’s conclusion a protective order was warranted.  So we affirm.

Case No. 20-1380:  State of Iowa v. Kenneth Azure

Filed Oct 06, 2021

View Opinion No. 20-1380

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J. (6 pages)

            Kenneth Azure appeals his conviction for second-degree theft.  OPINION HOLDS: I. Substantial evidence shows Azure knew the vehicle he was found in possession of after a high-speed chase was stolen.  II. We are unable to consider Azure’s ineffective-assistance claim because he appealed after the statutory amendment eliminating a defendant’s ability to pursue ineffective-assistance claims on direct appeal took effect.  III. We reject his invitation to adopt the plain error rule.

Case No. 20-1383:  In re the Marriage of Rummels

Filed Oct 06, 2021

View Opinion No. 20-1383

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (6 pages)

            Kelvin Rummels appeals the decree dissolving his marriage to Belita.  He challenges the award of spousal support and attorney fees arguing he is unable to pay those amounts.  OPINION HOLDS: Recognizing the district court is in the best position to balance the needs of the divorcing spouses, we find the calculations were fair to both parties.  We affirm.

Case No. 20-1427:  Rebekka Elizabeth Luebbers v. Gerhard Austin Luebbers

Filed Oct 06, 2021

View Opinion No. 20-1427

            Appeal from the Iowa District Court for Johnson County, Kevin Mckeever, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Greer, J.  (9 pages)

            Gerhard Austin Luebbers (Austin) appeals from a protective order following a finding of domestic abuse assault against his wife, Rebekka.  Austin argues the district court was wrong to believe Rebekka’s version of events and that she failed to prove the specific intent necessary for assault.  OPINION HOLDS: We place weight on the lower court’s credibility findings.  Rebekka’s version of events amounts to assault.  However, Austin’s telling would also allow for a finding of assault.  We affirm the district court’s findings and the resulting protective order.

Case No. 20-1501:  Kay Cooley v. Aaron Cooley

Filed Oct 06, 2021

View Opinion No. 20-1501

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (13 pages)

            In the midst of a dissolution, the husband appeals from a temporary support order that used his averaged income to calculate his child-support obligation, deviated from the child support guidelines, did not credit him with a health-insurance deduction, and gave him responsibility for all health insurance and uncovered medical expenses of his minor child, adult child, and wife.  OPINION HOLDS: The husband’s income determination was equitable, but the deviation from the child support guidelines was inappropriate and should be corrected on remand.  He shall maintain health insurance for his wife and minor child and any uncovered medical expenses for either should be paid out of the health savings account.  When that account runs out of funds, the first $250 should be paid by the mother and then the child’s expenses should be split proportionately by the parents’ incomes.  The wife should cover her own additional expenses.  The husband is not responsible for the insurance and uncovered medical expenses of his adult child.

Case No. 20-1503:  State of Iowa v. Jaymes Anthony Stark

Filed Oct 06, 2021

View Opinion No. 20-1503

            Appeal from the Iowa District Court for Lee (South) County, John M. Wright, Judge.  REVERSED AND REMANDED.  Considered by Tabor P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (11 pages)

            Jaymes Anthony Stark challenges his conviction of third-degree burglary as a habitual offender.  On appeal, Stark argues that his incriminatory statements should have been suppressed.  OPINION HOLDS: When Stark made his statements, he was subjected to custodial interrogation by Keokuk police.  His suppression motion was wrongfully denied.  So we reverse and remand for a new trial.

Case No. 20-1659:  In re the Marriage of Cornelsen

Filed Oct 06, 2021

View Opinion No. 20-1659

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Bradley Cornelsen appeals from the decree on his petition to modify physical care and visitation of his children with Melissa Cornelsen.  OPINION HOLDS: The parties reached a settlement during trial.  Finding the amended decree simply approves and memorializes the parties’ agreement, we affirm the district court.

Case No. 20-1673:  State of Iowa v. Michael Beard

Filed Oct 06, 2021

View Opinion No. 20-1673

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., Doyle, S.J.  Opinion by Tabor, P.J.  (4 pages)

            Michael Beard appeals, arguing his consecutive sentences for four counts of sexual abuse were excessive.  OPINION HOLDS: The district court acted within its discretion.  We affirm.

Case No. 20-1732:  State of Iowa v. Nelson Sierra Hernandez

Filed Oct 06, 2021

View Opinion No. 20-1732

            Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge.  WRIT SUSTAINED, CASE REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (3 pages)

            Nelson Hernandez appeals an order for restitution following his criminal convictions.  He argues the district court violated his due process rights by ordering him to pay restitution of $593.80 in costs and $125.00 in surcharges without holding a hearing on his reasonable ability to pay and erred in reopening the record on the issue of restitution.  OPINION HOLDS: We vacate the court’s order determining Hernandez was reasonably able to pay $593.80 in costs, and we remand the matter to the district court to clarify that Hernandez is only responsible for items not subject to a reasonable-ability-to-pay determination—the surcharge and penalty—totaling $375.00.

Case No. 21-0146:  In the Interest of the Guardianship of P.M.

Filed Oct 06, 2021

View Opinion No. 21-0146

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A relative of the child appeals the district court’s denial of a permanent guardianship.  OPINION HOLDS: The relative failed to prove the elements necessary to establish a guardianship without parental consent, and accordingly we affirm.

Case No. 21-0161:  State of Iowa v. Jake Wallen

Filed Oct 06, 2021

View Opinion No. 21-0161

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Jake Wallen appeals from the sentences imposed by the district court, contending “[t]he district court abused its discretion when it ordered [him] to serve prison sentences.”  OPINION HOLDS: We affirm Wallen’s sentences.

Case No. 21-0242:  In the Interest of M.O. and Z.O., Minor Children

Filed Oct 06, 2021

View Opinion No. 21-0242

    Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Partial Dissent by Schumacher, J. (13 pages)

    A mother appeals adjudicatory and dispositional orders filed in a child-in-need-of-assistance proceeding.  She contends (1) the State failed to prove the grounds for adjudication cited by the district court; (2) the State failed to make reasonable reunification efforts; and (3) the district court should not have placed the children with their father.  OPINION HOLDS: We affirm the child-in-need-of-assistance adjudication under Iowa Code section 232.2(6)(c)(2) (2020).  We reverse the adjudication under Iowa Code sections 232.2(6)(b) and (n).  DISSENT ASSERTS: Clear and convincing evidence exists that the mother was “imminently likely to abuse or neglect” M.O. and Z.O. Accordingly, M.O and Z.O.’s adjudication pursuant to Iowa Code section 232.2(6)(b) should be affirmed. 

Case No. 21-0447:  State of Iowa v. David Ray Cox

Filed Oct 06, 2021

View Opinion No. 21-0447

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            David Cox appeals the district court’s revocation of his deferred judgment and imposition of a prison sentence, arguing the “district court abused its discretion by imposing a prison sentence after revoking [his] deferred judgment.”  OPINION HOLDS: We affirm the revocation and imposition of Cox’s sentence.

Case No. 21-0901:  In the Interest of F.K., G.K., and T.Y., Minor Children

Filed Oct 06, 2021

View Opinion No. 21-0901

            Appeal from the Iowa District Court for Greene County, Joseph McCarville, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A mother appeals a district court order terminating her parental rights.  OPINION HOLDS: We reject the mother’s claim that the district court improperly took judicial notice of a timeline submitted by the State. There is sufficient evidence in the record to support termination of the mother’s parental rights.  Termination is in the children’s best interests and none of the exceptions to termination should be applied.  We affirm the decision of the district court.

Case No. 21-0926:  In the Interest of K.R.-W., Minor Child

Filed Oct 06, 2021

View Opinion No. 21-0926

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother and father separately appeal from the termination of their parental rights to their child, K.R.-W., born in 2019.   Both contend the State failed to prove the grounds for termination cited by the juvenile court and the court erred by not placing the child in a guardianship with a maternal cousin.  The mother further contends the department of human services failed to make reasonable efforts toward reunification.  OPINION HOLDS: Upon our review, we affirm on both appeals.  

Case No. 21-0979:  In the Interest of Z.S.-J. and L.J., Minor Children

Filed Oct 06, 2021

View Opinion No. 21-0979

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (5 pages)

            A mother and a father separately appeal the termination of their parental rights, contending an exception exists to avoid termination.  OPINION HOLDS: We affirm on both appeals.

Case No. 21-1036:  In the Interest of K.M., P.B., and N.B., Minor Children

Filed Oct 06, 2021

View Opinion No. 21-1036

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the children’s best interests.  And the parent-child bonds should not preclude termination.

Case No. 21-1065:  In the Interest of J.B. and J.B., Minor Children

Filed Oct 06, 2021

View Opinion No. 21-1065

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A father appeals from a district court order terminating the father’s parental rights.  OPINION HOLDS: Clear and convincing evidence supports a statutory ground relied on by the district court, termination is in the children’s best interest, and a permissive exception should not be applied.  

Case No. 19-1228:  State of Iowa v. Dantreon Levon Newman

Filed Sep 22, 2021

View Opinion No. 19-1228

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            Dantreon Newman appeals following his guilty plea to lascivious acts with a child, claiming his trial counsel was ineffective in failing to request that he be “examined for competency” or use his “mental health state to assert a diminished capacity defense” and the district court “should have ordered a competency hearing.”  OPINION HOLDS: Upon our review, we affirm Newman’s conviction.

Case No. 19-1245:  State of Iowa v. Marco Carrillo

Filed Sep 22, 2021

View Opinion No. 19-1245

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J. (8 pages)

            Marco Carrillo appeals his convictions of two counts of sexual abuse in the second degree.  OPINION HOLDS: We have no authority to consider Carrillo’s ineffective-assistance claims.  The evidence presented at trial was sufficient to convince a rational jury of Carrillo’s guilt.  There is nothing clearly untenable or unreasonable with the district court’s evidentiary determinations leading to the admission of the video interview, and we find no abuse of discretion. 

Case No. 19-1377:  State of Iowa v. Charles David Brown

Filed Sep 22, 2021

View Opinion No. 19-1377

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Charles David Brown appeals after being found guilty of intimidation with a dangerous weapon, willful injury causing serious injury, possession of a firearm as a felon, and interference with official acts while armed with a firearm, all as a habitual offender.  Brown asserts his trial counsel was ineffective for failing to object to the testimony of a trial witness or, in the alternative, the court’s allowance of that testimony was plain error.  He argues the prohibition of consideration of ineffective-assistance-of-counsel claims on direct appeal violates various state and federal constitutional guarantees.  He also asserts the trial court abused its discretion in denying his motion to reopen the record.  OPINION HOLDS: We do not address the ineffective-assistance-of-counsel claim, plain error is not recognized by Iowa courts, and the trial court’s reasoning in denying the motion to reopen the record was neither untenable nor unreasonable.  We therefore affirm.

Case No. 19-1676:  Sean Edward Krier v. State of Iowa

Filed Sep 22, 2021

View Opinion No. 19-1676

            Appeal from the Iowa District Court for Louisa County, Mark Kruse, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Danilson and Doyle, S.J.J.  Opinion by Danilson, S.J.  (6 pages)

            Sean Krier appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We affirm the dismissal of Krier’s application. 

Case No. 19-1693:  Bobby Ray Woodberry v. State of Iowa

Filed Sep 22, 2021

View Opinion No. 19-1693

            Appeal from the Iowa District Court for Polk County, Sarah E. Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (2 pages)

            Bobby Woodberry’s fifth application for postconviction relief challenging his 1995 convictions for first-degree murder and assault with intent to commit serious injury was summarily dismissed by the district court.  Woodberry appeals, claiming the holding of State v. Allison, 914 N.W.2d 866 (Iowa 2018), should save his application from the statutory time-bar.  OPINION HOLDS: We do not apply the holding of Allison to fifth PCR applications.  We affirm.

Case No. 20-0051:  Milton Weir v. State of Iowa

Filed Sep 22, 2021

View Opinion No. 20-0051

            Appeal from the Iowa District Court for Warren County, Michael Jacobsen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (3 pages)

            Milton Weir appeals the dismissal of his second application for postconviction relief.  OPINION HOLDS: Weir’s second application for postconviction relief was untimely.  We adopt the district court’s rationale, affirm without further opinion, and deny all pro se motions.

Case No. 20-0148:  State of Iowa v. Bryan Holmes

Filed Sep 22, 2021

View Opinion No. 20-0148

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J. (3 pages)

            Bryan Holmes appeals his third-degree sexual-abuse convictions, claiming ineffective assistance of trial counsel.  OPINION HOLDS: Because Holmes appealed after the statutory amendment eliminating a defendant’s ability to pursue a claim of ineffective assistance on direct appeal took effect, we are without jurisdiction to consider the appeal.

Case No. 20-0280:  State of Iowa v. Jordan McKim Crawford

Filed Sep 22, 2021

View Opinion No. 20-0280

            Appeal from the Iowa District Court for Jefferson County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, JJ, and Doyle, S.J.  Opinion by Greer, J. (14 pages)

            Jordan McKim-Crawford appeals his conviction of armed robbery in the first degree and ongoing criminal conduct because of insufficient evidence.  Crawford argues the district court should have sustained their motion for judgment of acquittal because the State failed to prove that (1) he aided and abetted in the armed robbery, (2) he knew a gun would be used in the robbery, or (3) he was part of the ongoing enterprise of taking the stolen money to purchase marijuana for later sale.  OPINION HOLDS: Error was not preserved on armed robbery.  Error was preserved in part as to ongoing criminal conduct regarding the commission of a specified illicit act.  Substantial evidence was provided linking Crawford to the purchase and attempted sale of marijuana.  We affirm the district court’s holding.

Case No. 20-0359:  State of Iowa v. Walter Lee Miller, Jr.

Filed Sep 22, 2021

View Opinion No. 20-0359

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Walter Miller Jr. appeals his convictions for possession of methamphetamine, third or subsequent offense; failure to affix a drug tax stamp; and assault while displaying a dangerous weapon.  OPINION HOLDS: We find the district court did not abuse its discretion in granting defense counsel’s motion to withdraw on the ground that further representation of Miller would violate the rules of professional conduct.  Also, the court properly granted Miller’s request to waive his right to counsel and represent himself.  We affirm Miller’s convictions.

Case No. 20-0364:  State of Iowa v. Eric Joseph Ryan

Filed Sep 22, 2021

View Opinion No. 20-0364

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (2 pages)

            A jury convicted Eric Ryan of two counts of indecent contact with a child.  Ryan appeals, arguing only that his trial counsel provided ineffective assistance.  OPINION HOLDS: Because Iowa Code section 814.7 (2020) prevents us from deciding Ryan’s claims of ineffective assistance on direct appeal and he raises no other issues, we affirm. 

Case No. 20-0635:  James Dean Arneson v. State of Iowa

Filed Sep 22, 2021

View Opinion No. 20-0635

            Appeal from the Iowa District Court for Webster County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            James Arneson appeals the denial of his application for postconviction relief, claiming his trial counsel was ineffective in failing to challenge his consent to provide a DNA sample as involuntary.  OPINION HOLDS: We affirm the district court’s denial and dismissal of Arneson’s postconviction-relief application.

Case No. 20-0990:  State of Iowa v. Charles Andrew Tewes

Filed Sep 22, 2021

View Opinion No. 20-0990

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Greer, J. (7 pages)

            Charles Tewes appeals his conviction of child endangerment, challenging the sufficiency of the evidence.  Tewes disputes some of the district court’s factual findings, arguing they are not supported by the evidence.  And he claims the other facts do not meet the legal standard of creating a substantial risk to B.T.’s health or safety.  OPINION HOLDS: Substantial evidence supports Tewes’s conviction, so we affirm.

Case No. 20-0993:  State of Iowa v. Armando Adame III

Filed Sep 22, 2021

View Opinion No. 20-0993

            Appeal from the Iowa District Court for Floyd County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by May, J.  (7 pages)

            Armando Adame appeals his conviction for first-degree murder and felony possession of a firearm.  OPINION HOLDS: The district court did not abuse its discretion in admitting testimony from a witness who saw Adame point the alleged murder weapon at the victim before the victim was murdered. 

Case No. 20-1086:  State of Iowa v. Jacob Eugene Jimenez

Filed Sep 22, 2021

View Opinion No. 20-1086

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (3 pages)

            Jacob Jimenez appeals the district court’s application of juvenile sentencing factors, contending the district court abused its discretion in applying the factors applicable to the mandatory minimum sentence on the robbery count.  OPINION HOLDS: We discern no abuse of discretion in the court’s application of the juvenile sentencing factors, and we affirm.   

Case No. 20-1097:  William Joseph Reinsbach v. Great Lakes Cooperative and Nationwide Agribusiness

Filed Sep 22, 2021

View Opinion No. 20-1097

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (8 pages)

            William Reinsbach appeals from a district court judgment entered pursuant to Iowa Code section 86.42 (2019) to enforce a decision of the Iowa Workers’ Compensation Commissioner.  Reinsbach contends the district court went beyond construing the commissioner’s ruling and improperly modified the ruling.  OPINION HOLDS: Finding no error of law, we affirm.

Case No. 20-1132:  Benjamin Varela v. City of Muscatine

Filed Sep 22, 2021

View Opinion No. 20-1132

            Appeal from the Iowa District Court for Muscatine County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Benjamin Varela appeals the district court’s denial of his petition for a writ of certiorari seeking a pre-termination hearing under Iowa Code section 35C.1(1) (2019).  OPINION HOLDS: We affirm the district court’s denial of Varela’s petition for writ of certiorari. 

Case No. 20-1171:  Donald E. Rosenbaum and Aimee L. Rosenbaum v. Kerndt Brothers Savings Bank

Filed Sep 22, 2021

View Opinion No. 20-1171

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (4 pages)

            Borrowers Donald and Aimee Rosenbaum appeal the dismissal of motions to set aside judgments for their lender, Kerndt Brothers Savings Bank.  The district court found the Rosenbaums’ motion to set aside summary judgment was untimely.  In support of their appeal, the Rosenbaums seek a novel reading of Iowa Rules of Civil Procedure 1.1012 and 1.1013.  Additionally, the Rosenbaums collaterally attack orders entered by the district court.  They argue that the court lacked jurisdiction while the case was on appeal.  OPINION HOLDS: The Rosenbaums’ attempt to vacate a summary judgment was untimely.  And the district court retained jurisdiction to decide collateral matters in subsequent orders.  Because these issues are dispositive, we do not reach any remaining claims.  We affirm.

Case No. 20-1183:  Charles Hall v. State of Iowa

Filed Sep 22, 2021

View Opinion No. 20-1183

            Appeal from the Iowa District Court for Taylor County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Charles Hall appeals the district court’s denial of his postconviction-relief application.  OPINION HOLDS: He alleges his counsel was ineffective for failing to request a change of venue and failing to file post-trial motions.  Hall has failed to establish he received ineffective assistance of counsel.  Consequently, we affirm. 

Case No. 20-1264:  Davin Griffin v. State of Iowa

Filed Sep 22, 2021

View Opinion No. 20-1264

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (4 pages)

            Davin Griffin appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Griffin has not established a new ground of fact or law to bypass the statute of limitations in Iowa Code section 822.3 (2015). 

Case No. 20-1267:  Sara L. Duncan v. Steven K. Mueggenberg

Filed Sep 22, 2021

View Opinion No. 20-1267

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Steven Mueggenberg appeals the district court’s issuance of a final domestic abuse protective order against him.  OPINION HOLDS: On our de novo review, we conclude Sara Duncan failed to establish that Mueggenberg committed domestic abuse assault.  We reverse and remand for dismissal of the protective order.

Case No. 20-1350:  Erich Riesenberg v. Scott Sanders, in his official capacity as City Manager of the City of Des Moines and the City of Des Moines, Iowa, City Council

Filed Sep 22, 2021

View Opinion No. 20-1350

            Appeal from the Iowa District Court for Polk County, Sarah Crane and David Nelmark, Judges.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Erich Riesenberg filed a four-count petition alleging the city council of Des Moines and city manager Scott Sanders (collectively “City”) violated Iowa law when the City entered into a contract with a private company.  OPINION HOLDS: We find no error in converting the action to a proceeding for declaratory judgment, dismissing one count for failure to state a claim and two more counts for lack of standing, and granting summary judgment in favor of the City on the remaining count.

Case No. 20-1363:  Britta Sadler v. William Bauer

Filed Sep 22, 2021

View Opinion No. 20-1363

            Appeal from the Iowa District Court for Sac County, Gina C. Badding, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Scott, S.J.  Opinion by May, J.  (4 pages)

            Britta Sadler appeals a district court order denying her petition to set aside William Bauer’s paternity of M.M.B.  OPINION HOLDS: We conclude Britta has not shown reversible error. 

Case No. 20-1382:  Cheri Blake v. Second Injury Fund of Iowa

Filed Sep 22, 2021

View Opinion No. 20-1382

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

            Cheri Blake appeals the district court’s decision to uphold the workers’ compensation commissioner’s denial of her request for Second Injury Fund benefits.  OPINION HOLDS: Because Blake does not suffer from a first qualifying injury, she is not entitled to benefits from the Second Injury Fund, and we affirm.

Case No. 20-1386:  In re the Marriage of Wilde

Filed Sep 22, 2021

View Opinion No. 20-1386

            Appeal from the Iowa District Court for Winnebago County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            A former spouse appeals the property division provisions of the decree dissolving her marriage.  She argues the trial court erred in the division of the marital property on the following three grounds: (1) in failing to consider the appropriate economic contributions of each spouse, (2) in failing to consider her former husband’s dissipation of marital assets, and (3) in failing to consider the limitation of assets imposed by Medicaid provisions.  OPINION HOLDS: On our de novo review, we affirm.

Case No. 20-1392:  State of Iowa v. Hayes Edward William Kern

Filed Sep 22, 2021

View Opinion No. 20-1392

            Appeal from the Iowa District Court for Buchanan County, Jeffrey L. Harris and William Patrick Wegman, District Associate Judges.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J.  (5 pages)

            Hayes Kern appeals his conviction, following a guilty plea, of operating while intoxicated, raising various claims.  OPINION HOLDS: Finding no good cause to appeal following Kern’s guilty plea, we dismiss the appeal.

Case No. 20-1635:  Masterbrand Cabinets, Inc., d/b/a Omega Cabinetry and Ace American Insurance Company v. Chad Simons

Filed Sep 22, 2021

View Opinion No. 20-1635

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            Masterbrand Cabinets, doing business as Omega Cabinetry, and its insurer, Ace American Insurance Company, appeal the district court’s ruling upholding the award of workers’ compensation benefits and penalty benefits to its employee, Chad Simons.  OPINION HOLDS: Finding no legal error and concluding substantial evidence supports the commissioner’s final decision, we affirm the district court.

Case No. 20-1638:  In the Matter of the Guardianship of J.M., Minor Child

Filed Sep 22, 2021

View Opinion No. 20-1638

            Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.  REVERSED AND REMANDED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (15 pages)

            The adoptive mother of the child appeals the juvenile court’s ruling granting the establishment of a guardianship for the child.  OPINION HOLDS: The district court improperly granted the guardianship petition.  Because the necessary elements to establish a guardianship were not satisfied, we reverse and remand for dismissal of the petition.

Case No. 21-0007:  In the Interest of D.T., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0007

            Appeal from the Iowa District Court for Allamakee County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Dissent by Schumacher, J.  (13 pages)

            A mother appeals the denial of her petition to terminate the parental rights of her child’s father, despite the district court’s finding the father abandoned the child.  OPINION HOLDS: We affirm the district court’s conclusion that termination of the father’s parental rights was not in the child’s best interests.  DISSENT ASSERTS: Termination is in the child’s best interest.  Accordingly, I dissent from the majority opinion that determined termination was not in the child’s best interest based solely on the possibility of future financial benefits.  Accordingly, I would reverse.

Case No. 21-0092:  Dylan C. Dunlap v. Krista A. Sheppard

Filed Sep 22, 2021

View Opinion No. 21-0092

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J. and Doyle, S.J.  Opinion by Greer, J.  (10 pages)

            Krista Sheppard appeals an order awarding Dylan Dunlap physical care of their five-year-old son and requiring her to pay child support and cash medical support.  Both parties request appellate attorney fees.  OPINION HOLDS: On our de novo review, we reach the same conclusions as the district court.  Thus, we affirm the award of physical care to Dylan and uphold the provisions governing child support and cash medical support.  After considering the financial circumstances of both parties, we decline to award appellate attorney fees. 

Case No. 21-0122:  In re the Marriage of Keller

Filed Sep 22, 2021

View Opinion No. 21-0122

            Appeal from the Iowa District Court for Clarke County, John D. Lloyd, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (13 pages)

            Mark Allan Keller appeals an award of physical care, the distribution of marital assets, and the denial of spousal support.  Jodie Lynn Keller opposes and requests appellate attorney fees.  OPINION HOLDS: Because the district court did not show compelling reasons to separate the Keller siblings, we reverse the physical care arrangement and remand for recalculation.  But the financial matters were decided equitably, and we affirm.  Jodie’s request for appellate attorney fees is denied.

Case No. 21-0171:  Jay S. Senatra v. Amy J. Senatra

Filed Sep 22, 2021

View Opinion No. 21-0171

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Jay Senatra appeals the district court’s denial of his application for rule to show cause, claiming his former wife, Amy Senatra, was in contempt for denying him parenting time with their children.  OPINION HOLDS: We find the court did not abuse its discretion by finding Amy did not act willfully or with a bad or evil purpose.  We deny Amy’s request for appellate attorney fees.  We affirm the decision of the district court.

Case No. 21-0212:  Anthony Peterson v. Bethany Jo Thurston

Filed Sep 22, 2021

View Opinion No. 21-0212

            Appeal from the Iowa District Court for Greene County, Adria Kester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Scott, S.J.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Bethany Thurston appeals from a decree establishing paternity, custody, and related matters.  She contends the district court should have (1) granted joint legal custody and (2) awarded her physical care of the child.  OPINION HOLDS: Upon our review, we affirm.

Case No. 21-0230:  In the Interest of L.J., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0230

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established a statutory ground authorizing termination.  Termination is in the child’s best interest.  And we do not give the mother additional time to work toward reunification.

Case No. 21-0328:  In the Interest of A.P. and B.P., Minor Children

Filed Sep 22, 2021

View Opinion No. 21-0328

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            A mother appeals from the dispositional order entered by the court regarding her two children, challenging the removal of the children from her care and the finding that the State made reasonable efforts for reunification.  OPINION HOLDS: Upon our review, we affirm.

Case No. 21-0536:  In the Interest of I.D., C.D., and J.D., Minor Children

Filed Sep 22, 2021

View Opinion No. 21-0536

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Mullins, J., and Blane, S.J.  Opinion by Blane, S.J.  (7 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: Because the grounds for termination are met and the best interests of the children weigh toward termination, we affirm the decision of the juvenile court.

Case No. 21-0601:  In the Interest of H.J. and L.J., Minor Children

Filed Sep 22, 2021

View Opinion No. 21-0601

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (7 pages)

            A father appeals the termination of his parental rights to two children.  He contends the court erred in denying his sister’s motion to intervene.  He also argues the State did not present sufficient evidence of the statutory grounds for termination, termination was not in the children’s best interests, and the department of human services (DHS) made inadequate effort to place the children with his relatives.  He also argues the court should have placed the children in his sister’s custody so that he could argue termination was avoidable under the permissible factors.  OPINION HOLDS: We find the father lacks standing to challenge the denial of his sister’s motion to intervene.  We also find the father did not preserve error on his argument regarding the statutory grounds for termination.  We further find that it was in the children’s best interests to terminate his rights.  Next, we find the court could not have applied the permissive factor to avoid termination because the sister did not have legal custody of the children.  And we find the DHS made reasonable efforts to consider placing the children with the sisters and considered them inappropriate placement options.  So we affirm. 

Case No. 21-0630:  In the Interest of C.R. and L.S., Minor Children

Filed Sep 22, 2021

View Opinion No. 21-030

            Appeal from the Iowa District Court for Calhoun County, Joseph McCarville, District Associate Judge.  FATHER’S APPEAL DISMISSED; MOTHER’S APPEAL affirmed.  Considered by Tabor, P.J., Greer, J., and Scott, S.J.  Opinion by Greer, J.  (9 pages)

            The mother and father separately appeal the termination of their parental rights.  The father’s petition on appeal was not timely filed, but he requests a delayed appeal.  The mother argues that the State did not prove that she could not resume custody of her children and that termination is not in the children’s best interests.  OPINION HOLDS: The father does not qualify for a delayed appeal, so we dismiss his appeal.  Clear and convincing evidence showed that the mother was not able to resume custody of her children at the time of termination and that termination is in the best interests of the children.  We affirm the termination of the mother’s parental rights.

Case No. 21-0684:  In the Interest of R.G., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0684

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (9 pages)

            A mother challenges the termination of her parental rights alleging the court abused its discretion by denying her request for additional drug testing and violated her constitutional rights to counsel and to due process.  OPINION HOLDS: We find the court did not err in denying the request for additional drug testing and so did not violate the mother’s constitutional rights.  We affirm. 

Case No. 21-0686:  In the Interest of V.W., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0686

            Appeal from the Iowa District Court for Tama County, Angeline M. Johnston, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (6 pages)

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

Case No. 21-0701:  In the Interest of R.B., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0701

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, and Badding, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A father appeals the termination of his parental rights to his two-year-old daughter under Iowa Code section 232.116(1)(h) and (l) (2021).  OPINION HOLDS: Despite the father’s progress toward reunification, there was clear and convincing evidence supporting the district court’s termination of parental rights.  And the termination was in the child’s best interests.  So we affirm.

Case No. 21-0716:  In the Interest of T.S., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0716

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (2 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother offers no meaningful substantive argument to facilitate appellate review, so we affirm without further opinion, deeming the arguments waived. 

Case No. 21-0814:  In the Interest of C.B. and C.B., Minor Children

Filed Sep 22, 2021

View Opinion No. 21-0814

            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 Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother and father each appeal a district court order terminating their parental rights.  OPINION HOLDS: We grant the parents’ requests for consideration of their petitions on appeal, which were filed three days late.  There is sufficient evidence in the record to support termination of the mother’s parental rights, an extension of time is not warranted, and termination of the mother’s parental rights is in the children’s best interests.  We find it is in the children’s best interests to terminate the father’s parental rights and the court properly did not apply any of the exceptions to termination.  We affirm the district court’s decision terminating the parents’ rights.

Case No. 21-0882:  In the Interest of D.M., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0882

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (13 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: Because grounds for termination exist pursuant to Iowa Code section 232.116(1)(h) (2021); and we conclude the father did not carry his burden to show the father-child bond was such that termination of his parental rights would be detrimental to the child; and termination of parental rights and adoption will best provide for the child’s safety, long-term nurturing and growth, and physical, mental, and emotional condition and needs; we affirm.

Case No. 21-0928:  In the Interest of S.P., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0928

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We find the State has established the grounds for termination, termination is in the child’s best interests, reasonable efforts were made to reunite the parents with the child, and an additional extension of time is not warranted.  We affirm both appeals.

Case No. 21-0949:  In the Interest of J.C., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-0949

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, III, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because the mother has not shown she can protect the child from traumatic injury, the State has proved a statutory ground for termination, termination is in the child’s best interests, and any bond does not preclude termination.

Case No. 21-1034:  In the Interest of M.M., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-1034

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (7 pages)

            The mother appeals from the termination of her parental rights.  The mother argues that the State did not make reasonable efforts toward reunification and that termination was not in the child’s best interests.  OPINION HOLDS: The mother did not bring concerns to the court about the services offered to her until the termination hearing.  Termination was in the best interests of the child.  We affirm the termination of the mother’s parental rights.

Case No. 21-1035:  In the Interest of A.M., L.M., T.M., and K.M., Minor Children

Filed Sep 22, 2021

View Opinion No. 21-1035

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

            A father appeals the termination of parental rights over his four children.  He argues that (1) the State failed to meet its burden; (2) termination was not in his children’s best interests; and (3) the district court should have used the permissive factors to avoid termination.  OPINION HOLDS: The mother’s history of continuing substance abuse posed a danger to the children.  And the father’s inability to appreciate and prevent this danger provided clear and convincing evidence for terminating his parental rights.  And termination was in the children’s best interests.  Finally, because the father did not meet his burden, the district court properly rejected the permissive factors.  Affirmed.

Case No. 21-1058:  In the Interest of J.M., Minor Child

Filed Sep 22, 2021

View Opinion No. 21-1058

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (4 pages)

            The father appeals the termination of his parental rights to J.M., who was born in 2020.  As we understand the father’s arguments, he requests more time to work toward reunification and argues that the Iowa Department of Human Services failed to make reasonable efforts to reunify him and J.M.  OPINION HOLDS: A delay in permanency is not warranted here, and the father failed to raise the issue of reasonable efforts before the termination period so we do not consider it.  We affirm.

Case No. 19-1244:  State of Iowa v. Kevin Jermaine Jefferson

Filed Sep 01, 2021

View Opinion No. 19-1244

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J. and Doyle, S.J.  Opinion by Tabor, P.J.  (9 pages)

            Kevin Jermaine Jefferson appeals his conviction for robbery in the second degree, possession of methamphetamine, being a felon in possession of a firearm, and theft in the third degree.  He seeks to withdraw his guilty plea because emotional grief rendered the plea involuntary and the plea was conducted in-chambers, in violation of Iowa Rule of Criminal Procedure 2.8(2)(b).  OPINION HOLDS: We have authority to consider this appeal under Iowa Code section 814.6 (2019)’s “good cause” safety valve.  But the record does not support Jefferson’s claim that his plea was involuntary.  And Jefferson did not preserve the rule violation for appeal.  We affirm. 

Case No. 19-1346:  State of Iowa v. Andrew Steven Jensen

Filed Sep 01, 2021

View Opinion No. 19-1346

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris and David P. Odekirk, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (2 pages)

            Following his guilty plea to possession of methamphetamine, Andrew Jensen appeals arguing he received ineffective assistance of counsel.  OPINION HOLDS:  This court has no authority to decide a claim of ineffective assistance of counsel on direct appeal.

Case No. 19-1700:  Maurice Montrail Hayes v. State of Iowa

Filed Sep 01, 2021

View Opinion No. 19-1700

            Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            Maurice Hayes appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Hayes fails to show he received ineffective assistance of trial or postconviction-relief counsel, we affirm.

Case No. 19-1844:  State of Iowa v. Lindsey Marie Perry

Filed Sep 01, 2021

View Opinion No. 19-1844

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Lindsey Perry appeals her conviction following a guilty plea.  OPINION HOLDS: Perry lacks good cause to appeal following her guilty plea, and we have no authority to consider her ineffective-assistance claim.  We dismiss the appeal.

Case No. 19-1931:  Michael Lamont Black v. State of Iowa

Filed Sep 01, 2021

View Opinion No. 19-1931

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Carr, S.J.  Opinion by Carr, S.J.  (3 pages)

            Michael Black appeals the denial of his second application for postconviction relief.  OPINION HOLDS: Weighing the newly discovered evidence against the other evidence in the record, Black falls far short of his burden of showing the clear and convincing evidence that no reasonable fact finder could convict him of third-degree sexual assault, as required to prove a claim of actual innocence.

Case No. 19-2074:  State of Iowa v. Seonaid Lais-Bossert

Filed Sep 01, 2021

View Opinion No. 19-2074

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (4 pages)

            Seonaid Lais-Bossert, convicted of child endangerment following a jury trial, appeals claiming ineffective assistance of counsel for failing to make an appropriate motion for judgment of acquittal.  OPINION HOLDS: We grant the State’s motion to strike appellant’s reply brief.  Pursuant to Iowa Code section 814.7 (Supp. 2019), we do not have authority to address ineffective assistance of counsel on direct appeal.

Case No. 20-0131:  State of Iowa v. Robert Eugene Mason

Filed Sep 01, 2021

View Opinion No. 20-0131

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Robert Mason appeals his conviction for operating while intoxicated, third offense.  OPINION HOLDS: Mason cannot raise his claims of ineffective assistance of counsel in this direct appeal; such claims must be raised in postconviction relief proceedings.  The court did not abuse its discretion by sentencing Mason to a term of imprisonment rather than placing him on probation.  We affirm Mason’s conviction.

Case No. 20-0327:  State of Iowa v. Gary Charles Wood, Jr.

Filed Sep 01, 2021

View Opinion No. 20-0327

            Appeal from the Iowa District Court for Polk County, William P. Kelly and David Porter, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (14 pages)

            Gary Wood appeals his conviction and sentence for domestic abuse assault, third or subsequent offense, as a habitual offender.  He argues the district court erred in finding he forfeited his right to confrontation by wrongdoing.  He also challenges the sufficiency of the evidence to support his conviction and sentencing enhancements as a third-offense and habitual offender.  Finally, he claims the court erred in sentencing him to a mandatory minimum of five years rather than three years under Iowa’s habitual-offender statute.  OPINION HOLDS: Finding no error, we affirm. 

Case No. 20-0419:  State of Iowa v. Darian Lensgraf

Filed Sep 01, 2021

View Opinion No. 20-0419

            Appeal from the Iowa District Court for Muscatine County, Tom Reidel, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (6 pages)

            Darian Lensgraf appeals his conviction for first-degree murder.  OPINION HOLDS: There was sufficient evidence Lensgraf acted with malice aforethought when he killed his grandmother by stabbing her multiple times with a bayonet. 

Case No. 20-0443:  State of Iowa v. Zachary Dean Vreeland

Filed Sep 01, 2021

View Opinion No. 20-0443

            Appeal from the Iowa District Court for Washington County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (8 pages)

            Zachary Vreeland appeals from his conviction for domestic abuse assault causing bodily injury, contending the trial court abused its discretion in admitting photographs that were not timely disclosed.  He also raises claims of ineffective assistance of counsel.  OPINION HOLDS: This court does not address the ineffective-assistance-of-counsel claims on direct appeal, and we conclude the trial court did not abuse its considerable discretion in admitting the photos.  We therefore affirm.

Case No. 20-0488:  State of Iowa v. Mickie Lee Atkins

Filed Sep 01, 2021

View Opinion No. 20-0488

            Appeal from the Iowa District Court for Decatur County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Defendant appeals his conviction on two counts of sexual abuse in the second degree.  He argues the evidence was insufficient to support the jury’s verdict, the district court erred in permitting a noncorroboration jury instruction, and the district court abused its discretion in admitting prior bad acts evidence and in imposing consecutive sentences.  OPINION HOLDS:  We find the record contains substantial evidence, the inclusion of the jury instruction does not require reversal, and the district court did not abuse its discretion in admitting evidence or imposing consecutive sentences.  Accordingly, we affirm.

Case No. 20-0489:  Jose Calderon, individually and as next friend to E.G. and A.G., and Veronica Gonzales, individually and as next friend to E.G. and A.G. v. Saber Khan

Filed Sep 01, 2021

View Opinion No. 20-0489

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED AS MODIFIED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., Mullins, J., and Doyle, S.J.  Opinion by Mullins, J.  (11 pages)

            Appellants appeal the district court’s ruling on their petition forwarding claims of (1) unfair and deceptive acts and practices, (2) breach of express warranty of habitability, (3) breach of implied and statutory warranty of habitability, and (4) declaratory and injunctive relief.  OPINION HOLDS: We affirm the district court’s ruling with the exception of the modifications noted in this opinion.  We vacate the attorney fee award and remand the matter to the district court for reconsideration coupled with an explanation for the award.

Case No. 20-0614:  State of Iowa v. Gary Charles Wood Jr.

Filed Sep 01, 2021

View Opinion No. 20-0614

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  REVERSED AND REMANDED FOR ENTRY OF JUDGMENT OF ACQUITTAL.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by Doyle, S.J.  Dissent by May, J.  (12 pages)

            Gary Wood Jr. appeals his conviction of suborning perjury under Iowa Code section 720.3 (2019).  Among other things, he claims there was insufficient evidence to convict him.  OPINION HOLDS:  After a close review of the record we find insufficient evidence to support a guilty verdict because the record does not reveal substantial evidence to support a finding Wood offered an inducement to M.M. to conceal material facts known to her.  DISSENT ASSERTS: When the evidence is viewed in the light most favorable to the verdict, there is substantial evidence to prove Gary Wood Jr. offered M.M. an inducement to not testify. 

Case No. 20-1013:  State of Iowa v. Ernesto Antonio Guerra Pascual

Filed Sep 01, 2021

View Opinion No. 20-1013

            Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Greer, J.  (7 pages)

Ernesto Guerra Pascual appeals his sentences following his Alford plea.  He argues the district court violated his Fifth Amendment privilege against self-incrimination under the United States Constitution and article I, section 9 of the Iowa Constitution because it considered his lack of remorse as a sentencing factor.  Pascual recognizes our supreme court held that a defendant’s lack of remorse is a pertinent sentencing factor but asks us to overturn that holding, asserting it is at odds the court’s reasoning in Schmidt v. State, 909 N.W.2d 778, 787–790 (Iowa 2018).  Pascual also asserts the district court erred by considering facts he claims were either not in the record or were unproven.  OPINION HOLDS: Because Pascual’s constitutional claims lack merit and we find no abuse of discretion, we affirm the sentences imposed by the district court.

Case No. 20-1022:  Chad Roye Brewbaker v. State of Iowa

Filed Sep 01, 2021

View Opinion No. 20-1022

            Appeal from the Iowa District Court for Story County, Amy Moore, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Per curiam.  (8 pages)

            Chad Brewbaker appeals from the dismissal of his third application for postconviction relief after he was convicted of harassment in the third degree in 2009, a simple misdemeanor.  OPINION HOLDS: We affirm the dismissal of the application as untimely.

Case No. 20-1052:  NEW Cooperative, Inc. v. Lee Clemon

Filed Sep 01, 2021

View Opinion No. 20-1052

            Appeal from the Iowa District Court for Monona County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Lee Clemon appeals the district court ruling on summary judgment awarding a monetary judgment plus interest to NEW Cooperative, Inc.  OPINION HOLDS: We find no error in the district court’s application of law and affirm.

Case No. 20-1055:  Greer v. Tailor Maid Services, LLC.

Filed Sep 01, 2021

View Opinion No. 20-1055

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (10 pages)

            Phillip Greer appeals the district court’s order dismissing Greer’s breach-of-contract action against the defendants for lack of personal jurisdiction, arguing (1) “the District Court erred in determining that the ‘Letter of Intent’ was not a valid contract”; (2) “the District Court erred in [d]etermining that the Plaintiffs had not incurred any damages and thus had no standing to file suit”; and (3) “the District Court erred in not applying the ‘Calder Test’ in determining whether the Defendants are subject to specific jurisdiction in the state of Iowa.”  OPINION HOLDS: We affirm the dismissal of the Smiths in their individual capacities.  We reverse the dismissal of Tailor Maid Services, LLC and the Smiths in their representative capacities and remand for further proceedings.

Case No. 20-1062:  State of Iowa v. Brian Keith Taylor

Filed Sep 01, 2021

View Opinion No. 20-1062

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J. (8 pages)

            Brian Taylor appeals his convictions for sexual abuse in the second degree and child endangerment.  OPINION HOLDS: There is sufficient evidence to support the jury’s finding Taylor performed a sex act on the oldest child before her twelfth birthday and he created a substantial risk to the health and safety of all six children.  Therefore, we affirm his convictions.

Case No. 20-1064:  State of Iowa v. Freddie Helai

Filed Sep 01, 2021

View Opinion No. 20-1064

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Freddie Helai appeals the sentence imposed following a plea of guilty to lascivious acts with a child.  Helai contends the district court did not adequately explain the reasons for ordering the imposed sentence.  OPINION HOLDS:  We find the district court provided an adequate statement of appropriate considerations for the sentence.  Accordingly, we affirm.

Case No. 20-1206:  Karla Kern v. Fenchel, Doster & Buck, PLC and Pharmacists Mutual Insurance Company

Filed Sep 01, 2021

View Opinion No. 20-1206

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by Mullins, P.J.  (15 pages)

            Karla Kern appeals the district court order affirming the Workers’ Compensation Commissioner’s award of workers’ compensation benefits.  She argues the Commissioner erred in failing to order reimbursement of an independent medical evaluation (IME), improperly converting impairment ratings to disability percentages, and failing to award penalties.  OPINION HOLDS: On our review of the record and applicable legal standards, we affirm the deputy’s decisions on the impairment rating calculation and penalties.  But, because we find Dr. Paulson’s determination that Kern’s injuries were not caused by her employment was tantamount to a zero percent impairment rating, we reverse in part and remand to the district court for an order reversing in part and remanding to the commissioner for a reconsideration of Kern’s application for IME fees.

Case No. 20-1274:  State of Iowa v. Melvin Martin Jr.

Filed Sep 01, 2021

View Opinion No. 20-1274

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Melvin Martin Jr. appeals following his convictions for two drug offenses.  OPINION HOLDS: We find the district court did not abuse its discretion in relieving the State of its sentencing-recommendation obligation under the plea agreement and affirm.

Case No. 20-1291:  State of Iowa v. Anthony Soteco

Filed Sep 01, 2021

View Opinion No. 20-1291

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J. (6 pages)

            Anthony Willis Soteco challenges the sufficiency of the evidence supporting his conviction for domestic abuse assault.  OPINION HOLDS: Testimony from the complaining witness and other disinterested parties provides substantial evidence to support finding that Soteco had the specific intent to engage in assaultive conduct.  As this is the only issue Soteco raises on appeal, we affirm the district court’s finding of guilt and the corresponding adjudication and sentence.

Case No. 20-1305:  State of Iowa v. Glenn Allen Igou

Filed Sep 01, 2021

View Opinion No. 20-1305

            Appeal from the Iowa District Court for Monona County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Glenn Allen Igou appeals from the sentences imposed following his guilty pleas.  OPINION HOLDS: The district court did not abuse its discretion by not following the recommendation in the presentence investigation.  Also, there being no evidence, let alone clear evidence, that the district court considered the factors to which Igou objects, we find no abuse of the district court’s discretion in choosing the sentences imposed.

Case No. 20-1311:  In re the Marriage of Crane

Filed Sep 01, 2021

View Opinion No. 20-1311

            Appeal from the Iowa District Court for Clayton County, Alan T. Heavens, Judge.  WRIT ANNULLED; AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (13 pages)

            The district court modified the spousal-support provision of Kenneth and Jerrilyn Crane’s dissolution decree by terminating Kenneth’s obligation to pay Jerrrilyn spousal support.  Both parties appeal.  Kenneth argues the court should have made the termination retroactive to the date of his filing for modification, while Jerrilyn argues Kenneth failed to prove a substantial change in circumstances so the obligation should not have been changed.  Additionally, on writ of certiorari, Kenneth challenges the district court’s finding him in contempt.  Each party requests appellate attorney fees.  OPINION HOLDS: We annul the writ and affirm the district court ruling as to all issues appealed.  We decline the invitation to award appellate attorney fees.

Case No. 20-1511:  State of Iowa v. Dawn Loryne Chambers

Filed Sep 01, 2021

View Opinion No. 20-1511

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (19 pages)

Dawn Chambers, convicted of operating while intoxicated (OWI), third offense, appeals the denial of her motions to suppress evidence, specifically: incriminating statements she made to law enforcement and DataMaster breath test results obtained via search warrant.  She posits (1) her statements at the scene should have been excluded because they stemmed from custodial interrogation without the benefit of Miranda warnings; (2) her statements post-arrest and the breath-test result should have been excluded because she was not informed of her right to make a phone call under Iowa Code section 804.20 (2019); and (3) the breath test results should have been excluded because she was not told she could obtain an independent chemical test under Iowa Code section 321J.11.  Lastly, in response to her supplemented motion to suppress, Chambers challenges the search warrant, alleging it was void because of a mistake in the return warrant.  OPINION HOLDS: We reverse the denial of Chambers’s motions to suppress the breath test result but affirm the denial of the motion to suppress the incriminating statements before the testing.  Finding harmless error for the failure to provide an independent test, we affirm the conviction for OWI. 

Case No. 20-1602:  State of Iowa v. Briana Nicole Jenkins

Filed Sep 01, 2021

View Opinion No. 20-1602

            Appeal from the Iowa District Court for Polk County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (6 pages)

            Briana Jenkins appeals the revocation of her deferred judgment and the imposition of sentence.  OPINION HOLDS: We find the district court did not abuse its discretion in revoking the deferred judgment or in imposing sentence, and we affirm.

Case No. 20-1658:  In re the Marriage of Mosley

Filed Sep 01, 2021

View Opinion No. 20-1658

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  Special Concurrence by Greer, J.  (10 pages)

            Jerome Mosley Jr. appeals the denial of his petition to modify custody and care of his child with Candace Brutus, formerly known as Candace Mosley.  OPINION HOLDS: With the best interests of the child as our polestar, we find a substantial change of circumstances and that Jerome can better provide for the child’s wellbeing.  Thus, we reverse the district court order and remand for the district court to address the attendant factors of visitation and child support.  SPECIAL CONCURRENCE ASSERTS: I concur in the majority opinion but write separately to emphasize additional supporting points that lead me to that result.

Case No. 20-1669:  State of Iowa v. Matthew Sean Minium

Filed Sep 01, 2021

View Opinion No. 20-1669

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (4 pages)

            Matthew Minium appeals his criminal convictions following the denial of his motion in arrest of judgment.  OPINION HOLDS: Granting discretionary review and finding no abuse of discretion, we affirm.

Case No. 20-1680:  In the Interest of V.C.-S. and D.C.-S., Minor Children

Filed Sep 01, 2021

View Opinion No. 20-1680

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (4 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the children’s best interests.  And we do not apply any of the permissive exceptions to preclude termination.

Case No. 21-0034:  In the Interest of E.E., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0034

            Appeal from the Iowa District Court for Hardin County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (12 pages)

            A father appeals the termination of his parental rights under Iowa Code chapter 600A (2020).  The father asserts the mother did not establish he abandoned the child, termination is not in the child’s best interests, and his trial counsel provided ineffective assistance.  OPINION HOLDS: We affirm the juvenile court and deny the father’s request for attorney fees.

Case No. 21-0179:  In the Interest of T.M., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0179

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (4 pages)

            Acting through counsel, the child appeals the permanency review order dismissing the child-in-need-of-assistance (CINA) proceeding.  OPINION HOLDS: With the continuing jurisdiction in district court, the parties are able to seek the appropriate remedies without the oversight of the Iowa Department of Human Services and the juvenile court.  Therefore, we affirm the permanency review order in ordering the dismissal of the CINA proceeding.

Case No. 21-0208:  Adam J. Winkowitsch v. Chelsea A. Quinn

Filed Sep 01, 2021

View Opinion No. 21-0208

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (5 pages)

            Chelsea Quinn appeals from an order modifying the provisions of her and Adam Winkowitsch’s decree of paternity, custody, visitation, and support.  OPINION HOLDS: We affirm the modification of the decree.

Case No. 21-0221:  In the Interest of E.D., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0221

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (5 pages)

            Parents appeal the termination of their parental rights over E.D.  Each argue the juvenile court did not have sufficient evidence to supports termination.  Alternatively, both request additional time to prepare for reunification.  OPINION HOLDS: There is sufficient evidence to support termination.  And delaying permanency is not a good option for E.D.  We affirm.

Case No. 21-0375:  In the Interest of A.C. and A.C., Minor Children

Filed Sep 01, 2021

View Opinion No. 21-0375

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            A mother and a father appeal the termination of their parental rights to their children.  OPINION HOLDS: Clear and convincing evidence shows the children cannot be returned to either parent’s care as required to terminate under Iowa Code section 232.116(1)(f) (2020).  Termination is in the children’s best interests, and the parents have failed to show termination would be detrimental due to the closeness of the parent-child bond.

Case No. 21-0462:  In the Interest of J.R. and L.R., Minor Children

Filed Sep 01, 2021

View Opinion No. 21-0462

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J. and Doyle, S.J.  Opinion by Greer, J.  (12 pages)

            The mother of J.R. and L.R. appeals from the modification of the dispositional order that removed the children from her care.  She argues the juvenile court was wrong in its determination the children would be subjected to adjudicatory harm if left in her care, as the risk of harm comes from the children’s father, who was then in police custody.  Additionally, she challenges the court’s credibility findings, suggesting we should view her decision to allow the children’s father access to them as akin to a drug relapse rather than proof she has not made the necessary progress to keep the children safe.  OPINION HOLDS: We affirm the juvenile court decision modifying the prior dispositional order and removing the children from the mother’s care.

Case No. 21-0548:  In the Interest of P.K., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0548

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            A mother and father separately appeal following the adjudication of their child as a child in need of assistance.  OPINION HOLDS: The State established statutory grounds to adjudicate the child as a child in need of assistance and court aid was necessary.

Case No. 21-0569:  In the Interest of L.B., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0569

            Appeal from the Iowa District Court for Woodbury County, Mary J. Sokolovske, Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Doyle, S.J.  Opinion by May, J.  Dissent by Bower, C.J.  (11 pages)

A father appeals the termination of his parental rights to L.B.  OPINION HOLDS: The juvenile court was correct to terminate the father’s parental rights.  DISSENT ASSERTS: Iowa Code section 232.109 (2020) requires there be a child-in-need-of-assistance (CINA) order in force at the time a petition for termination is filed.  Because there was no CINA order in force at the time the petition to terminate parental rights was filed here, the juvenile court was without authority to terminate the father’s parental rights.  I would reverse and remand for further proceedings. 

Case No. 21-0581:  In the Interest of K.D. and K.D., Minor Children

Filed Sep 01, 2021

View Opinion No. 21-0581

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her two children.  The mother argues the juvenile court erred in finding the children could not be returned to her care at the time of termination, the Iowa Department of Human Services failed to make reasonable efforts toward reunification, and termination is not in the best interests of the children due to the strong bonds with her.  OPINION HOLDS: Error was not preserved by timely notice of appeal or ineffective-assistance arguments made only in passing.  The State proved the grounds for termination pursuant to Iowa Code section 232.116(1)(f) (2021).  There is clear and convincing evidence that reasonable efforts toward reunification were made and termination is in the children’s best interest.

Case No. 21-0629:  In the Interest of M.W., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0629

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, contending the State failed to prove the grounds for termination cited by the district court, termination was not in the child’s best interests, and the court should have granted an exception to termination based on the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 21-0675:  In the Interest of T.F.-G., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0675

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to a five-year-old child.  They contend the State failed to prove the statutory grounds and termination was not in the child’s best interests.  OPINION HOLDS: Because of the parents’ persistent substance-abuse problems—as shown by the parents and child testing positive for methamphetamine and amphetamines one month after returning to their custody—they are not able to resume custody at the present time.  And the evidence in the record does not establish that termination would be detrimental to the child due to the parent-child bond.  Therefore, we affirm on both appeals. 

Case No. 21-0687:  In the Interest of A.B. -L., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0687

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

            A father appeals the termination of his parental rights.  OPINION HOLDS: The father failed to comply with form 5 of Iowa Rule of Appellate Procedure 6.201(1)(d).  Accordingly, his claims are waived.  In the best interests of the child, however, a de novo review concludes clear and convincing evidence supports the termination.

Case No. 21-0788:  In the Interest of K.M, E.T., J.K. and J.K.

Filed Sep 01, 2021

View Opinion No. 21-0788

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the juvenile court order terminating his parental rights and denying his request to be named the guardian of two other children.  OPINION HOLDS: It is in the best interests of the father’s two biological children to terminate his parental rights.  Also, the court properly decided not to apply any of the exceptions to termination of parental rights.  In addition, it is not in the best interests of the other two children to be placed in the father’s care under a guardianship.  We affirm the decision of the juvenile court.

Case No. 21-0810:  In the Interest of C.R. and G.R., Minor Children

Filed Sep 01, 2021

View Opinion No. 21-0810

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the grounds for termination have been established, an extension is not warranted, termination is in the best interests of the children, and the exceptions to termination do not apply.  We affirm.

Case No. 21-0819:  In the Interest of J.G., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0819

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A mother and father separately appeal from the termination of their parental rights to their child.  OPINION HOLDS: We affirm the termination of the parents’ rights to the child.

Case No. 21-0824:  In the Interest of Z.M. and A.M., Minor Children

Filed Sep 01, 2021

View Opinion No. 21-0824

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (8 pages)

            A mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: The State established statutory grounds authorizing termination.  Termination is in the children’s best interests.  We do not give the mother additional time to work toward reunification.  And the mother’s due process rights were not violated.

Case No. 21-0884:  In the Interest of D.P., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0884

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

A father appeals the termination of his parental rights.  OPINION HOLDS: Clear and convincing evidence supports termination of the father’s parental rights under section 232.116(1)(f) (2020).  An extension of time on the facts of this case for reunification efforts is not warranted.  Accordingly, we affirm the termination of the father's parental rights.

Case No. 21-0937:  In the Interest of L.B., Minor Child

Filed Sep 01, 2021

View Opinion No. 21-0937

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            The mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: The mother waived any challenge to termination of her rights based on lack of reasonable efforts being made for reunification.  The State met its burden of establishing statutory grounds for termination.  The closeness of the mother-child relationship does not warrant application of a permissive exception.  As a result, we affirm.

Case No. 19-0524:  Michael W. Ripperger v. State of Iowa

Filed Aug 18, 2021

View Opinion No. 19-0524

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            Michael Ripperger appeals the district court decision denying his application for postconviction relief (PCR) on the ground it was untimely.  OPINION HOLDS: Ripperger’s claims were based on a clarification of existing law and did not present a new ground of fact or law, and, therefore, were time-barred.  Because Ripperger’s claims are barred under the three-year statute of limitations, we do not have authority to consider the other issues he raises on appeal.  We affirm the district court’s decision denying Ripperger’s PCR application.

Case No. 19-1333:  State of Iowa v. Matthew David Daugharthy

Filed Aug 18, 2021

View Opinion No. 19-1333

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (2 pages)

            Matthew Daugharthy appeals after pleading guilty to driving while barred.  OPINION HOLDS: Because Daugharthy has not established good cause, we may not consider his appeal.

Case No. 19-1404:  State of Iowa v. Matthew C. Crews

Filed Aug 18, 2021

View Opinion No. 19-1404

            Appeal from the Iowa District Court for Lee (South) County, Wyatt Peterson, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Matthew Crews appeals following his guilty plea to first-degree burglary, raising challenges to a statutory “appeal bar.”  OPINION HOLDS: We dismiss his appeal.

Case No. 19-1439:  State of Iowa v. Victor Henry Scalco, Jr.

Filed Aug 18, 2021

View Opinion No. 19-1439

            Appeal from the Iowa District Court for Calhoun County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J. (12 pages)

            Victor Scalco Jr. appeals his convictions for domestic abuse assault causing bodily injury and false imprisonment.  OPINION HOLDS: The district court did not abuse its discretion in ruling on evidentiary objections during the criminal trial.  Also, the court did not abuse its discretion by denying defense counsel’s objection during closing arguments.  Scalco’s claims of ineffective assistance of counsel cannot be raised in this direct appeal.  We do not adopt the plain error doctrine.  Scalco’s convictions are affirmed.

Case No. 19-1525:  State of Iowa v. Morgan Alexander Shields

Filed Aug 18, 2021

View Opinion No. 19-1525

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            Morgan Shields appeals from his guilty plea, contending his ineffective-assistance-of-counsel claim is sufficient to establish good cause for the appeal.  OPINION HOLDS: Shields failed to establish good cause, and we do not have authority to hear ineffective-assistance-of-counsel claims on direct appeal.

Case No. 19-1619:  State of Iowa v. Alfonso D. Faison Jr.

Filed Aug 18, 2021

View Opinion No. 19-1619

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., Vogel, S.J.  Opinion by Bower, C.J.  (3 pages)

            Alfonson Faison Jr. appeals his conviction for domestic abuse assault causing bodily injury following a July 6, 2019 jury verdict.  On appeal, he asserts the district court’s failure to instruct that there is no duty to retreat is reversible error and argues trial counsel was ineffective in failing to challenge the jury instructions regarding his justification defense.  OPINION HOLDS: The jury-instruction issue is not preserved for review.  Iowa Code section 814.7 (Supp. 2019) precludes our consideration of Faison’s ineffective-assistance claim.  We affirm.

Case No. 19-1639:  State of Iowa v. Sean Farmer

Filed Aug 18, 2021

View Opinion No. 19-1639

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (2 pages)

            Sean Farmer appeals his conviction for first-degree robbery, asserting his trial counsel was ineffective in failing to file a motion to suppress an alleged overly suggestive identification.  OPINION HOLDS: This court does not address ineffective-assistance-of-counsel claims on direct appeal.  We therefore affirm.

Case No. 19-1930:  State of Iowa v. Ronald Michael Vansickle

Filed Aug 18, 2021

View Opinion No. 19-1930

            Appeal from the Iowa District Court for Warren County, William A. Price, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Ronald Vansickle appeals his conviction, following a guilty plea, of driving while barred as a habitual offender.  He argues his plea is invalid as not being entered knowingly, voluntarily, and intelligently because he received ineffective assistance of counsel.  OPINION HOLDS: We dismiss the appeal.v

Case No. 19-2055:  State of Iowa v. Dominic J. Major

Filed Aug 18, 2021

View Opinion No. 19-2055

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  APPEAL DISMISSED.  Considered by Greer, P.J., and Doyle and Gamble, S.J.J.  Opinion by Gamble, S.J.  (3 pages)

            Dominic Major appeals his sentence following his guilty plea.  OPINION HOLDS: Major cannot establish good cause to appeal because the DNA sampling he now challenges was mandatory under Iowa Code section 81.2 (2019).

Case No. 20-0037:  State of Iowa v. Loran Martin Craig

Filed Aug 18, 2021

View Opinion No. 20-0037

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran, and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Loran Martin Craig appeals following his guilty pleas to assault with intent to inflict serious injury and prohibited acts.  OPINION HOLDS: We dismiss Craig’s appeal.

Case No. 20-0077:  State of Iowa v. Nathan Lee Brocks

Filed Aug 18, 2021

View Opinion No. 20-0077

            Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J. (12 pages)

            Nathan Brocks appeals his convictions for first-degree burglary, third-degree kidnapping, domestic abuse assault causing bodily injury, and obstruction of emergency communications.  OPINION HOLDS: We conclude the district court did not abuse its discretion in denying Brocks’s motions for mistrial.  We conclude the court did not abuse its discretion in ruling a defense witness’s proposed testimony that the victim used methamphetamine in the past was not relevant or admissible for impeachment purposes.  Furthermore, Brocks’s claims of ineffective assistance of counsel cannot be raised in this direct appeal.  We affirm his convictions.

Case No. 20-0117:  State of Iowa v. Wade Cortez Jones

Filed Aug 18, 2021

View Opinion No. 20-0117

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            Wade Cortez Jones appeals the sentences for his convictions for assault on persons in certain occupations, driving while barred, and third-degree mischief. OPINION HOLDS:  We conclude the appeal of his sentence is not barred by Iowa Code section 814.6 (2020), the sentencing court did not consider improper factors, and the State did not breach the plea agreement.  Therefore, we affirm. 

Case No. 20-0143:  Varner v. Conway

Filed Aug 18, 2021

View Opinion No. 20-0143

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (18 pages)

            Lauren Conway appeals a modification of the custody order of her child with Tanner Varner.  Lauren challenges the award of physical care to Tanner, the visitation provision, child support, attorney fees, and other issues.  Tanner raises two evidentiary issues without cross appealing.  The child’s guardian ad litem challenges the court’s physical care determination and how it addressed her position in its ruling.  OPINION HOLDS: We affirm the court’s ruling as modified and remand for the district court to recalculate child support.

Case No. 20-0408:  State of Iowa v. Eric Tyrone Daugherty Sr.

Filed Aug 18, 2021

View Opinion No. 20-0408

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (3 pages)

            Eric Tyrone Daugherty Sr. challenges the sufficiency of the evidence to support his conviction of second-degree robbery.  OPINION HOLDS: We affirm.

Case No. 20-0461:  State of Iowa v. Justin Hundley

Filed Aug 18, 2021

View Opinion No. 20-0461

            Appeal from the Iowa District Court for Clinton County, Joel W. Barrows and John Telleen, Judges.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Justin Hundley appeals from his guilty plea, asserting defects in the plea proceedings and ineffective assistance of counsel.  OPINION HOLDS: Hundley’s appeal is dismissed for failure to preserve error, failure to establish good cause, and our lack of jurisdiction to hear the claims.

Case No. 20-0539:  State of Iowa v. Shane Allen Heins

Filed Aug 18, 2021

View Opinion No. 20-0539

            Appeal from the Iowa District Court for Buchanan County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J.  (3 pages)

            Shane Heins appeals his criminal convictions, arguing (1) his counsel was ineffective in failing to move for a change of venue based on pre-trial publicity and (2) the court erred in denying his motion for judgment of acquittal and related challenges to the sufficiency of the evidence supporting the jury’s verdicts.  OPINION HOLDS: We lack authority to consider the ineffective-assistance claim, and Heins failed to preserve error on his challenge to the sufficiency of the evidence.  We affirm.

Case No. 20-0674:  Isidro Ramirez v. State of Iowa

Filed Aug 18, 2021

View Opinion No. 20-0674

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  Special Concurrence by May, P.J.  (6 pages)

            Isidro Ramirez appeals the summary dismissal of his fourth application for postconviction relief.  OPINION HOLDS: Because his application is well outside the statute of limitations and does not meet the criteria of the relation-back exception set out in Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), we affirm the ruling of the district court.  SPECIAL CONCURRENCE ASSERTS: Dismissal was also appropriate because Allison v. State does not apply to a fourth postconviction-relief application.

Case No. 20-0718:  State of Iowa v. Robert Anthony Cooper

Filed Aug 18, 2021

View Opinion No. 20-0718

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (3 pages)

            Robert Anthony Cooper appeals following his guilty plea to domestic abuse assault causing bodily injury.  OPINION HOLDS: We dismiss Cooper’s appeal.

Case No. 20-0752:  State of Iowa v. Donterius J. Bomar

Filed Aug 18, 2021

View Opinion No. 20-0752

            Appeal from the Iowa District Court for Polk County, Sarah E. Crane, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

            Donterius Bomar appeals the sentence imposed on his conviction of first-degree robbery.  OPINION HOLDS: The court’s statements at the sentencing hearing and in the written sentencing order show that it considered the factors set forth in section 901.11(3) (2019) in imposing a seventy percent mandatory minimum sentence. 

Case No. 20-0836:  Mary Elizabeth Slezak v. Carl W. Matherly

Filed Aug 18, 2021

View Opinion No. 20-0836

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Vogel and Doyle, S.JJ. Gamble, S.J. takes no part. Opinion by Mullins, P.J.  (7 pages)

            Carl Matherly appeals the enforcement of a settlement agreement for attorney fees and assessment of costs.  Carl argues the district court erred in reducing the fee in the settlement agreement because the initial payment was not related to the sale of relevant farmland and because Mary Elizabeth Slezak failed to address the lien directly.  Carl argues the district court erred in assessing costs because he should have succeeded on the merits of his claim.  OPINION HOLDS: The evidence in the record reveals the lien payment was related to the relevant farmland and was subject to the fee agreement, which was properly enforced.  Our review of the record reveals Carl should not have succeeded on his own motion and costs were appropriately assessed. 

Case No. 20-0869:  State of Iowa v. Mitchell Alan Khan

Filed Aug 18, 2021

View Opinion No. 20-0869

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

Mitchell Khan challenges the denial of his motion to dismiss the charge of operating while intoxicated.  OPINION HOLDS: Iowa Rule of Criminal Procedure 2.33(2)(a) generally permits the State forty-five days to file a trial information.  The forty-five days began when Khan was arrested in the manner required by Iowa Code sections 804.5 and 804.14(1) (2019).  Because the trial information was not filed within those forty-five days, it was untimely.  DISSENT ASSERTS: Because I believe the trial court followed the guidance of State v. Williams, 895 N.W.2d 856 (Iowa 2017), in determining the filing of the written appearance on December 2, 2019, triggered the speedy indictment rule, I must dissent from the majority opinion.

Case No. 20-0903:  State of Iowa v. Jeffrey Scott Gundersen

Filed Aug 18, 2021

View Opinion No. 20-0903

            Appeal from the Iowa District Court for Harrison County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J. (4 pages)

            Jeffrey Gundersen appeals his conviction for assault causing bodily injury.  On appeal, Gundersen claims he received ineffective assistance of counsel.  OPINION HOLDS: We conclude that based on Iowa Code section 814.7 (Supp. 2019), we cannot consider Gundersen’s claims of ineffective assistance of counsel in this direct appeal.  Such claims must be raised in postconviction relief proceedings.  Also, we do not apply a plain error rule.  We affirm Gundersen’s conviction.

Case No. 20-0932:  Quawim I. Gates v. Shunte N. Johnson

Filed Aug 18, 2021

View Opinion No. 20-0932

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL; AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (11 pages)

            A mother appeals a decree awarding physical care of her daughter to the child’s father.  OPINION HOLDS: The father refused to allow contact between the mother and her child for three years.  We find the father did so without just cause, so granting him physical care was not in the child’s best interests.  We modify the decree to place physical care with the mother.  We affirm the award of trial attorney fees.  And we award the mother reasonable appellate attorney fees.  We remand to allow a determination of those fees, issuance of a new visitation schedule, and for the recalculation of child support. 

Case No. 20-0947:  In re the Marriage of Irwin

Filed Aug 18, 2021

View Opinion No. 20-0947

            Appeal from the Iowa District Court for O'Brien County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by May, J.  (8 pages)

            Eric Irwin appeals from the decree dissolving his marriage to Joni Irwin.  OPINION HOLDS: It is in the child’s best interest to place her in Joni’s physical care.  The district court’s property distribution was equitable.

Case No. 20-0972:  Borst Brothers Construction, Inc. et al. v. Finance of America Commercial, LLC

Filed Aug 18, 2021

View Opinion No. 20-0972

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED IN PART AND REVERSED IN PART ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J.  Opinion by Vaitheswaran, P.J.  (14 pages)

            Finance of America Commercial, LLC (FAC) appeals the district court’s trial ruling and award of attorney fees.  Thomas Dostal Developers, Inc., and Randy T. Dostal cross-appeal the district court’s ruling and award of attorney fees.  OPINION HOLDS: We affirm the district court’s judgment of foreclosure in favor of FAC.  We affirm the district court’s enforcement of the mechanic’s liens claimed by Borst Bros. Construction, Inc. (Borst) and the court’s conclusion that they have priority over FAC’s mortgages.  We affirm the district court’s enforcement of Kelly’s mechanic’s liens and the court’s conclusion that they are superior to Borst’s mechanic’s liens.  We affirm the attorney fee awards in favor of Borst, Kelly, and FAC.  We reverse the district court’s conclusion that the guaranty agreements are unenforceable against Randy Dostal individually.

Case No. 20-1012:  Odell Everett v. Iowa District Court for Black Hawk County

Filed Aug 18, 2021

View Opinion No. 20-1012

            Certiorari to the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  REVERSED AND REMANDED; WRIT ANNULLED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            Odell Everett appeals the district court’s order denying his motion to vacate his sentence.  OPINION HOLDS: We reverse the denial of the motion to vacate and remand for resentencing in Everett’s presence.

Case No. 20-1112:  Jeremy Michael Cory v. State of Iowa

Filed Aug 18, 2021

View Opinion No. 20-1112

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Tabor, J.  (16 pages)

            Jeremy Cory appeals the denial of his second application for postconviction relief.  He raises several claims alleging he received ineffective assistance of trial and appellate counsel.  OPINION HOLDS: Because none of Cory’s ineffective-assistance claims warrant reversal, we affirm the denial of relief. 

Case No. 20-1127:  State of Iowa v. Lisa Marie Denzin

Filed Aug 18, 2021

View Opinion No. 20-1127

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (8 pages)

            Lisa Denzin appeals the district court’s denial of her motion to suppress and her conviction after a bench trial of operating while intoxicated, first offense.  OPINION HOLDS: Upon our review, we find reasonable suspicion supported the officer’s request for preliminary breath test, the district court correctly denied Denzin’s motion to suppress, and we affirm Denzin’s conviction.

Case No. 20-1151:  State of Iowa v. Jeffrey Lee Frazier

Filed Aug 18, 2021

View Opinion No. 20-1151

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by May, J.  (6 pages)

            Jeffrey Frazier appeals his convictions for forgery and identity theft.  OPINION HOLDS: Substantial evidence supports the jury’s verdicts. 

Case No. 20-1339:  Brandon Leroy Stockdall v. State of Iowa

Filed Aug 18, 2021

View Opinion No. 20-1339

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (3 pages)

            Brandon Stockdall appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the entry of summary disposition.

Case No. 20-1347:  State of Iowa v. Dijonis Deontrey Burkett Brown

Filed Aug 18, 2021

View Opinion No. 20-1347

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (3 pages)

            Dijonis Deontrey Burkett Brown appeals the district court’s resentencing order, contending the court considered an impermissible factor.  OPINION HOLDS: We conclude the district court did not consider an impermissible factor in resentencing Brown.

Case No. 20-1506:  State of Iowa v. Jerrmie Kershner

Filed Aug 18, 2021

View Opinion No. 20-1506

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J. (6 pages)

Jerrmie Kershner appeals his convictions for possession of methamphetamine with intent to deliver and carrying weapons. OPINION HOLDS: We grant Kershner’s application for discretionary review of his claim the district court abused its discretion by denying Kershner’s motion in arrest of judgment.  However, we determine the district court did not abuse its discretion in denying the motion.  Furthermore, Kershner’s claims of ineffective assistance of counsel cannot be raised in this direct appeal.  We do not adopt the plain error doctrine.  We affirm Kershner’s convictions.

Case No. 20-1582:  Kellie J. Van Egmond v. Rose Van Egmond, Van Egmond Enterprises, LLC

Filed Aug 18, 2021

View Opinion No. 20-1582

            Appeal from the Iowa District Court for Jasper County, Shawn Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            Rose Van Egmond challenges the partial summary judgment ruling requiring her to cooperate with the sale of her father’s home to her niece, Kelli Van Egmond.  OPINION HOLDS: Rose failed to resist the partial motion for summary judgment, and her motion to enlarge was untimely.  We affirm the partial summary judgment ruling in Kelli’s favor.

Case No. 20-1612:  State of Iowa v. Todd Michael Spurgeon

Filed Aug 18, 2021

View Opinion No. 20-1612

            Appeal from the Iowa District Court for South Lee County, Mark Kruse, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (7 pages).

            Todd Spurgeon appeals his sentence imposed following a guilty plea, alleging the district court abused its discretion in improperly weighing sentencing factors and in imposing consecutive sentences.  OPINION HOLDS: We find the district court’s sentencing considered appropriate factors and the district court did not abuse its discretion in imposing consecutive sentences. 

Case No. 20-1626:  State of Iowa v. Domonique Deshawn Parrow Sr.

Filed Aug 18, 2021

View Opinion No. 20-1626

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  SENTENCE VACATED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J. (3 pages)

            Domonique Parrow Sr. appeals the sentence imposed following convictions for guilty of driving while barred and driving while suspended.  OPINION HOLDS: We vacate Parrow’s sentence to the extent it specifies a jail sentence and remand for entry of a corrected sentence.

Case No. 20-1674:  In the Interest of S.H. and S.G., Minor Children

Filed Aug 18, 2021

View Opinion No. 20-1674

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

            Two fathers separately appeal the termination of their parental rights to their children.  The father of S.H. claims termination was not in his child’s best interests and the juvenile court erred by not placing the child in a guardianship with the paternal grandmother.  The father of S.G. contends termination was not in his child’s best interests and the State failed to prove the grounds for termination cited by the juvenile court.  OPINION HOLDS: We affirm on both appeals.  

Case No. 20-1683:  In the Interest of D.S., Alleged to be Seriously Mentally Impaired

Filed Aug 18, 2021

View Opinion No. 20-1683

            Appeal from the Iowa District Court for Johnson County, Lars Anderson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            D.S. appeals the district court decision finding he was seriously mentally impaired.  He challenges only the court’s finding that he presented a danger to himself or others.  OPINION HOLDS: We find there is sufficient evidence in the record to show D.S. was likely to quit taking medication for his mental health and diabetes if released from a residential facility.  D.S. has a history of lack of compliance with treatment.  We affirm the decision of the district court.

Case No. 21-0188:  In the Interest of K.M., Minor Child

Filed Aug 18, 2021

View Opinion No. 21-0188

            Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother appeals the termination of her parental rights to a child, contending (1) the State failed to prove the grounds for termination cited by the district court; (2) she should have been granted “an additional six months to work toward reunification”; (3) the district court should have granted an exception to termination based on her bond with the child; and (4) the district court abused its discretion in refusing to reopen the record.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 21-0222:  In the Interest of G.S. and H.R., Minor Children

Filed Aug 18, 2021

View Opinion No. 21-0222

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            The mother and father separately appeal the termination of their parental rights to their children.  OPINION HOLDS: We find a statutory ground for termination satisfied for both parents, termination of the father’s parental rights is in the children’s best interests, and termination is not precluded by the children’s objection to termination or their bond with the parents.

Case No. 21-0396:  In the Interest of D.T., J.B., and M.L., Minor Children

Filed Aug 18, 2021

View Opinion No. 21-0396

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED ON ALL APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            A mother, two of her three children, and the father of the youngest child appeal a termination of parental rights decision.  OPINION HOLDS: We affirm on all appeals.

Case No. 21-0574:  In the Interest of S.O., Minor Child

Filed Aug 18, 2021

View Opinion No. 21-0574

            Appeal from the Iowa District Court for Crawford County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED ON ALL APPEALS.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (20 pages)

            A mother, a father, and their child, S.O., all separately appeal the juvenile court order terminating parental rights.  We asked for additional briefing on whether the child has standing to appeal the ground for termination through her attorney, a role bifurcated from her guardian ad litem.  OPINION HOLDS: After reviewing the parties’ supplemental briefs and our case law, we find the child, through her attorney, has standing to appeal the ground for termination.  But we find termination is proper given the history of sexual abuse perpetrated by the father, the parents’ overall denial of the problems, and the lack of progress in safety goals.  So we affirm termination on all appeals.   

Case No. 21-0676:  In the Interest of A.C. and A.C., Minor Children

Filed Aug 18, 2021

View Opinion No. 21-0676

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J.  (4 pages)

            A mother appeals the termination of her parental rights to her two children.  She appears to concede clear and convincing evidence supports the statutory grounds for termination but argues the children could have been safely returned to care if given additional time to work toward reunification.  OPINION HOLDS: We conclude additional time is not warranted, and we affirm the termination of the mother’s parental rights.

Case No. 21-0704:  In the Interest of L.F. and L.F., Minor Children

Filed Aug 18, 2021

View Opinion No. 21-0704

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights to two children.  OPINION HOLDS: We find clear and convincing evidence to support termination under Iowa Code section 232.116(1)(f) and (h) (2020).  Because denying permanency would be more harmful to the children than terminating their parents’ rights, we decline to apply the statutory permissive factors to forego termination or place them in a guardianship.  We affirm. 

Case No. 21-0733:  In the Interest of R.R. nd P.A.

Filed Aug 18, 2021

View Opinion No. 21-0733

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Ahlers, J.  (4 pages)

            The father appeals the termination of his parental rights to his children.  OPINION HOLDS: The father waived the reasonable-efforts issues he raises on appeal by failing to inform the juvenile court of the challenges any time before the termination hearing.  The father raises no other challenge to the termination of his parental rights, so we affirm without further consideration.

Case No. 21-0772:  In the Interest of A.M., Minor Child

Filed Aug 18, 2021

View Opinion No. 21-0772

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

            The State appeals the dismissal of a petition for termination of a father’s parental rights.  OPINION HOLDS: Finding the father was appropriately served with notice pursuant to the Iowa Rules of Civil Procedure and Iowa Code section 232.112 (2021), we reverse the district court dismissal and remand for entry of the district court’s ruling regarding the May 13, 2021 termination hearing.

Case No. 21-0783:  In the Interest of J.W. and D.C, Minor Children

Filed Aug 18, 2021

View Opinion No. 21-0783

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J. and Doyle, S.J.  Opinion by Greer, J.  (6 pages)

            The mother appeals the termination of her parental rights to J.W. and D.C., born in 2010 and 2016, respectively.  The juvenile court terminated the mother’s parental rights to both children under Iowa Code section 232.116(1)(d), (e), (f), (g), (i), and (l) (2021).  The mother challenges some of the statutory grounds, asks for a six-month extension to work toward reunification, argues termination is not in the children’s best interest because of the bond they share with her, and argues for a guardianship in the maternal grandmother in lieu of termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 21-0790:  In the Interest of D.B., Jr., Minor Child

Filed Aug 18, 2021

View Opinion No. 21-0790

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father and the guardian ad litem for a minor child appeal the juvenile court’s order terminating the father’s parental rights.  OPINION HOLDS: There is sufficient evidence in the record to support termination of the father’s parental rights.  The State engaged in reasonable efforts to reunite the father and child.  Termination of the father’s parental rights is in the child’s best interests.  The court properly determined none of the exceptions to termination should be applied.  We affirm the decision of the district court.

Case No. 21-0802:  In the Interest of J.B., Minor Child

Filed Aug 18, 2021

View Opinion No. 21-0802

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights, asserting grounds for termination have not been proved, termination of her parental rights is not in the child’s best interests due to the closeness of their bond, and she should be granted another extension to seek reunification.  OPINION HOLDS: We affirm.

Case No. 21-0820:  In the Interest of B.M.

Filed Aug 18, 2021

View Opinion No. 21-0820

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The mother and father appeal the juvenile court’s adjudicatory and dispositional orders in this child-in-need-of-assistance proceeding.  OPINION HOLDS: On our de novo review, we reach the same conclusions reached by the juvenile court.  Grounds for adjudication have been established.  Placing the child in the mother’s custody with supervision and prohibitions on the father having contact with the child is an appropriate disposition at this time.

Case No. 21-0829:  In the Interest of C.B., Minor Child

Filed Aug 18, 2021

View Opinion No. 21-0829

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (3 pages)

            A father appeals the termination of his parental rights arguing termination is not in the child’s best interest.  OPINION HOLDS: Termination is in the child’s best interest.

Case No. 21-0833:  In the Interest of T.M., M.M. and D.M., Minor Children

Filed Aug 18, 2021

View Opinion No. 21-0833

            Appeal from the Iowa District Court for Crawford County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to three children.  She argues the juvenile court erred in finding the children could not be returned to her care and she had a substance-abuse problem.  She also argues termination is not in the best interests of the children.  OPINION HOLDS: We find that the State proved the grounds for termination pursuant to Iowa Code section 232.116(1)(f) and (h) (2021) by clear and convincing evidence.  We also find that termination is in the best interests of the children.

Case No. 21-0891:  In the Interest of L.C., Minor Child

Filed Aug 18, 2021

View Opinion No. 21-0891

            Appeal from the Iowa District Court for Union County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (6 pages)

            A father appeals the termination of his parental rights to a seven-year-old child.  OPINION HOLDS: It is in the child’s best interests to terminate the father’s parental rights, so we affirm. 

Case No. 19-1242:  Carloss Robinson v. State of Iowa

Filed Aug 04, 2021

View Opinion No. 19-1242

            Appeal from the Iowa District Court for Linn County, Lars Anderson, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (12 pages)

            Robinson raises three issues on appeal.  First, he contends the prosecutor’s closing argument comments on Robinson’s credibility that his trial testimony was “ludicrous,” “ridiculous,” and “bogus” were improper and prejudicial.  Second, he argues his trial counsel provided ineffective assistance of counsel by failing to object to State’s evidence of “prayer” by Robinson during his police interview.  Third, he contends the PCR court misconstrued Iowa Code section 81.8(5) (2019) in denying Robinson’s request for a DNA sample.  OPINION HOLDS:  Robinson failed to preserve error on the prosecutorial misconduct issue, but even had he preserved error we find no ineffective assistance on the part of his counsel in failing to object to the prosecutor’s comments.  His ineffective-assistance-of-counsel claim about the “prayer” lacks merit.  Robinson is not entitled to DNA records under Iowa Code section 81.8(4)-(5).  Thus, we affirm the denial of Robinson’s PCR application.               

Case No. 19-1506:  State of Iowa v. Randy Allen Crawford

Filed Aug 04, 2021

View Opinion No. 19-1506

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Greer, JJ.  Opinion by Greer, J. (4 pages)

            Randy Crawford brings an ineffective-assistance-of-counsel claim on direct appeal.  Recognizing that Iowa Code section 814.7 (Supp. 2019) prevents us from deciding claims of ineffective assistance on direct appeal, Crawford argues the statute violates separation-of-powers doctrine, equal protection, and his right to due process.  Lastly, if we cannot consider his claim under the framework of ineffective assistance, Crawford asks us to adopt plain error review.  OPINION HOLDS: Because section 814.7 prevents us from deciding Crawford’s claim of ineffective assistance on direct appeal and he has not proved section 814.7 is unconstitutional, we affirm. 

Case No. 19-1541:  State of Iowa v. Cassandra Greenway

Filed Aug 04, 2021

View Opinion No. 19-1541

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            Cassandra Greenway brings an ineffective-assistance-of-counsel claim on direct appeal.  Recognizing that Iowa Code section 814.7 (Supp. 2019) prevents us from deciding claims of ineffective assistance on direct appeal, Greenway argues the statute violates separation-of-powers doctrine, equal protection, and her right to due process.  In the alternative, if we cannot consider her claim under the framework of ineffective assistance, Greenway asks us to adopt plain error review.  OPINION HOLDS: Because section 814.7 prevents us from deciding Greenway’s claim of ineffective assistance on direct appeal and she has not proved section 814.7 is unconstitutional, we affirm. 

Case No. 19-1555:  State of Iowa v. Cassandra Greenway

Filed Aug 04, 2021

View Opinion No. 19-1555

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (3 pages)

            Cassandra Greenway appeals her conviction for theft in the second degree, raising two points of ineffective assistance of counsel.  OPINION HOLDS: Under a recent statutory amendment to Iowa Code section 814.7 (Supp. 2019), we lack authority to decide Greenway’s ineffective‑assistance-of-counsel claims on direct appeal.  Thus we affirm.  Greenway may still raise her claims in a postconviction-relief proceeding. 

Case No. 19-1624:  State of Iowa v. Cornelius Gully

Filed Aug 04, 2021

View Opinion No. 19-1624

            Appeal from the Iowa District Court for Webster County, Gina Badding, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Scott, S.J.  Opinion by Tabor, P.J.  (3 pages)

            Cornelius Gully appeals his conviction for first-degree burglary, raising a claim of ineffective assistance of counsel.  OPINION HOLDS: Because a legislative amendment to Iowa Code section 814.7 (2019) removed our authority to hear ineffective-assistance-of-counsel claims on direct appeal, we cannot decide Gully’s challenge.  Thus, he must raise his claim in a postconviction‑relief action.  We affirm. 

Case No. 19-1660:  James George Hayes III v. Polk County District Court

Filed Aug 04, 2021

View Opinion No. 19-1660

            Certiorari to the Iowa District Court for Polk County, William P. Kelly, Judge.  WRIT ANNULLED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            James Hayes III appeals the district court’s order denying his motion to correct his sentence.  OPINION HOLDS: We affirm the court’s order.

Case No. 19-1980:  Tracey K. Kuehl, Lisa K. Kuehl, Pamela J. Jones and Haley A. Anderson v. Pamela Sellner, Tom Sellner, Cricket Hollow Zoo, Inc. and Pamela J. Sellner Tom J. Sellner, an Iowa General Partnership, d/b/a Cricket Hollow Zoo

Filed Aug 04, 2021

View Opinion No. 19-1980

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Vaitheswaran, P.J.  (15 pages)

            Pamela Sellner, Tom Sellner, Cricket Hollow Zoo, Inc. and Pamela J. Sellner Tom J. Sellner, an Iowa General Partnership, D/B/A Cricket Hollow Zoo appeal the district court’s declaratory judgment and order of injunction.  OPINION HOLDS: We affirm the district court’s decision.

Case No. 19-2087:  State of Iowa v. Austine Thomas

Filed Aug 04, 2021

View Opinion No. 19-2087

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (2 pages)

            Austine Thomas appeals from his guilty pleas for offenses that are not “A” felonies.  He claims he received ineffective assistance because counsel allowed him to plead guilty without a factual basis to support his pleas.  OPINION HOLDS: Thomas has not established good cause to challenge his guilty pleas.  And, even if he could establish good cause, we are prohibited from deciding his claim of ineffective assistance on direct appeal.  We affirm.

Case No. 20-0026:  State of Iowa v. David Miles Galvin

Filed Aug 04, 2021

View Opinion No. 20-0026

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  APPEAL DISMISSED.  Considered by Doyle, P.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (5 pages)

            David Galvin appeals his conviction following a guilty plea to possession of methamphetamine with intent to deliver.  He asserts the colloquy was defective because the court failed to conduct an inquiry into the terms of the plea agreement.  OPINION HOLDS: Because Galvin did not move in arrest of judgment and does not contend the court failed to advise him of the necessity for filing that motion, he has not established good cause to appeal the plea proceedings. 

Case No. 20-0156:  State of Iowa v. Shane Michael Davis

Filed Aug 04, 2021

View Opinion No. 20-0156

            Appeal from the Iowa District Court for Floyd County, Dedra Schroeder, Judges.  APPEAL DISMISSED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (2 pages)

            Shane Davis appeals following his guilty plea to lascivious acts with a child and indecent contact with a child.  OPINION HOLDS: Davis has no right of appeal because he failed to establish good cause as required by Iowa Code section 814.6(1)(a)(3) (2020).

Case No. 20-0201:  State of Iowa v. Randelle Denver Brown

Filed Aug 04, 2021

View Opinion No. 20-0201

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (10 pages)

            Randelle Brown appeals his convictions after a jury found him guilty of four charges.  OPINION HOLDS: The district court acted within its discretion in denying Brown’s motions for mistrial based on prosecutorial misconduct.  The court instructed the jury properly on the elements of first-degree harassment and did not err by refusing to give a “true threat” instruction.

Case No. 20-0243:  State of Iowa v. Jacob Haze Heckethorn

Filed Aug 04, 2021

View Opinion No. 20-0243

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (16 pages)

            Jacob Heckethorn appeals his convictions for murder in the second degree and assault with intent to inflict serious injury, challenging the sufficiency of the evidence to support the jury’s verdict and the jury instructions on justification.  OPINION HOLDS: Upon our review of the issues before us, we affirm Heckethorn’s convictions for murder in the second degree and assault with intent to inflict serious injury.   

Case No. 20-0257:  State of Iowa v. Korki Ricoh Wilbourn

Filed Aug 04, 2021

View Opinion No. 20-0257

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED AND REMANDED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J. (10 pages)

            Korki Wilbourn appeals the sentence imposed following his guilty pleas, arguing the district court abused its discretion by failing to consider or understand its discretion to reduce his mandatory minimum sentence and further asks the court to correct a discrepancy between its oral and written pronouncement of sentence.  OPINION HOLDS: We find Wilbourn failed to establish good cause to appeal his sentence, as the court adopted the joint sentencing recommendation of the parties.  We affirm the conviction and sentence.  However, the discrepancy concerning the fine on the drug-tax-stamp conviction should be corrected via a nunc pro tunc order.  

Case No. 20-0329:  Craig Eugene Smith v. State of Iowa

Filed Aug 04, 2021

View Opinion No. 20-0329

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Greer, J.  (15 pages)

            Craig Smith appeals the summary ruling dismissing his application for postconviction relief.  The district court found the statute of limitations had run and there were no exceptions shown to the three-year limitations period.  Smith argues he was not competent to stand trial; received ineffective assistance from trial counsel and PCR counsel; and claims his sentence was illegal because he is innocent of first-degree murder.  OPINION HOLDS: We affirm the district court’s summary dismissal; Smith’s claims are all time barred by the three-year statute of limitations for postconviction relief actions, and no exceptions to the statute of limitations apply.

Case No. 20-0754:  State of Iowa v. Skylar Shae Edwards

Filed Aug 04, 2021

View Opinion No. 20-0754

            Appeal from the Iowa District Court for Jones County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  Dissent by Tabor, P.J.  (11 pages)

            Skylar Edwards appeals her conviction for possession of marijuana contending the police stop was impermissibly prolonged and the court should have sustained her suppression motion.  OPINION HOLDS: We conclude the police officer did not impermissibly prolong the stop and affirm.  DISSENT ASSERTS: I respectfully dissent. As soon as the deputy determined Edwards had properly displayed a temporary registration card in her rear window, he had no reasonable suspicion to ask for a bill of sale and her driver’s license.  Instead, he should have let her leave.  Because he continued his investigation without cause, I would reverse the district court ruling denying the motion to suppress.  

Case No. 20-0858:  Adam Michael Rees v. State of Iowa

Filed Aug 04, 2021

View Opinion No. 20-0858

            Appeal from the Iowa District Court for Grundy County, Bradley J. Harris, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., Mullins, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Adam Michael Rees filed for postconviction relief in Grundy County, arguing the Iowa Department of Corrections incorrectly credited his time in jail.  The court determined venue was inappropriate and dismissed Rees’s complaint.  Rees appeals, claiming the court erred in dismissing for improper venue.  OPINION HOLDS: We reverse and remand for further proceedings.

Case No. 20-0963:  J. Jesus Carreras and Los Primos Auto Sales, LLC d/b/a Los Primos Auto Sales v. Iowa Department of Transportation, Motor Vehicle Division

Filed Aug 04, 2021

View Opinion No. 20-0963

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (15 pages)

            Jesus Carreras appeals the judicial review of an agency decision to revoke his motor vehicle dealer license based on a federal conviction for structuring currency deposits.  He contends his conviction should not have led to revocation because it was not “in connection with selling or other activity relating to motor vehicles” under Iowa Code section 322.3(12) (2019).  OPINION HOLDS: Because the agency correctly interpreted that phrase, we affirm the revocation of Carreras’s dealer license.  But we find the district court improperly tolled enforcement of the revocation period.  Thus, we reverse the tolling order and remand with instructions to reinstate Carreras’s license five years from the date of his conviction.

Case No. 20-1048:  State of Iowa v. Sarah Elizabeth Gruel

Filed Aug 04, 2021

View Opinion No. 20-1048

            Appeal from the Iowa District Court for Dubuque County, Monica L. Wittig, Judge.  AFFIRMED.  Considered by Schumacher, P.J., May and Greer, JJ.  Opinion by Schumacher, J.  (13 pages)

            Sarah Gruel appeals the sentence imposed following her guilty plea to attempted first-degree burglary.  She argues the sentencing court abused its discretion by failing to adequately consider relevant sentencing factors and the prosecutor breached the plea agreement.  OPINION HOLDS: We find the sentencing court did not abuse its discretion and determine there was no breach of the plea agreement.  Accordingly, we affirm. 

Case No. 20-1056:  Dewann Marquise Stone v. State of Iowa

Filed Aug 04, 2021

View Opinion No. 20-1056

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (5 pages)

            Dewann Stone appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We conclude the application was barred by the statute of limitations and affirm dismissal.

Case No. 20-1093:  David Wyatt, Robert Swan, and Allen McGranahan v. Clay County Board of Supervisors and Clay County Drainage District No. 37

Filed Aug 04, 2021

View Opinion No. 20-1093

            Appeal from the Iowa District Court for Clay County, Charles K. Borth, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Blane, S.J.  Opinion by Greer, J.  (9 pages)

            Persons owning land in Drainage District No. 37 (DD37) filed a petition to initiate an election of private trustees to manage the affairs of DD37.  Based on its interpretation of Iowa Code section 468.501 (2019), the Clay County Board of Supervisors (Board) concluded the necessary majority of landowners did not sign the petition and denied the election.  David Wyatt and Robert Swan (Landowners) brought suit, arguing each person having an interest in land in DD37—even those with only a partial ownership interest—were entitled to a vote.  The district court sided with the landowners on summary judgment, concluding the Board improperly denied the election.  The Board appealed.  OPINION HOLDS: We cannot find any reference to a formula suggested by the Board that requires categories of ownership.  And if the legislature had wanted us to use that formula, it would have said so.  Thus, we agree with the Landowners and affirm the ruling of the district court.

Case No. 20-1094:  Mirza Cufurovic v. Tyson Foods, Inc.

Filed Aug 04, 2021

View Opinion No. 20-1094

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (4 pages)

            Tyson Foods, Inc. appeals the district court’s reversal of the workers’ compensation commissioner’s decision affirming an arbitration decision by the deputy commissioner.  OPINION HOLDS: The commissioner’s determination was supported by substantial evidence. 

Case No. 20-1109:  Jazmond Deantra Turner v. State of Iowa

Filed Aug 04, 2021

View Opinion No. 20-1109

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

            Jazmond Turner appeals the denial of his postconviction-relief (PCR) action.  OPINION HOLDS: Following our de novo review, we agree with the PCR court’s conclusion that Turner failed to prove his ineffective-assistance-of-counsel claim

Case No. 20-1123:  State of Iowa v. Korey Michael Edwards

Filed Aug 04, 2021

View Opinion No. 20-1123

            Appeal from the Iowa District Court for Black Hawk County, Willliam Patrick Wegman, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (5 pages)

            Korey Edwards appeals his conviction for assault causing bodily injury, challenging sufficiency of the evidence to support the jury verdict.  OPINION HOLDS: Finding sufficient evidence in the record to support the verdict, we affirm the conviction.

Case No. 20-1200:  State of Iowa v. Brett Samuel Dennis, Sr.

Filed Aug 04, 2021

View Opinion No. 20-1200

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea and Thomas Reidel, Judges.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            Brett Dennis Sr. appeals the sentences imposed arising from two different incidents.  He argues the State breached the plea agreement by arguing for consecutive sentences, the district court considered facts not admitted or proved, and the district court improperly considered the shooting victim’s request for consecutive sentences in the victim’s impact statement.  Dennis also raises claims of ineffective assistance of counsel and various constitutional challenges to Iowa Code section 814.7 (2019) and urges us to adopt the plain error doctrine.  OPINION HOLDS:  Because we may consider the merits of Dennis’s challenge to his sentences on direct appeal, we do not consider his claims of ineffective assistance of counsel or constitutional violations.  We find the state did not breach the plea agreement, the district court did not consider improper factors, and the victim’s impact statement was properly considered.  Thus, we affirm the sentences. 

Case No. 20-1227:  Heidi E. Koll v. Wells Fargo Bank, N.A.

Filed Aug 04, 2021

View Opinion No. 20-1227

            Appeal from the Iowa District Court for Polk County, Coleman J. McAllister, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (12 pages)

            Heidi Koll appeals an order dismissing her petition for declaratory judgment and granting summary judgment to Wells Fargo Bank on the enforceability of its mortgage lien following a bankruptcy discharge.  OPINION HOLDS: Because the governing federal principles provide a creditor’s mortgage lien survives a bankruptcy discharge and remains a valid lien on the debtor’s property, and the district court properly applied the law, we affirm the ruling.  

Case No. 20-1251:  Linus F. Voves and Linda K. Voves v. Tyler Hansen and Noelle Hansen

Filed Aug 04, 2021

View Opinion No. 20-1251

            Appeal from the Iowa District Court for Chickasaw County, Laura Parrish, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (7 pages)

            Tyler and Noelle Hansen appeal a summary judgment ruling quieting title to certain land.  OPINION HOLDS: Genuine issues of material fact preclude summary judgment.  We reverse and remand for trial. 

Case No. 20-1272:  In re Conservatorship of F.M.K., H.K., Conservator v. Hayes Lorenzen Lawyers, PLC

Filed Aug 04, 2021

View Opinion No. 20-1272

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Schumacher, J.  (10 pages)

            The parents of F.M.K. appeal the district court decision awarding attorney fees to Hayes Lorenzen Lawyers, P.L.C., which previously represented the parents in a medical malpractice action.  OPINION HOLDS: The district court did not abuse its discretion by concluding that Hayes Lorenzen did not terminate the contract.  The court did not abuse its discretion in determining the reasonable amount of attorney fees for the law firm’s representation.  We affirm the decision of the district court.

Case No. 20-1338:  State of Iowa v. Eliazar Gama

Filed Aug 04, 2021

View Opinion No. 20-1338

            Appeal from the Iowa District Court for Dallas County, Terry R. Rickers, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (4 pages)

            Eliazar Montoya Gama appeals the district court’s adoption of the parties’ joint sentencing recommendation.  OPINION HOLDS: The district court properly considered the required sentencing factors.

Case No. 20-1629:  State of Iowa v. Zachary Daniel Vennink

Filed Aug 04, 2021

View Opinion No. 20-1629

            Appeal from the Iowa District Court for Crawford County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            Zachary Vennink challenges his guilty plea to second degree theft, arguing it was unsupported by a factual basis because the evidence does not show he intended to permanently deprive the owner of their property.  OPINION HOLDS: Because Vennink’s written plea did not adequately inform of his rights regarding a motion in arrest of judgment, we find Vennink has good cause to appeal.  But his claim fails on the merits because the plea was supported by a factual basis.

Case No. 20-1694:  In the Interest of S.S., Minor Child

Filed Aug 04, 2021

View Opinion No. 20-1694

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (10 pages)

            A mother appeals the termination of her parental rights to her child, born in 2020, pursuant to Iowa Code section 232.116(1)(g) and (h) (2020).  She argues the juvenile court erred in not placing the child with relatives instead of in foster care, challenges the sufficiency of the evidence supporting the grounds for termination, asserts termination was contrary to the child’s best interests, requests application of the permissive exception to termination contained in section 232.116(3)(c) based on the closeness of the parent-child bond, and asks for an additional six months to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 20-1704:  In re the Marriage of Miller

Filed Aug 04, 2021

View Opinion No. 20-1704

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Danielle Richards appeals the denial of her petition to modify a 2015 dissolution decree that awarded her ex-husband, Rocky Miller, physical care of their child, J.M.  Danielle argues the district court (1) should have granted her her physical care of J.M., and (2) erred in calculating her child-support obligation because it wrongly imputed additional income to her.  She also asks for appellate attorney fees.  OPINION HOLDS: We conclude Danielle proved a substantial change in circumstances since the entry of the original decree and a superior ability to minister to the needs of the child.  Therefore, we modify the decree to award Danielle physical care of J.M.  We remand for the recalculation of child support and a determination of the allocation of the tax exemption based on this change.  We decline to award Danielle appellate attorney fees.

Case No. 21-0091:  In the Interest of K.S. and M.J., Minor Children

Filed Aug 04, 2021

View Opinion No. 21-0091

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Mullins and Schumacher, JJ.  Opinion by Bower, C.J.  (10 pages)

            A mother appeals the termination of her parental rights, challenging the grounds for termination and asserting termination of her rights was not in the children’s best interests.  OPINION HOLDS: There is clear and convincing evidence the children could not be returned to the mother’s custody at the time of termination hearing and, therefore, grounds for termination exist.  Termination of the mother’s parental rights and adoption is in the children’s best interests.

Case No. 21-0192:  In the Interest of F.W., H.W., C.W., and B.W., Minor Children

Filed Aug 04, 2021

View Opinion No. 21-0192

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

            The mother and father separately appeal the termination of their parental rights to four of their children, born between 2007 and 2012.  The father argues termination of his rights is not in the children’s best interests and the court should apply a statutory exception to termination.  He contends that rather than terminating his parental rights, the court should have transferred sole custody of the children to the mother.  The mother challenges the statutory ground for termination, argues the loss of her rights is not in the children’s best interests, and maintains the court should have applied a statutory exception to termination.  Alternatively, she asks for an extension of time to work toward reunification or maintains a guardianship in lieu of termination is the best permanency option.  OPINION HOLDS: We affirm the termination of the mother’s and the father’s rights to these children. 

Case No. 21-0334:  In the Interest of B.M. and B.M., Minor Children

Filed Aug 04, 2021

View Opinion No. 21-0334

            Appeal from the Iowa District Court for Buena Vista County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (9 pages)

            A father appeals the termination of his parental rights to his children, born in 2018 and 2019, pursuant to Iowa Code section 232.116(1)(d), (e), (h), and (i) (2020).  He challenges the sufficiency of evidence as to each ground for termination, argues termination is contrary to the children’s best interests given the closeness of the parent-child bonds, and requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

Case No. 21-0361:  In the Interest of L.C., Minor Child

Filed Aug 04, 2021

View Opinion No. 21-0361

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

            The mother appeals the order terminating her parental rights.  OPINION HOLDS: Based on our de novo review, we conclude the mother failed to challenge all statutory grounds for termination and terminating the mother’s parental rights is in the child’s best interests.  As a result, we affirm the juvenile court.

Case No. 21-0391:  In the Interest of J.D., Minor Child

Filed Aug 04, 2021

View Opinion No. 21-0391

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (5 pages)

            A mother challenges the statutory grounds authorizing termination.  OPINION HOLDS: The State established statutory grounds for termination because the child could not be safely returned to the mother’s care.

Case No. 21-0429:  In the Interest of L.C. and N.W., Minor Children

Filed Aug 04, 2021

View Opinion No. 21-0429

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Ahlers, 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 the evidence does not show that granting the mother additional time will eliminate the need for the children’s removal, we affirm the termination of her parental rights.

Case No. 21-0441:  In the Interest of J.J., Minor Child

Filed Aug 04, 2021

View Opinion No. 21-0441

            Appeal from the Iowa District Court for Cherokee County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: We affirm on the statutory ground unchallenged by either parent on appeal.  Termination is in the child’s best interest.  And neither parent is entitled to additional time to work toward reunification.

Case No. 21-0512:  In the Interest of J.K. and N.F., Minor Children

Filed Aug 04, 2021

View Opinion No. 21-0512

            Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find clear and convincing evidence supports the statutory grounds for termination of the mother’s parental rights, termination is in the children’s best interests, and none of the exceptions to termination should be applied.  We also find the mother did not timely request additional services and an extension of time is not warranted under the facts of this case.  We affirm the decision terminating the mother’s parental rights.

Case No. 21-0519:  In the Interest of S.B., Minor Child

Filed Aug 04, 2021

View Opinion No. 21-0519

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (6 pages)

            The State appeals a juvenile court order denying its petition to terminate the mother’s parental rights, challenging the court’s finding that termination was not in the child’s best interests.  OPINION HOLDS: We affirm the decision of the juvenile court.

Case No. 21-0521:  In the Interest of H.P., Minor Child

Filed Aug 04, 2021

View Opinion No. 21-0521

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her one-year-old son.  OPINION HOLDS:  Because of the mother’s ongoing issues with sobriety and her avoidance of mental-health services, we find support for a statutory ground for termination and affirm. 

Case No. 21-0547:  In the Interest of T.N., Minor Child

Filed Aug 04, 2021

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            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: The evidence shows the child cannot be returned to the father’s care without exposing the child to any harm amounting to a new child-in-need-of-assistance adjudication and termination is in the child’s best interests.  Because nothing in the father’s past performance suggests that the child can be returned to him in six months to warrant delaying permanency, we affirm.

Case No. 21-0561:  In the Interest of K.M., Minor Child

Filed Aug 04, 2021

View Opinion No. 21-0561

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by May, J.  Dissent by Mullins, J.  (9 pages)

            The State appeals the juvenile court’s dismissal of a child-in-need-of-assistance petition.  OPINION HOLDS: We conclude the State failed to meet its burden to prove the allegations by clear and convincing evidence.  DISSENT ASSERTS: On my de novo review of the record, I would find the child’s testimony credible and that it is not in the child’s best interest to be returned to the home of the alleged abuser.  I would find the State proved the grounds for adjudication pursuant to Iowa Code section 232.2(6)(c)(2) and (d) (2021) by clear and convincing evidence.  Accordingly, I respectfully dissent and would reverse and remand this case for further proceedings.

Case No. 21-0644:  In the Interest of H.V., Minor Child

Filed Aug 04, 2021

View Opinion No. 21-0644

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitherswaran, P.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The district court appropriately terminated the mother’s parental rights pursuant to Iowa Code section 232.116(1)(f) (2020).

Case No. 21-0677:  In the Interest of D.G., Minor Child

Filed Aug 04, 2021

View Opinion No. 21-0677

            Appeal from the Iowa District Court for Taylor County, Monty W. Franklin, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The mother concedes the State proved the grounds for termination under Iowa Code section 232.116(1)(e) (2021).  Because termination is in the child’s best interests, we affirm the termination even though the child is in the legal custody of a relative.

Case No. 21-0719:  In the Interest of A.B. and M.B.

Filed Aug 04, 2021

View Opinion No. 21-0719

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J.  (3 pages)

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

Case No. 21-0720:  In the Interest of A.T., A.T., and S.K.

Filed Aug 04, 2021

View Opinion No. 21-0720

            Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenle Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (2 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights, deeming her arguments on appeal waived.

Case No. 21-0743:  In the Interest of D.W. and N.W., Minor Children

Filed Aug 04, 2021

View Opinion No. 21-0743

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and May, JJ.  Opinion by May, J.  (3 pages)

            A father appeals from the termination of his parental rights to his children, arguing termination is not in the children’s best interests.  OPINION HOLDS: Termination is in the children’s best interests.

Case No. 19-0555:  State of Iowa v. Shawn Patrick Shelton

Filed Jul 21, 2021

View Opinion No. 19-0555

            Appeal from the Iowa District Court for Lucas County, Terry Rickers, Judge.  WRIT SUSTAINED IN PART; ANNULLED IN PART; AND REMANDED.  Considered by Vaitheswaran, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (17 pages)

            The defendant challenges the denial of his motion for new trial contending the court failed to give adequate notice of the hearing and denied him an opportunity to present evidence as required by Iowa Rule of Criminal Procedure 2.24(2)(A).  He also contends the court failed to establish his waiver of counsel and erred in denying his post-hearing request for court-appointed counsel on mootness grounds.  OPINION HOLDS: We treat the appeal as a petition for writ of certiorari.  We find the trial court acted illegally in ruling on the defendant’s motion for new trial without giving adequate notice of the hearing and failing to give the defendant full opportunity to present evidence on the motion and therefore sustain the writ.  We find the court did not act illegally regarding the motion to amend the motion for new trial since we remand for hearing on the motion for new trial.  We also find the court did not act illegally in only appointing standby counsel, and due to remand, direct the court to address the renewed appointment of counsel request.  We annul the writ as to these last two issues. 

Case No. 19-1337:  State of Iowa v. Derek Eugene Robbins

Filed Jul 21, 2021

View Opinion No. 19-1337

            Appeal from the Iowa District Court for Clarke County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (4 pages)

            Derek Eugene Robbins appeals his convictions for three offenses, challenging the imposition of consecutive sentences and asserting trial counsel failed to provide effective assistance by not filing a motion to suppress evidence.  OPINION HOLDS: We find no abuse of discretion in sentencing, and Iowa Code section 814.7 (Supp. 2019) precludes our consideration of Robbins’s ineffective-assistance-of-counsel claim.  We affirm.

Case No. 19-1376:  State of Iowa v. Anthony Brian Nicholson

Filed Jul 21, 2021

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            Appeal from the Iowa District Court for Scott County, Nancy S. Tabor, Thomas Reidel, and Mark R. Fowler, Judges.  AFFIRMED.  Considered by Bower, C.J., May, J., and Danilson, S.J.  Tabor, J., takes no part.  Opinion by Danilson, S.J.  (11 pages)

            Anthony Nicholson appeals his convictions in three criminal cases.  OPINION HOLDS: We find there is substantial evidence to support Nicholson’s convictions of possession of marijuana, failure to appear, and third-degree arson.  We affirm his convictions in each of the three cases.

Case No. 19-1602:  Travaris James Chancellor v. State of Iowa

Filed Jul 21, 2021

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            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Travaris Chancellor appeals the grant of summary judgment dismissing his second application for postconviction relief.  OPINION HOLDS: Chancellor did not present new evidence that could not have been raised within the applicable time period.  Therefore, his application is time barred.

Case No. 19-1755:  Roger Joseph Hoffert, Jr. v. State of Iowa

Filed Jul 21, 2021

View Opinion No. 19-1755

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (7 pages)

            Roger Hoffert appeals an order granting his application for postconviction relief.  OPINION HOLDS: Hoffert failed to preserve his claim of actual innocence.  His ineffective-assistance-of-counsel claim is moot.

Case No. 19-1759:  Loren Lee Pesicka, Jr. v. Snap-On Logistics Company a/k/a Snap-On Tools Manufacturing Company

Filed Jul 21, 2021

View Opinion No. 19-1759

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (15 pages)

            A worker appeals from a district court decision reviewing his claim for benefits brought before the Iowa Workers’ Compensation Commissioner.  On appeal, he argues the commission erred by awarding less permanent disability than the legislature mandated; the commissioner erred by awarding permanent disability compensation based upon only objective evidence; and the commissioner erred by reducing reimbursement of an independent medical examination (IME) fee. OPINION HOLDS: We affirm the district court order, which affirmed the commissioner’s award following hearing on claimant’s reopening petition. We reject Pesicka’s argument regarding evidence of subjectively manifested impairment.  We find no abuse of discretion in the decision to reduce reimbursement for the IME fee.

Case No. 19-1810:  State of Iowa v. Adam Golden McCain

Filed Jul 21, 2021

View Opinion No. 19-1810

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J. (17 pages)

            Adam McCain appeals his conviction for murder in the first degree.  He argues the district court should have granted his motion to suppress statements he made while at the jail.  OPINION HOLDS: The officers scrupulously honored McCain’s right to remain silent, and he properly waived this right.  As controlling precedent declines to impose a requirement to prove waiver by written or video-recorded means, we reject McCain’s request to adopt such a requirement.  McCain’s fruit-of-the-poisonous-tree argument is not preserved for our review, and even if it were, there was no impropriety that warrants suppression of McCain’s statements to relatives.

Case No. 19-1902:  State of Iowa v. Michael Triplett

Filed Jul 21, 2021

View Opinion No. 19-1902

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

            Michael Triplett was convicted of having dominion or control of a firearm as a convicted felon.  On appeal, Triplett challenges the sufficiency of the evidence supporting his conviction.  He only challenges the sufficiency of the evidence proving he had a firearm in his dominion or control; he does not challenge whether there was substantial evidence he aided and abetted a felon in possessing a firearm.  OPINION HOLDS: Under Iowa Code section 814.28 (Supp. 2019), we are required to affirm if substantial evidence supports at least one theory presented to the jury.  Because Triplett fails to challenge the sufficiency of the evidence supporting one of the grounds, he waived argument on that ground, and we affirm on it without further consideration.

Case No. 19-1938:  Tajh Malik Ross v. State of Iowa

Filed Jul 21, 2021

View Opinion No. 19-1938

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (13 pages)

            Tajh Ross appeals the district court’s denial of his application for postconviction relief following his 2014 convictions for murder in the first degree, intimidation with a dangerous weapon, and going armed with intent.  OPINION HOLDS: Upon our review, we affirm the court’s order denying Ross’s application for postconviction relief.  

Case No. 19-2001:  State of Iowa v. Hubert Todd, Jr.

Filed Jul 21, 2021

View Opinion No. 19-2001

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  WRIT SUSTAINED AND REMANDED WITH DIRECTIONS.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  Dissent by May, J.  (13 pages)

            Hubert Todd Jr. appeals the denial of his application for modification of sex offender registration requirements on the basis that he failed to complete a required sex offender treatment program (SOTP) pursuant to Iowa Code section 692A.128(2)(b) (2018).  OPINION HOLDS: On the jurisdictional issue submitted with this appeal, we choose to treat Todd’s notice of appeal and brief as a petition for writ of certiorari, we grant the writ, and we proceed to the merits.  We conclude Todd was never “required” to complete any SOTP.  Because no such programming was required, section 692A.128(2)(b) was satisfied, and the district court erred in denying Todd’s application for modification.  We sustain the writ of certiorari, and we remand the matter to the district court to exercise its discretion under section 692A.128(5) and (6) in determining whether to grant modification.  DISSENT ASSERTS: I believe sworn testimony from a treatment services manager stating Hubert Todd was ordered to complete a sex-offender treatment program (SOTP) constitutes substantial evidence to support the district court's finding that Todd was required to complete a SOTP.

Case No. 19-2034:  In the Matter of the Estate of Gladys R. Troendle, Deceased.

Filed Jul 21, 2021

View Opinion No. 19-2034

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED ON APPEAL; REVERSED AND REMANDED ON CROSS-APPEAL.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (11 pages)

            Steven Troendle appeals an adverse civil jury verdict.  Michele Troendle cross-appeals claiming the jury’s verdict is inconsistent with its damages award for several causes of action.  OPINION HOLDS: Steven’s claims are either not preserved, not sufficiently developed, or do not warrant relief.  With respect to Michele’s cross-appeal, because we cannot reconcile the jury’s liability findings with its damages awards for abuse of process, interference with inheritance, intentional infliction of emotional distress, and breach of fiduciary duty, we reverse the verdicts as to damages on these four counts only.

Case No. 19-2152:  State of Iowa v. Justin Pattison

Filed Jul 21, 2021

View Opinion No. 19-2152

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl and John J. Bauercamper, Judges.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Justin Pattison appeals following his guilty pleas to possession of marijuana, third offense, as a habitual offender; operating while intoxicated, second offense; driving while barred; and two counts of child endangerment.  Pattison contends “the district court failed to substantially comply with the Iowa Rules of Criminal Procedure 2.8(2)(b) and (d) regarding [his] guilty plea to the” possession charge, “rendering [his] guilty plea as unknowing, involuntary and without a factual basis.”  OPINION HOLDS: On Pattison’s possession conviction, we vacate the plea, reverse the judgment of conviction, and remand for further proceedings.

Case No. 20-0002:  State of Iowa v. Triston King Phillips

Filed Jul 21, 2021

View Opinion No. 20-0002

            Appeal from the Iowa District Court for Hardin County, John J. Haney, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (4 pages)

            Triston Phillips appeals his convictions of sexual abuse claiming there was insufficient evidence to convict him and his counsel provided ineffective assistance.  OPINION HOLDS: Phillips’s motion for judgment of acquittal did not preserve error for the argument he now raises on appeal.  Furthermore, we cannot review Phillips’s ineffective-assistance-of-counsel claims on direct appeal.  So we affirm his convictions and reserve his ineffective-assistance-of-counsel claims for a possible post-conviction relief proceeding.

Case No. 20-0045:  Raymond E. Thomas v. State of Iowa

Filed Jul 21, 2021

View Opinion No. 20-0045

            Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            Raymond Thomas’s third application for postconviction relief (PCR)—filed more than eleven years after procedendo issued on his direct appeal—was dismissed as time-barred.  Thomas argues an exception to the statute of limitations saves his application so the district court was wrong to dismiss.  OPINION HOLDS: Because Thomas has not established an exception to the statute of limitations to save his third PCR application, we affirm the district court’s dismissal. 

Case No. 20-0073:  State of Iowa v. Johnny S. Patterson

Filed Jul 21, 2021

View Opinion No. 20-0073

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Johnny Patterson appeals his conviction for third-degree sexual abuse.  Patterson proffers two arguments on appeal.  OPINION HOLDS: Because sufficient evidence supports Patterson’s conviction and the district court acted within its discretion in denying Patterson’s motion for new trial, we affirm.

Case No. 20-0076:  In re the Marriage of Susan Gayle Hutchinson and Robert Gregory Hutchinson, In re the Marriage of Susan Gayle Hutchinson and Robert Gregory Hutchinson v. Upon the Petition of Susan Gayle Hutchinson, And Concerning Robert Gregory Hutchinson

Filed Jul 21, 2021

View Opinion No. 20-0076

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  REVERSED AND REMANDED.  Heard by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  Special Concurrence and Partial Dissent by Schumacher, J.  (32 pages)

            Robert Hutchinson appeals the modification of the parties’ dissolution decree based upon his alleged extrinsic fraud.  OPINION HOLDS: Susan Hutchinson has not shown that reasonable diligence would not have permitted her to discover Robert’s fraud within one year after entry of the decree.  Accordingly, Susan is not entitled to recover in this proceeding.  PARTIAL DISSENT AND SPECIAL CONCURRENCE ASSERTS: As Robert committed extrinsic fraud that could not be discovered with due diligence within one year of the decree, the district court should be affirmed in part.  The requirement for Robert to pay a portion of the property settlement from a pension acquired after the marriage should be modified.  Further, appellate attorney fees for Susan are appropriate, with a remand required on the issue of sanctions for development of the record and for consideration of Robert’s request for attorney fees on the dismissed count of Susan’s petition.

Case No. 20-0085:  State of Iowa v. Joshua G. Chapalonis

Filed Jul 21, 2021

View Opinion No. 20-0085

            Appeal from the Iowa District Court for Cass County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J. (11 pages)         

            Joshua Chapalonis appeals his seven convictions for sexual abuse in the second degree.  He argues the district court improperly allowed the jury to hear privileged communications he made to his substance-abuse counselor.  He also challenges the admission of expert testimony concerning the delayed disclosure of children in sex abuse cases.  OPINION HOLDS: Because any confidential communications were admissible under the privilege exception in Iowa Code section 232.74 (2020) and the district court did not abuse its discretion in allowing the forensic interviewer to testify about the delayed disclosure, we decline to grant a new trial.  Thus, we affirm the convictions. 

Case No. 20-0125:  Tyson James Ruth v. State of Iowa

Filed Jul 21, 2021

View Opinion No. 20-0125

            Appeal from the Iowa District Court for Greene County, Gina Badding, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May, J. and Potterfield, S.J.  Opinion by Mullins, P.J.  (5 pages)

            Tyson Ruth appeals the denial of his application for postconviction relief (PCR).  He argues the district court erred in denying his claims that his criminal counsel was ineffective in (1) allowing him to enter a plea that was coerced and not voluntary and (2) not filing a motion to suppress on the basis he was denied his constitutional right to a neutral and detached magistrate issuing search warrants.  OPINION HOLDS: We affirm the denial of Ruth’s PCR application.

Case No. 20-0158:  State of Iowa v. Tanner Jon King

Filed Jul 21, 2021

View Opinion No. 20-0158

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor and Schumacher, JJ., and Carr and Gamble, S.J.  Opinion by Tabor, J.  (18 pages)

            Tanner King appeals his two convictions for murder in the first degree challenging the district court’s ruling that testimony of a local barber who shared second-hand information about an alternative suspect with a police detective was inadmissible hearsay.  King contends this decision deprived him of his due process right to present a defense.  OPINION HOLDS: The district court correctly determined that the proffered evidence is hearsay.  Because it was inadmissible, King had no due process right to present the testimony.  We affirm the convictions. 

Case No. 20-0259:  Chad Enderle v. State of Iowa

Filed Jul 21, 2021

View Opinion No. 20-0259

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

          Chad Enderle appeals the district court order dismissing his application for postconviction relief.  OPINION HOLDS: We affirm the dismissal of the untimely application.

Case No. 20-0297:  Poweshiek Township v. Gannon

Filed Jul 21, 2021

View Opinion No. 20-0297

            Appeal from the Iowa District Court for Jasper County, Brad Mccall, Judge.  AFFIRMED ON BOTH APPEALS.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (21 pages)

            On January 16, 2018, the district court entered summary judgment for plaintiffs Poweshiek Township and Jasper County (collectively “the Township”) on their claim of adverse possession and quieted title to Sams Cemetery.  The district court entered summary judgment for the Township on its claim for an access easement to Sams Cemetery, whether by prescription or necessity.  After a trial on remaining issues, the court determined the boundary lines of Sams Cemetery and the width and direction of the access easement.  The defendants appeal, asserting genuine issues of material fact precluded the summary judgment rulings.  The plaintiffs cross-appeal the court’s establishing the width of the access easement at sixteen feet rather than twenty feet.  OPINION HOLDS: Because the Township acquired title to Sams Cemetery by adverse possession at latest by 1995, the court did not err in granting summary judgment on the Township’s quiet title action and its claim for an access easement to the cemetery.  We discern no reason to disturb the court’s findings and conclusions as to the boundaries of the cemetery or the width and description of the access easement.  Therefore, we affirm on both appeals.

Case No. 20-0446:  Aaron Lance Sams v. State of Iowa

Filed Jul 21, 2021

View Opinion No. 20-0446

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Aaron Sams appeals the denial of his application for postconviction relief, asserting trial and postconviction counsel were ineffective.  OPINION HOLDS: Sams has failed to prove trial counsel was ineffective, and we do not address the claim postconviction counsel was ineffective because the record is inadequate.  We affirm.

Case No. 20-0504:  Dakota Poland v. State of Iowa

Filed Jul 21, 2021

View Opinion No. 20-0504

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (4 pages)

            Dakota Poland appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: Poland’s constitutional claims were not properly preserved for appellate review, and accordingly dismissal of his application for postconviction relief is affirmed.

Case No. 20-0565:  State of Iowa v. Joseph Cruz Cordero

Filed Jul 21, 2021

View Opinion No. 20-0565

            Appeal from the Iowa District Court for Hardin County, Angela L. Doyle, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR NEW SENTENCING HEARING.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (6 pages)

            Joseph Cruz Cordero appeals following his convictions for distributing a controlled substance (marijuana) to a minor within 1000 feet of a public park and third-degree sexual abuse.  OPINION HOLDS: We conclude Cruz’s waiver of an in-person hearing was not knowing, intelligent, and voluntary, and the waiver was invalid.  We vacate the sentences imposed on Cruz’s convictions and remand the matter for a new sentencing hearing.

Case No. 20-0683:  Alan Andersen, Individually and as injured parent of Chelsea Andersen and Brody Andersen and Diane Andersen, Wife of Alan Andersen v. Sohit Khanna, M.D. and Iowa Heart Center, P.C.

Filed Jul 21, 2021

View Opinion No. 20-0683

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Heard by Tabor, P.J. and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (17 pages)

            Plaintiffs Alan and Diane Andersen appeal the district court’s grant of mistrial and dismissal of their petition.  OPINION HOLDS: The Andersens’ counsel describing the failure to obtain proper informed consent as a “crime” resulted in significant unfair prejudice to the defendants with little to no relevance to the issues of informed consent to be presented at trial.  We find no abuse of discretion in granting the mistrial.  With this third mistrial caused by the Andersens despite escalating prior sanctions, we find no abuse of discretion in dismissing the petition as a sanction. 

Case No. 20-0766:  A.Y. McDonald Industries, Inc. v. Michael B. McDonald

Filed Jul 21, 2021

View Opinion No. 20-0766

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Mullins, P.J., and May and Greer, JJ.  Opinion by Greer, J.  Dissent by Mullins, P.J.  (19 pages)

            Michael McDonald (Michael) appeals the district court’s ruling in favor of A.Y. McDonald Industries, Inc. (A.Y.) following a trial on a breach of contract dispute.  Michael claims the district court erred in (1) finding he, rather than A.Y., breached their amended restitution agreement; (2) declaring a limited power of attorney (LPOA) executed by Michael to facilitate payments to A.Y. from two spendthrift trusts was irrevocable; (3) awarding A.Y. attorney fees; (4) issuing a permanent injunction preventing Michael from rescinding the LPOA or breaching the amended agreement in the future; and (5) finding A.Y. did not interfere with Michael’s expectancy interest under the spendthrift trusts.  OPINION HOLDS: We affirm the district court’s order finding Michael in breach of the restitution agreement and the award of attorney fees to A.Y.  We also affirm the ruling that A.Y. did not breach any agreement with Michael.  We reverse the order enforcing the LPOA and its restraint on the spendthrift trust distributions, and we reverse the grant of A.Y.’s request for a permanent injunction.  PARTIAL DISSENT ASSERTS: I would affirm the district court in all respects.

Case No. 20-0769:  American Home Assurance v. Liberty Mutual Fire Insurance Company

Filed Jul 21, 2021

View Opinion No. 20-0769

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., Greer and Schumacher. JJ.  Opinion by Vaitheswaran, P.J.  (16 pages)

            Liberty Mutual Fire Insurance Company (Liberty Mutual) appeals from a ruling on judicial review reversing the workers’ compensation commissioner’s decision and concluding American Home Assurance (American Home) was entitled to reimbursement from Liberty Mutual for benefits paid when it was not the employer’s insurance carrier.  OPINION HOLDS: We conclude the commissioner’s interpretation of Iowa Code section 85.21 (2016) was neither “irrational, illogical, or wholly unjustifiable” nor “erroneous.”  The district court judgment reversing the portion of the commissioner’s decision that declined to order reimbursement for benefits American Home paid prior to January 3, 2017, is reversed.  The case is remanded for entry of a judgment consistent with this opinion.

Case No. 20-0774:  Denson v. Capps

Filed Jul 21, 2021

View Opinion No. 20-0774

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            Alexandria Capps appeals from the modification of her custody decree, which gave physical care of her child to the father.  OPINION HOLDS: The father established he is able to minister more effectively to their child’s wellbeing.  So we affirm.

Case No. 20-0829:  In re the Marriage of Towne

Filed Jul 21, 2021

View Opinion No. 20-0829

            Appeal from the Iowa District Court for O’Brien County, Nancy L. Whittenburg, Judge.  AFFIRMED AS MODIFIED ON APPEAL AND REMANDED; AFFIRMED ON CROSS-APPEAL.  Heard by Bower, C.J., Tabor, Greer, and Ahlers, JJ., and Vogel, S.J.  Opinion by Ahlers, J.  (19 pages)

            Larry Towne appeals and Angela Towne cross-appeals from the decree dissolving their marriage.  Both parties challenge the property division and spousal support provisions of the decree, Larry challenges the district court’s refusal to order Angela to pay his trial attorney fees, and both parties request appellate attorney fees.  OPINION HOLDS: We modify the decree to order both parties to be equally responsible for any future liability on their children’s student loan debt in existence at the time of the decree, and we increase the property settlement equalization payment owed by Angela to Larry to $78,086.00.  We also eliminate the reduction of Angela’s spousal support obligation once Larry turns sixty-seven years of age.  In all other respects, the district court’s decree is affirmed both on Larry’s appeal and Angela’s cross-appeal.  We award Larry appellate attorney fees in the amount of sixty percent of the reasonable and necessary fees incurred by Larry on appeal, and we remand for the district court to determine that amount.

Case No. 20-0874:  State of Iowa v. Timothy Michael Webber

Filed Jul 21, 2021

View Opinion No. 20-0874

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (3 pages)

            Timothy Webber appeals following his conviction for second-degree theft as a habitual offender, arguing the district court abused its discretion in denying his new trial motion on the ground that the verdict was contrary to the law and evidence.  OPINION HOLDS: We affirm the district court’s denial of Webber’s new trial motion. 

Case No. 20-0954:  Terry Dotts v. City of Des Moines, Iowa

Filed Jul 21, 2021

View Opinion No. 20-0954

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            An injured worker appeals from the district court’s order affirming the denial of the worker’s application for alternate medical care.  OPINION HOLDS: The record provided to us does not include a transcript or recording of the hearing held before the agency.  As we do not presume error in the proceedings, on the record before us we must affirm.

Case No. 20-0966:  Eric Bonita Peppers v. State of Iowa

Filed Jul 21, 2021

View Opinion No. 20-0966

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (7 pages)

            Eric Peppers appeals the dismissal of his application for postconviction relief on statute-of-limitations grounds.  OPINION HOLDS: We affirm the dismissal of Peppers’s application.

Case No. 20-0973:  Tamaiysha Turner v. CCRC of Cedar Rapids, LLC, d/b/a Terrace Glen Village, LLC, and United Wisconsin Insurance Company

Filed Jul 21, 2021

View Opinion No. 20-0973

            Appeal from the Iowa District Court for Linn County, Christopher Bruns, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Tamaiysha Turner appeals the denial of her application for order for rule to show cause.  OPINION HOLDS: We dismiss Turner’s appeal as not timely.  Even if her appeal were timely, we would find no abuse of discretion in the district court’s refusal to find the respondents in contempt.

Case No. 20-0983:  State of Iowa v. Dan Eugene Schwabe

Filed Jul 21, 2021

View Opinion No. 20-0983

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J. (4 pages)

                       Dan Schwabe appeals the district court’s denial of his motion to suppress evidence following a traffic stop.  OPINION HOLDS: On our de novo review, we reach the same conclusion as the district court that Schwabe did, in fact, cross the centerline several times as testified to by the officer.  These infractions provided probable cause and reasonable suspicion to initiate a traffic stop of Schwabe’s vehicle, so there was no constitutional violation.  Thus, the district court properly denied Schwabe’s suppression motion.

Case No. 20-0985:  Michael Kenneth Schmitt and Connie Louise Schmitt v. Floyd Valley Healthcare

Filed Jul 21, 2021

View Opinion No. 20-0985

            Appeal from the Iowa District Court for Plymouth County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Michael and Connie Schmitt appeal the dismissal of their medical malpractice claims against Floyd Valley Healthcare.  OPINION HOLDS: Because expert witness testimony is necessary to establish a prima face case on each of the Schmitts’ medical malpractice claims, the district court correctly applied the law in determining a certificate of merit affidavit is necessary under Iowa Code section 147.140 (2018).  The Schmitts failed to substantially comply with the requirements for a certificate of merit affidavit, and therefore, the district court properly granted the defendant’s motion to dismiss. 

Case No. 20-1023:  Sarah Hyatt v. Marion Civil Service Commission

Filed Jul 21, 2021

View Opinion No. 20-1023

            Appeal from the Iowa District Court for Linn County, Chad A. Kepros, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (12 pages)

            Sarah Hyatt appeals a district court ruling upholding a civil service commission’s ruling affirming the termination of Hyatt’s employment.  OPINION HOLDS: We find Hyatt possessed and consumed a controlled substance at her place of employment, slept while on duty, and was dishonest during the ensuing investigation.  So her termination was appropriate.

Case No. 20-1073:  In re the Marriage of Potter

Filed Jul 21, 2021

View Opinion No. 20-1073

            Appeal from the Iowa District Court for Benton County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (5 pages)

            Lucas Potter appeals the denial of his motion to set aside a default judgment.  OPINION HOLDS: Lucas did not establish good cause to set aside the default.  We do not award Jessica Potter appellate attorney fees.

Case No. 20-1101:  State of Iowa v. Ricardo Lycrgus Perry

Filed Jul 21, 2021

View Opinion No. 20-1101

            Appeal from the Iowa District Court for Polk County, Mark F. Schlenker, District Associate Judge.  SENTENCES VACATED AND REMANDED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J. (6 pages)

            Following his guilty pleas, Ricardo Perry appeals his sentences for two counts of operating while intoxicated.  OPINION HOLDS: Since the sentencing court referred to facts not admitted or proven, we vacate Perry's sentence and remand the case to the district court for resentencing before a different judge.

Case No. 20-1158:  Kelly Concrete Company, Inc. v. Jim Sattler, Inc.

Filed Jul 21, 2021

View Opinion No. 20-1158

            Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Judge.  REVERSED AND REMANDED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (10 pages)

            Kelly Concrete Company, Inc. appeals the district court’s pre-answer dismissal of its petition to foreclose on a mechanic’s lien.  OPINION HOLDS: Considering the petition in the light most favorable to Kelly, we cannot conclude there is no conceivable state of facts under which Kelly might show a right of recovery.

Case No. 20-1181:  State of Iowa v. Robert Ritchie

Filed Jul 21, 2021

View Opinion No. 20-1181

            Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan, Judge.  SENTENCE AFFIRMED IN PART AND REMANDED FOR ENTRY OF A CORRECTED SENTENCING ORDER.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            After entering a plea of guilty, Robert Ritchie appeals his sentence for operating while intoxicated (OWI), second offense.  First, Ritchie claims the district court erred by denying him his right of allocution.  Next, Ritchie asserts his sentence is illegal because the district court failed to order compliance with recommendations proposed in a substance-abuse evaluation.  Lastly, Ritchie argues the district court abused its discretion by failing to consider a critical health issue before sentencing him to prison.  OPINION HOLDS: We find the sentencing court did not deny Ritchie his right of allocution.  Likewise, we find no abuse of discretion in the sentence imposed.  However, we remand to the district court for entry of a corrected sentencing order requiring Ritchie to comply with the recommendations in his substance-abuse evaluation.  All other provisions of the sentencing order shall remain unchanged.

Case No. 20-1186:  John Doe, M.D. v. Iowa Board of Medicine

Filed Jul 21, 2021

View Opinion No. 20-1186

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Tabor, JJ.  Opinion by Bower, C.J.  (9 pages)

            Dr. Doe appeals a district court order affirming the Iowa Board of Medicine’s (Board) order to undergo a confidential competency evaluation.  OPINION HOLDS: Based on the record before us, including the Board’s credibility findings, the Board had probable cause to order Dr. Doe undergo the comprehensive evaluation.  We affirm.

Case No. 20-1210:  Tamaiysha Turner v. CCRC of Cedar Rapids, LLC, d/b/a Terrace Glen Village, LLC, and United Wisconsin Insurance Company

Filed Jul 21, 2021

View Opinion No. 20-1210

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

            Tamaiysha Turner appeals the denial of her application seeking to hold employer CCRC of Cedar Rapids, LLC, d/b/a Terrace Glen Village, LLC, and its insurer, United Wisconsin Insurance Co., in contempt.  OPINION HOLDS: We find no reviewable claim of error preserved for appeal arising from the employer’s identity, no error in the district court’s analysis of Turner’s contempt claim, and no abuse of discretion in the court declining to admit Turner’s proposed exhibits.  Therefore, we affirm.

Case No. 20-1212:  Thomas K. Bice v. Steven J. Wells, Individually and d/b/a United Insurance Agencies

Filed Jul 21, 2021

View Opinion No. 20-1212

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

            Thomas Bice appeals a summary judgment ruling in favor of Steven Wells d/b/a United Insurance Agencies.  OPINION HOLDS: Bice’s claim fails as a matter of law.  The district court was right to grant summary judgment. 

Case No. 20-1245:  In the Matter of the Estate of Karl A. Kloster, Deceased.

Filed Jul 21, 2021

View Opinion No. 20-1245

            Appeal from the Iowa District Court for Marion County, Elisabeth S. Reynoldson, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (7 pages)

            Sandra Kloster appeals the order denying her claim for an elective share as surviving spouse of Karl Kloster’s estate.  She challenges the district court’s finding that the premarital agreement she signed was enforceable, arguing it was procedurally unconscionable.  She also contends her decision to sign the agreement was not informed because Karl failed to provide a fair or reasonable financial disclosure and she had inadequate knowledge of his finances.  OPINION HOLDS: Sandra has not met her burden of showing the premarital agreement is unenforceable.  Because the agreement waived her right to elect against the will, we affirm.

Case No. 20-1269:  Norie C. Smith v. TPI Iowa, LLC and Insurance Company of the State of Pennsylvania

Filed Jul 21, 2021

View Opinion No. 20-1269

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

            Norrie C. Smith appeals the workers’ compensation commissioner’s finding that she failed to meet her burden of proving her injury arose out of her employment.  OPINION HOLDS:  Smith failed to provide expert testimony causally connecting her injury to her employment with TPI.  The commissioner’s decision was based on substantial evidence.

Case No. 20-1284:  David Schneider v. Transamerica Life Insurance Company

Filed Jul 21, 2021

View Opinion No. 20-1284

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill and Mary E. Chicchelly, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (3 pages)

            David Schneider appeals the denials of his applications for default judgment on his claims against Transamerica Life Insurance Company.  OPINION HOLDS: Because there is no basis for finding the defendant in default, we affirm the denial of Schneider’s applications for default judgment and his motion to reconsider.

Case No. 20-1318:  State of Iowa v. Michael T. Reicks

Filed Jul 21, 2021

View Opinion No. 20-1318

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (5 pages)

            Michael Reicks appeals his indeterminate twenty-year prison sentence for two counts of sexual abuse in the third degree.  He contends the district court considered unproven offenses from the victim impact statements and abused its discretion by imposing consecutive terms.  OPINION HOLDS: Because the court averred it was not considering any unproven allegations and instead weighed appropriate sentencing factors, we affirm. 

Case No. 20-1405:  State of Iowa v. Joseph Daniel Huntoon

Filed Jul 21, 2021

View Opinion No. 20-1405

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            Joseph Huntoon appeals the denial of his motion to dismiss his lifetime sex offender registration requirement, asserting it violates his constitutional rights.  OPINION HOLDS: We find Huntoon’s constitutional rights have not been violated and affirm the district court ruling.

Case No. 20-1567:  In the Interest of L.R. and D.R., Minor Children

Filed Jul 21, 2021

View Opinion No. 20-1567

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

            A father appeals the district court order terminating his parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the father’s parental rights.  We also find termination of his rights is in the children’s best interests.  We affirm the decision of the district court.

Case No. 20-1684:  In the Interest of A.M. and C.M., Minor Children

Filed Jul 21, 2021

View Opinion No. 20-1684

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            A father appeals the termination of his parental rights as to his two children.  On appeal, he argues the statutory grounds for termination were not met; termination is not in the children’s best interests; and because the children are in their grandmother’s custody, an exception should preclude termination.  OPINION HOLDS: Finding clear and convincing evidence that the statutory grounds for termination were proved; termination is in the children’s best interests; and the children being placed in the grandmother’s custody does not warrant a refusal to terminate the father’s rights, we affirm.

Case No. 20-1692:  In the Interest of G.R., Minor Child

Filed Jul 21, 2021

View Opinion No. 20-1692

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            A father appeals the termination of his parental rights to his child, challenging the sufficiency of the evidence for termination.  OPINION HOLDS: We affirm the decision of the juvenile court to terminate the father’s parental rights.

Case No. 21-0037:  In the Interest of A.G., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0037

            Appeal from the Iowa District Court for Ida County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., Doyle, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A mother and father each appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: Regarding the issues raised by the mother: (1) she did not timely raise the issue of reasonable efforts; (2) there is clear and convincing evidence in the record to support termination of her parental rights; (3) a six-month extension of time is not warranted; and (4) the evidence does not show that the parent-child relationship is so close that it would be appropriate to deny termination.  For the father: (1) termination of his parental rights is supported by clear and convincing evidence and (2) the juvenile court properly denied his request for additional time to work on reunification.  We affirm the termination of parental rights for both parents.

Case No. 21-0044:  In the Interest of S.C., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0044

            Appeal from the Iowa District Court for Dallas County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (9 pages)

            J.C. and A.C., former foster parents of the child in interest, appeal the denial of their motion to intervene, as well as the denial of their requests to set aside an order modifying placement, and remove the Department of Human Services as guardian of the child.  OPINION HOLDS: Finding no legal error, we affirm the denial of the former foster parent’s motion to intervene and affirm the denial of their requests to set aside the modification order and remove DHS as guardian.

Case No. 21-0094:  In the Interest of J.W., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0094

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            The father of the minor child appeals the order terminating the father’s parental rights.  OPINION HOLDS: We find a statutory ground for termination satisfied, and we are not persuaded by his request for an additional six months to work toward reunification.

Case No. 21-0106:  In the Interest of L.L., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0106

            Appeal from the Iowa District Court for Delaware County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

A mother appeals the termination of her parental rights to her child, contending she was denied (1) “her state and federal constitutional rights to due process by the failure to provide a transcript of trial proceedings prior to the filing of this Petition on Appeal”; (2) “reasonable effort services by [the department of human services’] failure to facilitate residential chemical dependency treatment after [she] had been evaluated with a recommendation for such”; and (3) her “request for a 6-month extension to allow her to accomplish residential chemical dependency treatment.”  OPINION HOLDS: The juvenile court order granting the State’s petition to terminate the mother’s parental rights is affirmed.

Case No. 21-0180:  In the Interest of A.H., K.H., M.H., M.H., and M.H., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0180

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Mullins and May, JJ.  Opinion by Bower, C.J.  (7 pages)

            A father appeals the termination of his parental rights, claiming the grounds for termination were not established, termination is not in the children’s best interests, and an exception to termination should be applied.  OPINION HOLDS: We affirm.

Case No. 21-0243:  In the Interest of T.F and T.F., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0243

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  Dissent by Vaitheswaran, P.J.  (28 pages)

            This appeal involves the parental rights to T.F. and T.F., born in 2017 and 2019, who are both an “Indian child.”  The juvenile court terminated both parents’ rights; only the father and the Omaha Tribe of Nebraska appeal.  The father maintains (1) we should consider his petition even though his notice of appeal was untimely because the delay is due to ineffective assistance from his counsel; (2) the juvenile court erred when it denied his motion to have the proceedings transferred to the jurisdiction of the tribal court; (3) the State failed to meet its burden to terminate his rights under the Iowa Indian Child Welfare Act (ICWA); and (4) the State failed to make “active efforts” as mandated by ICWA.  In a separate appeal, the tribe argues the juvenile court (1) erred by using the “clear and convincing” standard instead of the “beyond a reasonable doubt” standard as ICWA requires; (2) erred in relying on only one qualified expert witness (QEW) and in using their testimony outside the scope of ICWA’s requirements for a QEW; (3) was wrong to find the State made “active efforts”; and (4) should have granted the motion to transfer jurisdiction to the tribe.  OPINION HOLDS: Based on recent case law, we accept the father’s delayed appeal.  After considering the merits, we affirm the juvenile court’s decision to deny transfer of jurisdiction to the tribe and the termination of the father’s parental rights.  DISSENT ASSERTS: Because the reasons for denial of transfer contravene a directly applicable federal regulation and Iowa’s statutory best-interest definition and because the tribe intervened and provided expert testimony on the tribe’s intent to ensure the children’s safety, I would reverse the district court’s denial of the tribe’s motion to transfer jurisdiction.

Case No. 21-0293:  In the Interest of R.B., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0293

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Tabor, JJ.  Opinion by Tabor, J.  (5 pages)

            A mother appeals the termination of her parental rights to her two-year-old son.  OPINION HOLDS: Finding no grounds to reverse the termination order, we affirm. 

Case No. 21-0333:  In the Interest of M.B. and E.T., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0333

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (8 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The statutory grounds authorizing termination were satisfied because the children cannot safely return to the parents’ care.  Termination is in the children’s best interests.  And neither parent is entitled to additional time to work toward reunification.

Case No. 21-0349:  In the Interest of T.S., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0349

            Appeal from the Iowa District Court for Montgomery County, Jennifer Bahr, District Associate 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 child.  She (1) challenges one of the grounds for termination cited by the district court; (2) argues termination was not in the child’s best interest; (3) contends the district court should have granted an exception to termination based on the parent-child bond; and (4) asserts the district court should have afforded her additional time to reunify with the child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 21-0405:  In the Interest of H.S. and H.S., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0405

            Appeal from the Iowa District Court for Iowa County, Russell G. Keast, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., May, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to her two children—Ha., born in 2018; and Hu., born in 2019—pursuant to Iowa Code section 232.116(1)(h) (2020).  She challenges the sufficiency of the evidence supporting the ground for termination, argues termination is contrary to the children’s best interests, asserts the court should have applied the exception to termination contained in Iowa Code section 232.116(3)(c), and requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 21-0420:  In the Interest of J.W., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0420

            Appeal from the Iowa District Court for Montgomery County, Jennifer Bahr, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to a seven-year-old daughter.  OPINION HOLDS: The mother does not challenge all the statutory grounds for termination, so the court’s findings on the unchallenged ground stands.  We find it was in the child’s best interests to terminate the mother’s parental rights.  A permissive factor does not apply to prevent termination.  And finally, the facts do not warrant granting the mother a six-month extension of time.  We affirm. 

Case No. 21-0428:  In the Interest of J.R., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0428

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The State proved a statutory ground for termination, termination is in the child’s best interests, and a guardianship is not an appropriate alternative to termination.

Case No. 21-0440:  In the Interest of H.S. and N.S., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0440

            Appeal from the Iowa District Court for Woodbury County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (6 pages)

            The mother appeals the termination of her parental rights to two of her children, born in 2018 and 2016.  The juvenile court terminated the mother’s parental rights as to both children under Iowa Code section 232.116(1)(d), (e), (g), and (l) (2020).  Her rights to the younger child were also terminated under section 232.116(1)(h).  Here, the mother challenges whether the statutory grounds for termination were proved and claims the loss of her rights is not in the children’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights under paragraph (e) of section 232.116(1). 

Case No. 21-0444:  In the Interest of H.E., T.E., T.E., and P.E., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0444

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (2 pages)

            A father appeals the termination of his parental rights to four children.  OPINION HOLDS: Because the father failed to raise his dissatisfaction with the reunification services offered by the Iowa Department of Human Services to the the juvenile court before termination, he has waived the issue.

Case No. 21-0459:  In the Interest of K.P., J.P., K.P., J.P., J.P., K.P. and K.P., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0459

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            The mother appeals the termination of her parental rights to seven children, ranging in ages from sixteen years to five years at the time of the termination hearing.  The mother argues the State failed to prove grounds for termination under Iowa Code section 232.116(1)(f) (2020) because the children could have been returned to her care or, alternatively, claims the juvenile court should have granted a six-month extension to allow her more time to work toward reunification.  She also asserts the juvenile court should have applied exceptions to termination under section 232.116(3)(b) and (c).  OPINION HOLDS: We affirm the termination of the mother’s parental rights to these seven children.

Case No. 21-0460:  In the Interest of K.M. and A.E., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0460

            Appeal from the Iowa District Court for Humboldt County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: There is clear and convincing evidence in the record to support termination of the mother’s parental rights.  Termination of her parental rights is in the children’s best interests, and none of the exceptions to termination should be applied.  The district court properly denied the mother’s request for a six-month extension of time.  We affirm the termination of the mother’s parental rights.

Case No. 21-0509:  In the Interest of A.J., A.J., and A.J., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0509

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Doyle and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.

Case No. 21-0520:  In the Interest of K.M., K.R., E.R., and J.O., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0520

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the statutory grounds for termination are satisfied, an additional six months to work toward reunification is not appropriate, and termination is in the children’s best interests.

Case No. 21-0540:  In the Interest of W.T., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0540

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  APPEAL DISMISSED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (6 pages)

            A father seeks a delayed appeal from a juvenile court order terminating his parental rights.  OPINION HOLDS: Because the late filing was based on attorney inadvertence and not accompanied by an extenuating circumstance, we deny the father’s request for a delayed appeal and dismiss the appeal.

Case No. 21-0558:  In the Interest of S.J. and E.S., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0558

            Appeal from the Iowa District Court for Harrison County, Jennifer Bahr, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights, asserting the State has failed to prove grounds for termination exist and did not make reasonable efforts to reunify the family, termination is not in the children’s best interests, and permissive exceptions exist to avoid termination.  OPINION HOLDS: We affirm.

Case No. 21-0564:  In the Interest of I.B. and O.B., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0564

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J. and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (11 pages)

            Both parents separately appeal the termination of their parental rights as to their two children, arguing there was insufficient evidence to meet the statutory grounds for termination.  The father also argues exceptions to termination should apply in his case.  OPINION HOLDS: Finding clear and convincing evidence supporting the district court’s determination the statutory grounds for termination were met and the permissive exceptions to termination did not apply, we affirm.

Case No. 21-0615:  In the Interest of H.B., Minor Child

Filed Jul 21, 2021

View Opinion No. 21--0615

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (4 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Termination is in the child’s best interest, so we affirm termination of the mother’s parental rights.

Case No. 21-0636:  In the Interest of L.M., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0636

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to their one-year-old daughter.  OPINION HOLDS: It is in the best interests of the child that the parental rights of her parents be terminated.  A six-month extension for reunification efforts is not warranted under the facts in this record.  Finally, clear and convincing evidence supports termination of the mother’s parental rights pursuant to Iowa Code section 232.116(1)(h) (2021).  Accordingly, we affirm the order of the juvenile court.

Case No. 21-0660:  In the Interest of K.M. and K.M., Minor Children

Filed Jul 21, 2021

View Opinion No. 21-0660

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (3 pages)

            A father appeals one of the two statutory grounds authorizing termination.  OPINION HOLDS: Because the father only challenges one of the two statutory grounds, we affirm under the unchallenged ground.

Case No. 21-0670:  In the Interest of K.T., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0670

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

            A mother, Jessica, appeals the termination of her parental rights to her one-year-old daughter.  OPINION HOLDS: We find clear and convincing evidence to support a ground for termination under Iowa Code section 232.116(1)(h) (2021) based on Jessica’s unresolved substance‑abuse and mental-health issues.  That same evidence shows termination is in the child’s best interests and a six-month extension is not warranted.  Thus, we affirm the termination order.

Case No. 21-0682:  In the Interest of A.R., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0682

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., Tabor, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            The father appeals the termination of his parental rights to his child, A.R., born in 2019.  He claims the State failed to make reasonable efforts to reunify him with A.R. and he should get additional time because of this failure.  The father maintains his first counsel—who withdrew about six weeks before the State filed the petition to terminate—provided ineffective assistance.  Specifically, he claims counsel breached duties in failing to advise the father (1) there were additional services he could request and (2) advise the father the failure to participate in services would lead to the termination of his parental rights.  OPINION HOLDS: The father’s claims of ineffective assistance fail.  And he does not otherwise contest the termination of his parental rights, so we affirm without further consideration.

Case No. 21-0763:  In the Interest of R.D., Minor Child

Filed Jul 21, 2021

View Opinion No. 21-0763

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            The mother appeals the termination of her parental rights.  She does not contest the grounds for termination under Iowa Code Section 232.116(1)(h) (2021).  Instead, she argues the State did not make reasonable efforts toward reunification, maintains the court should have granted a six-month extension, and claims loss of her rights is not in the child’s best interests.  OPINION HOLDS: We decline to grant an extension and affirm the termination of the mother’s parental rights.

Case No. 19-0775:  State of Iowa v. Carlos Roig Gonzalez

Filed Jul 07, 2021

View Opinion No. 19-0775

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (22 pages)

            Carlos Roig Gonzalez appeals his convictions for two counts of robbery in the first degree and one count of robbery in the second degree.  Roig Gonzalez challenges the severance of his charges and the sufficiency of the evidence to support the juries’ verdicts, argues his speedy-trial rights were violated, and claims the district court abused its discretion in admitting evidence in his second trial.  OPINION HOLDS: We affirm Roig Gonzalez’s convictions.

Case No. 19-1531:  Philip Stacy v. State of Iowa

Filed Jun 30, 2021

View Opinion No. 19-1531

            Appeal from the Iowa District Court for Sioux County, Tod Deck, Judge.  AFFIRMED.  Considered by Mullins, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Philip Stacy appeals the dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: We affirm the dismissal of Stacy’s PCR application.

Case No. 19-1583:  State of Iowa v. Zachary Alan Becker

Filed Jun 30, 2021

View Opinion No. 19-1583

            Appeal from the Iowa District Court for Black Hawk County, Jeffrey L. Harris, District Associate Judge.  AFFIRMED AND REMANDED FOR ENTRY OF A NUNC PRO TUNC ORDER.  Considered by Mullins, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            Zachary Becker pled guilty to operating while intoxicated (OWI), third or subsequent offense, and driving while barred as an habitual offender.  In September 2019, he was sentenced to terms of incarceration not to exceed five years and two years, respectively.  On appeal, Becker challenges his sentences, arguing the court failed to state adequate reasons on the record to support imposing them.  OPINION HOLDS: The court considered the sentencing options before it and stated adequate reasons on the record for the sentence imposed, so we affirm Becker’s sentences.  Because of the discrepancy between the court’s oral pronouncement and the written sentencing order, we remand for entry of a nunc pro tunc order so the sentencing order accurately reflects that Becker is to serve consecutive terms of imprisonment. 

Case No. 19-1822:  State of Iowa v. Jeremy James Greening

Filed Jun 30, 2021

View Opinion No. 19-1822

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

            Jeremy Greening appeals from his conviction of theft in the first degree.  At his September 2019 trial, the jury was instructed it could find Greening guilty of the offense if the State proved either one of two alternatives—that Greening took possession of the skid loader with the intent to deprive the owner of it or Greening exercised control over the stolen skid loader while knowing it was stolen.  In a general verdict, the jury found Greening guilty.  Greening appeals, arguing there was insufficient evidence to support either alternative so his conviction should be reversed.  OPINION HOLDS: We strike Greening’s reply brief, in which he raised for the first time multiple constitutional challenges to Iowa Code section 814.28 (Supp. 2019).  Because section 814.28 applies here, we need only find that substantial evidence supports one of the alternatives given to the jury to affirm Greening’s conviction.  Still, we conclude the jury could have properly convicted Greening under both alternatives and affirm.  

Case No. 20-0110:  State of Iowa v. Edward Miller

Filed Jun 30, 2021

View Opinion No. 20-0110

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (20 pages).

Edward Miller Jr. appeals his convictions of attempted murder, willful injury causing bodily injury, assault while participating in a felony, going armed with intent, felon in possession of a firearm, and conspiracy to obstruct prosecution.  OPINION HOLDS: Miller claims substantial evidence does not support the jury’s guilty verdicts.  He also argues the trial court erred in denying his motion for a new trial and erred in evidentiary rulings, including improperly allowing prior bad acts evidence.  We find the verdicts supported by substantial evidence.  We determine the district court did not err in the evidentiary rulings or in denying Miller’s motion for a new trial.  Accordingly, we affirm.

Case No. 20-0389:  State of Iowa v. Dennis Carroll Glenn

Filed Jun 30, 2021

View Opinion No. 20-0389

            Appeal from the Iowa District Court for Guthrie County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

            Dennis Glenn challenges the sufficiency of the evidence on his convictions for possession of marijuana and possession of methamphetamine.  He claims the State did not prove he knowingly possessed marijuana or methamphetamine, and did not prove he possessed methamphetamine, arguing possession of methamphetamine residue is not enough to support his conviction.  In addition, Glenn claims the district court erred in denying his request for a new trial, pointing to newly discovered evidence.  OPINION HOLDS: We affirm Glenn’s convictions for possession of marijuana and possession of methamphetamine, as the verdicts were supported by substantial evidence.  We also find the newly presented evidence does not justify granting Glenn’s request for a new trial.

Case No. 20-0397:  State of Iowa v. William Roderick Worrels, Sr.

Filed Jun 30, 2021

View Opinion No. 20-0397

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (5 pages)

            William Worrels appeals his conviction of possession of a controlled substance.  OPINION HOLDS: Because Worrels did not preserve error, we cannot reach the merits of his appeal.

Case No. 20-0421:  Angstrom v. Calhoun County

Filed Jun 30, 2021

View Opinion No. 20-0421

            Appeal from the Iowa District Court for Calhoun County, Adria Kester, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (6 pages)

            Lessors Kelly and Cheryl Angstrom appeal a district court order declaring their lease agreement with Calhoun County void.  OPINION HOLDS: The district court was correct in declaring the lease agreement void.

Case No. 20-0432:  Core Structural Services, LLC v. Neumann Brothers, Inc., North Central States Regional Council of Carpenters and Federal Insurance Company

Filed Jun 30, 2021

View Opinion No. 20-0432

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (11 pages)

            Core Structural Services LLC (Core) appeals the district court’s denial of its motion for attorney fees incurred during arbitration.  OPINION HOLDS: We find the attorney fees incurred during an integrally-related contract arbitration may be awarded at the court’s discretion under the statutory provision for mechanic’s lien attorney fees.  We reverse and remand for the district court to consider Core’s attorney fees request.

Case No. 20-0491:  State of Iowa v. Undray Jermaine Reed

Filed Jun 30, 2021

View Opinion No. 20-0491

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Doyle, P.J., Mullins, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Undray Jermaine Reed appeals his conviction for eluding.  OPINION HOLDS: Because Reed raises an issue not presented to the district court, we are unable to address it.  We therefore affirm.

Case No. 20-0536:  Ricky Leon Riddle v. State of Iowa

Filed Jun 30, 2021

View Opinion No. 20-0536

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (5 pages)

            Ricky Riddle appeals the denial of his application for postconviction relief (PCR) following his 2017 conviction for intimidation with a dangerous weapon.  He claims his trial counsel was ineffective because she failed to utilize statements from a pretrial deposition to impeach a witness.  OPINION HOLDS: Because trial counsel elicited the information from the State’s witness that Riddle maintains the jury needed to hear, and he has not established that doing so in a different way would have led to his acquittal, Riddle has not demonstrated the requisite prejudice element of ineffective assistance.  And we do not consider Riddle’s new claim that trial counsel committed structural error.  We affirm denial of Riddle’s PCR application.

Case No. 20-0653:  State of Iowa v. Gilbert L. Simon Jr.

Filed Jun 30, 2021

View Opinion No. 20-0653

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (5 pages)

            Gilbert Simon appeals his conviction of theft in the second degree.  OPINION HOLDS: Simon failed to preserve error on his objection to a witness’s testimony on the value of the stolen property.

Case No. 20-0779:  In re the Marriage of Johnsen

Filed Jun 30, 2021

View Opinion No. 20-0779

            Appeal from the Iowa District Court for Harrison County, Margaret Reyes, Judge.  AFFIRMED AS MODIFIED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Katie Johnsen appeals and Matthew (Matt) Johnsen cross-appeals from the decree dissolving their nine-year marriage.  OPINION HOLDS: In order to achieve equity between the parties, we order Matt to pay to Katie $74,000.00 within ninety days of the issuance of procedendo.  We reject Katie’s requests to reassign the value of the hoop building, order the parties to abstain from consumption of alcohol during their parenting time, grant a right of first refusal after four hours, and reduce Matt’s visitation.  We also reject Matt’s request to grant the parties joint physical care of the parties’ children.

Case No. 20-0807:  Kenneth Leroy Adams v. State of Iowa

Filed Jun 30, 2021

View Opinion No. 20-0807

            Appeal from the Iowa District Court for Cerro Gordo County, Chris Foy, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (13 pages)

            Kenneth Adams appeals from the denial of his application for postconviction relief (PCR) following his conviction for child endangerment resulting in death.  Adams asserts the PCR court erred in rejecting three ineffective-assistance-of-counsel claims: (1) Trial counsel was ineffective for failing to seek exclusion of a medical examiner’s expert opinion testimony on cause and manner of death; (2) trial counsel was ineffective for failing to move for a mistrial after the medical examiner questioned her knowledge of copyright law on cross-examination; (3) trial counsel was ineffective for failing to request a jury instruction stating guilt cannot be inferred from a criminal defendant’s decision not to testify at trial.  OPINION HOLDS: Adams fails to demonstrate breach of an essential duty in any of his ineffective-assistance claims.  We affirm the PCR court’s denial of relief. 

Case No. 20-0808:  Sabrina McIntosh and Michael McIntosh v. Classic Builders, Inc.

Filed Jun 30, 2021

View Opinion No. 20-0808

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

            Plaintiffs Sabrina and Michael McIntosh appeal the order granting summary judgment to and dismissing their claims against Classic Builders, Inc. for damages stemming from water seepage into their basement.  OPINION HOLDS: Based on the failure of the McIntoshes to generate a genuine issue of material fact that any of the three conditions identified by their expert as possible causes of the seepage actually existed, the district court properly granted Classic Builders’s summary judgment motion and denied the McIntoshes’ own.

Case No. 20-0860:  State of Iowa v. David Moses Weltman

Filed Jun 30, 2021

View Opinion No.

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Schumacher, J.  (20 pages)

            David Weltman appeals his judgment and sentence for second-degree sexual abuse.  Weltman contends (1) the evidence was insufficient to support the jury’s finding of guilt; (2) the district court abused its discretion in admitting evidence of subsequent bad acts; (3) the prosecutor impermissibly vouched for the credibility of the child witness; and (4) the district court abused its discretion in admitting expert testimony on grooming behavior and children’s demeanor.  OPINION HOLDS: We affirm Weltman’s judgment and sentence.  SPECIAL CONCURRENCE ASSERTS: Although the prosecutor vouched for witness credibility during closing arguments, this isolated statement alone did not result in the denial of a fair trial to the defendant.

Case No. 20-0868:  Cynthia S. Mahoney v. RHI, Insurance Co. of the State of Pennsylvania, and Second Injury Fund of Iowa

Filed Jun 30, 2021

View Opinion No. 20-0868

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Cynthia Mahoney appeals the district court ruling affirming the workers’ compensation commissioner’s decision denying her petition seeking workers’ compensation benefits.  OPINION HOLDS: The commissioner properly determined the weight to be given to an expert medical opinion.  The commissioner’s factual findings were supported by substantial evidence. The commissioner’s application of the law to the facts was not irrational, illogical, or wholly unjustifiable.  We affirm the district court’s decision that affirmed the ruling of the workers’ compensation commissioner denying Mahoney’s claim of a cumulative injury to her right arm and wrist.

Case No. 20-0906:  In the Matter of the Conservatorship of Justin Paul Sulzner

Filed Jun 30, 2021

View Opinion No. 20-0906

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (6 pages)

            Justin Sulzner appeals district court orders filed in his temporary involuntary conservatorship.  OPINION HOLDS: Because Justin’s appellate claims challenge aspects of a conservatorship that has since been terminated, we dismiss the appeal as moot. 

Case No. 20-0965:  State of Iowa v. Samantha A. Wilson

Filed Jun 30, 2021

View Opinion No. 20-0965

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Doyle, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

            Samantha Wilson appeals the sentences imposed, following guilty pleas, upon her convictions of intimidation with a dangerous weapon and going armed with intent.  She argues the court abused its sentencing discretion by employing a fixed sentencing policy, relying only on the nature of the offenses, and relying on unproven facts and uncharged conduct.  She also argues implicit racial bias had an impact on the sentences imposed.  OPINION HOLDS: Finding no cause for reversal on the issues presented for our review, we affirm the sentences imposed.

Case No. 20-1053:  State of Iowa v. Jon Michael Carpenter

Filed Jun 30, 2021

View Opinion No. 20-1053

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Greer, J. (5 pages)

      Jon Carpenter appeals his sentences following his guilty pleas to possession of a controlled substance with intent to deliver (methamphetamine) and failure to affix a tax stamp.  Carpenter claims that despite declining to speak when the court initially gave him the opportunity, he was denied the right to “meaningful allocution” before his sentence was pronounced because he was denied the opportunity to explain the information in his presentence investigation report later on in the proceeding.  OPINION HOLDS: Because Carpenter was not denied his right to meaningful allocution at sentencing, we find the district court did not abuse its discretion and affirm.

Case No. 20-1141:  State of Iowa v. Chavesz Joseph Heck

Filed Jun 30, 2021

View Opinion No. 20-1141

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (6 pages)

            Chavesz Heck appeals the sentences imposed after he pled guilty to three charges.  OPINION HOLDS: Because the sentencing court did not abuse his its discretion in sentencing Heck to terms of incarceration, we affirm.

Case No. 20-1143:  State of Iowa v. Brenna Allyn Shafer

Filed Jun 30, 2021

View Opinion No. 20-1143

            Appeal from the Iowa District Court for Monona County, Jeffrey L. Poulson, Judge.  REVERSED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (7 pages)

            Brenna Shafer appeals her indeterminate five-year prison sentence.  OPINION HOLDS: Because the district court improperly relied on speculation that the wait time for a residential treatment facility would surpass the time Shafer would spend in prison when imposing her term, we reverse the sentence and remand for resentencing. 

Case No. 20-1145:  In re the Marriage of Bickerton

Filed Jun 30, 2021

View Opinion No. 20-1145

            Appeal from the Iowa District Court for Clayton County, Alan Heavens, Judge.  AFFIRMED AS MODIFIED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (13 pages)

Melissa Bickerton appeals the dissolution decree dissolving her marriage to Brian Bickerton.  She contends the district court wrongly gave Brian physical care of the parties’ four minor children.  OPINION HOLDS: We reverse the physical-care determination and award Melissa physical care with reasonable and liberal visitation in Brian.  We remand for a determination of child support given this change in custodial status.

Case No. 20-1302:  Angela Victoria Hullman v. Bill Robert Richards

Filed Jun 30, 2021

View Opinion No. 20-1302

            Appeal from the Iowa District Court for Fremont County, Margaret Reyes, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            Bill Richards, father to a minor child, appeals the denial of his request to modify the physical care provisions of a custody decree, and requests an award of appellate attorney fees.  Bill argues he should receive physical care of the child because he offers superior parenting abilities than the mother, Angela Hullman.  OPINION HOLDS: On our review, we note the State of Missouri entered a custody order involving this child in 2009.  We sua sponte consider whether the mandatory jurisdictional prerequisites of the Uniform Child-Custody Jurisdiction and Enforcement Act were met.  Finding they were not, we conclude the district court lacked jurisdiction to decide the merits of Angela’s modification action.  Therefore, we reverse and remand to the district court to dismiss the Iowa action until it determines whether Missouri declines jurisdiction.  

Case No. 20-1349:  State of Iowa v. Austin James Haler

Filed Jun 30, 2021

View Opinion No. 20-1349

            Appeal from the Iowa District Court for Fremont County, Michael D. Hooper, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (6 pages)

            Austin Haler appeals from the imposition of a prison term following conviction for possession of methamphetamine with intent to deliver.  Haler argues the district court abused its discretion in imposing incarceration rather than an alternative rehabilitative option.  OPINION HOLDS:  Finding no abuse of discretion by the district court, we affirm.

Case No. 20-1368:  State of Iowa v. Matthew William Chindlund

Filed Jun 30, 2021

View Opinion No. 20-1368

            Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (7 pages)

            Matthew Chindlund appeals his convictions following his guilty pleas to assault while displaying a dangerous weapon and criminal mischief in the third degree.  Chindlund argues his pleas were not voluntary and intelligently provided given his mental incapacity.  OPINION HOLDS: Having failed to establish he was incompetent at the time of his pleas or make a showing that a reasonable person would believe that there is a substantial question of his competency, we affirm Chindlund’s convictions and sentences.

Case No. 20-1403:  State of Iowa v. Michael Jonathan Phelps

Filed Jun 30, 2021

View Opinion No. 20-1403

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (6 pages)

            Michael Phelps appeals his indeterminate forty-four-year prison term for sexual exploitation of minors.  OPINION HOLDS: Because the district court permissibly weighed the serious nature of the offenses with all other relevant sentencing factors, we find no abuse of discretion in the sentencing decision.  Thus, we affirm the sentence. 

Case No. 20-1424:  In re the Marriage of Karas

Filed Jun 30, 2021

View Opinion No. 20-1424

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (11 pages)

            A mother appeals the district court order modifying the physical care arrangement of the parties’ children to grant physical care to the father.  OPINION HOLDS: We affirm the district court’s modification of the physical care arrangement.  On our de novo review, we conclude there was a material and substantial change in circumstances to support the modification.  We conclude the change is permanent and that the district court did not rely on incorrect facts in making its determination.

Case No. 20-1606:  In re the Marriage of Rickard

Filed Jun 30, 2021

View Opinion No. 20-1606

            Appeal from the Iowa District Court for Jones County, Chad Kepros, Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J.  (9 pages)

            Anthony Rickard appeals the physical care and visitation provisions of the decree dissolving his marriage to Kelsey Rickard.  He argues the district court erred in failing to award him physical care of the parties’ children or that joint physical care should have been awarded.  Anthony also argues the district court erred in not awarding him more visitation time.  OPINION HOLDS: Our de novo review of the record reveals that joint physical care is not in the best interests of the parties’ children.  We agree that the physical care award to Kelsey will place the children in the best position for long-term growth and development.  We also agree that the district court’s visitation award provides Anthony liberal time with the children and is in the best interests of the children.  We affirm the decree dissolving the parties’ marriage.

Case No. 20-1675:  In re the Marriage of Wolfswinkel

Filed Jun 30, 2021

View Opinion No. 20-1675

            Appeal from the Iowa District Court for Dallas County, Richard B. Clogg, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (11 pages)

                Timothy Wolfswinkel appeals an order denying his request for modification of physical care, support, and visitation.  OPINION HOLDS: We find no grounds to disturb the district court’s order.  We affirm.

Case No. 20-1713:  In re the Marriage of Pitcairn and Renaud

Filed Jun 30, 2021

View Opinion No. 20-1713

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Mackenzie Pitcairn appeals the dismissal of her petition for dissolution of her marriage to Simon Renaud, arguing the district court abused its discretion in granting Renaud’s pre-answer motion to dismiss on the basis of forum non conveniens.  OPINION HOLDS: We find no abuse in the trial court’s consideration of the relevant factors, and that substantial evidence exists in the record to support its decision.  Accordingly, we affirm the trial court’s decision.  We further decline to award appellate attorney fees.

Case No. 21-0308:  In the Interest of D.C., Minor Child

Filed Jun 30, 2021

View Opinion No. 21-0308

No. 21-0308   IN RE D.C.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Carr, S.J.  Opinion by Schumacher, J.  (7 pages)

            A father appeals the district court order terminating his parental rights to his young son, D.C.  OPINION HOLDS: We find the father’s arguments as to the statutory grounds relied on by the district court to be unpreserved.  On our de novo review, we determine termination of the father’s parental rights is in D.C.’s best interests and a permissive exception should not be applied.  We affirm the decision of the district court.

Case No. 21-0393:  In the Interest of Z.M., Minor Child

Filed Jun 30, 2021

View Opinion No. 21-0393

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A father and mother separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the court’s order terminating parental rights.

Case No. 21-0467:  In the Interest of E.H. and K.H., Minor Children

Filed Jun 30, 2021

View Opinion No. 21-0467

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (10 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established the statutory grounds authorizing termination, and DHS made reasonable efforts toward reunification.  Termination is in the children’s best interests.  We decline to apply Iowa Code section 232.116(3)(c) (2020) to preclude termination.  The parents are not entitled to additional time to work toward reunification.  Establishment of a guardianship with the paternal grandparents was not in the children’s best interests.  The father does not have standing on post-termination placement issues.

Case No. 21-0513:  In the Interest of K.S., Minor Child

Filed Jun 30, 2021

View Opinion No. 21-0513

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            A mother appeals the termination of her parental rights to her child, born in 2016, pursuant to Iowa Code section 232.116(1)(f) (2020), arguing there was insufficient evidence to support the final element of that provision—that the child could not be returned to their care at the time of the termination hearing.  OPINION HOLDS: We deem the mother’s argument waived and, alternatively, conclude the evidence was sufficient to support termination.  We affirm termination of the mother’s parental rights.

Case No. 21-0598:  In the Interest of A.S., A.S., and D.S., Minor Children

Filed Jun 30, 2021

View Opinion No. 21-0598

            Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J. and Tabor and Mullins, JJ.  Opinion by Mullins, J.  (3 pages)

            A father appeals the juvenile court’s order regarding permanency review and removal, alleging the district court erred in (1) not forcing a child to appear in violation of Iowa Code section 232.91 (2020) and (2) finding clear and convincing evidence of imminent harm leading to removal.  OPINION HOLDS: We deem the father’s arguments waived and affirm.

Case No. 21-0616:  In the Interest of S.S., Minor Child

Filed Jun 30, 2021

View Opinion No. 21-0616

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

            The mother appeals the termination of her parental rights to her child, S.S., who was born in 2020.  She argues (1) the State failed to make reasonable efforts to reunify her with the child and (2) termination is not in S.S.’s best interests so the court should have utilized another permanency option, such as guardianship with a relative.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 19-1560:  State of Iowa v. Jeffry Brian Waite

Filed Jun 16, 2021

View Opinion No. 19-1560

            Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (11 pages)

            Jeffry Waite appeals his convictions and sentences for one count of lascivious conduct with a child and five counts of sexual abuse in the third degree.  OPINION HOLDS: We find the district court did not abuse its discretion in rejecting Waite’s claims of vouching during the testimony of the State’s expert witness and during the prosecutor’s closing arguments.  We also find sufficient evidence to support Waite’s convictions on all six counts, and we find no abuse of discretion in sentencing him to consecutive terms of incarceration.  Therefore, we affirm his convictions and sentences.

Case No. 19-1681:  Willard B. McNaughton v. Stanley E. Chartier, Jeanine K. Chartier, Char-Mac, Inc., City of Lawton, and Abilit Holdings, LLC

Filed Jun 16, 2021

View Opinion No. 19-1681

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (13 pages)

            Willard McNaughton appeals an order declaring the parties’ rights in an easement.  He argues the trial court erred in (1) concluding he publicly dedicated a portion of the easement to the City of Lawton (city), (2) determining in the alternative that the easement was appurtenant to adjoining property, and (3) awarding common law attorney fees to the defendants.  OPINION HOLDS: We conclude (1) the evidence was insufficient to support a finding of public dedication, (2) the easement is not appurtenant in nature, and (3) the defendants were not entitled to an award of common law attorney fees.  We reverse the district court on each of those points, and we remand the matter to the district court for further proceedings consistent with this opinion.

Case No. 19-1754:  State of Iowa v. William Edgar Burton, III

Filed Jun 16, 2021

View Opinion No. 19-1754

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (29 pages)

            William Burton shot and killed Cory Channon in Channon’s home.  Burton was charged with first-degree murder and convicted of the lesser-included offense of second-degree murder following a jury trial.  On appeal, Burton contends the trial court erred in denying his motion for mistrial and abused its discretion in its rulings on the evidence, denying his motion for judgment of acquittal, and improperly instructing the jury that malice aforethought may be inferred from the use of a dangerous weapon.  OPINION HOLDS: The district court did not err in denying the motion for mistrial, and the court’s evidentiary rulings either were not an abuse of discretion or did not result in prejudice to the defendant.  The evidence supported the jury instruction allowing an inference of malice aforethought from the use of dangerous weapon, and substantial evidence supports the conviction of second-degree murder.   We therefore affirm.

Case No. 19-1839:  State of Iowa v. Montrell Ryan McClellan

Filed Jun 16, 2021

View Opinion No. 19-1839

            Appeal from the Iowa District Court for Story County, James A.  McGlynn, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (16 pages)

            Montrell McClellan appeals his convictions for assault, robbery in the first degree, and intimidation with a dangerous weapon.  He argues the district court should have granted (1) his motion for judgment of acquittal as to all charges for lack of substantial evidence as to his identity as the shooter and lack of evidence as to the elements substantiating a robbery, (2) his motion to dismiss based on denial of speedy trial, and (3) his motion for mistrial.  OPINION HOLDS: We have no appellate jurisdiction as to McClellan’s appeal of the simple misdemeanor assault.  McClellan failed to preserve his motion for judgment of acquittal for lack of sufficient evidence as to identity.  We affirm McClellan’s conviction for robbery in the first degree.  We find no abuse of discretion in the trial court denying McClellan’s motion to dismiss based upon claimed violation of speedy trial and motion for mistrial.

Case No. 19-1887:  State of Iowa v. Aviana Eshante Smith

Filed Jun 16, 2021

View Opinion No. 19-1887

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge. AFFIRMED IN PART AND REMANDED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J. (10 pages)

            Aviana Smith appeals her sentences following entrance of guilty pleas for possession of methamphetamine with intent to deliver; possession of marijuana with intent to deliver; and failure to affix a drug tax stamp.  Smith also appeals her court-ordered restitution obligation.  OPINION HOLDS: Because we find abuse of discretion, we affirm Smith’s sentence.  We are precluded from hearing Smith’s appeal of the restitution order by Iowa Code section 910.2A (2021); Smith must follow the statutory procedure and exhausts her remedies before the district court.  Thus, we remand to the district court with instructions to allow Smith to follow the procedures required by section 910.2A.

Case No. 19-1942:  Frederick Duitsman, Jr. and Diana Duitsman v. Ashar Afzal, M.D., and Cedar Valley Medical Specialists, P.C.

Filed Jun 16, 2021

View Opinion No. 19-1942

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Heard by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Defendants appeal the district court’s denial of their motion for a new trial in a medical malpractice action.  OPINION HOLDS: Defendants raise claims concerning the jury instructions, expert witness testimony, and statements made during closing arguments.  We conclude the district court did not abuse its discretion by denying the motion for new trial.  We affirm the jury’s decision.

Case No. 19-1944:  Basil Pendleton v. State of Iowa

Filed Jun 16, 2021

View Opinion No. 19-1944

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

            Basil Pendleton appeals the denial of his fourth application for postconviction relief.  He asserts newly discovered evidence exonerates him thirty-five years after his convictions for first-degree murder and first-degree robbery.  OPINION HOLDS: The newly discovered recantation evidence, even if true, would not change the result of the trial.  We affirm. 

Case No. 19-2022:  State of Iowa v. David Lee Roy Smith

Filed Jun 16, 2021

View Opinion No. 19-2022

            Appeal from the Iowa District Court for Buchanan County, Joel A. Dalrymple, Judge.  AFFIRMED.  Considered by Doyle, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J. (7 pages)

            David Smith challenges his convictions for burglary in the third degree, enhanced as a habitual offender; theft in the second degree, enhanced as a habitual offender; and criminal mischief in the fourth degree.  He claims the State presented insufficient evidence that he perpetrated the crimes.  OPINION HOLDS: The State presented sufficient evidence to establish Smith was the perpetrator.

Case No. 20-0075:  State of Iowa v. Keith Lynch

Filed Jun 16, 2021

View Opinion No. 20-0075

            Appeal from the Iowa District Court for Dickinson County, Nancy L. Whittenburg, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            Keith Lynch contends the extension of the no-contact order following his conviction for child endangerment was unreasonable, was imposed by a judge who exhibited personal hostility toward him, and violated his constitutional rights to familial integrity.  OPINION HOLDS: Finding no merit in the claims, we affirm.

Case No. 20-0093:  Laden & Pearson, P.C. v. Steven McFadden

Filed Jun 16, 2021

View Opinion No. 20-0093

            Appeal from the Iowa District Court for Polk County, Coleman J. McAllister, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Bower, C.J.  (10 pages)

            Steven McFadden appeals district court summary judgment rulings granting Laden & Pearson, P.C.’s contract claim and dismissing McFadden’s counterclaim of legal malpractice.  OPINION HOLDS: We affirm both rulings.

Case No. 20-0113:  State of Iowa v. Nikoli Herrera

Filed Jun 16, 2021

View Opinion No. 20-0113

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J.  (3 pages)

            Nikoli Herrera appeals the sentence imposed upon his criminal conviction.  OPINION HOLDS: We affirm the sentence imposed.

Case No. 20-0129:  Larry Dean Boring v. State of Iowa

Filed Jun 16, 2021

View Opinion No. 20-0129

               Appeal from the Iowa District Court for Jones County, Lars Anderson, Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  Special concurrence by Schumacher, J. (9 pages)

            Larry Boring appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Boring filed his notice of appeal pro se while he was represented by counsel, we dismiss his appeal.  SPECIAL CONCURRENCE ASSERTS: Rather than determining Boring's pro se notice of appeal was a nullity under Iowa Code section 822.3A, enacted on July 1, 2019, warranting a dismissal, the district court’s dismissal of the postconviction application on statute of limitation grounds should be affirmed.

Case No. 20-0137:  Ronald Laine King, Lillie Lorraine Jackson, and Mona Ray Bennett v. Ward Elwyn Smith and Carolyn Stanley

Filed Jun 16, 2021

View Opinion No. 20-0137

            Appeal from the Iowa District Court for Davis County, Shawn R. Showers, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (16 pages)

            The plaintiffs brought the underlying suit, seeking to partition the family farmland as conveyed by their grandparents, Charley and Lillie Smith, in 1974.  Relying on later deeds executed by Lillie Smith that left out the plaintiffs’ mother from inheriting the property, the defendants denied the plaintiffs had any interest in the farmland and asked the court to quiet title in their names.  The district court granted the plaintiffs’ petition for partition, finding only the 1974 deed was valid and the language of that deed established a life estate in Lillie Smith, which limited her ability to later divest the plaintiffs’ mother of her interest.  For the same reasons, it denied the defendants’ request to quiet title in their names.  On appeal, the defendants argue the intention of the grantor should control and we should recognize the conveyances even if their use has not been authorized in Iowa.  OPINION HOLDS: While we agree with the district court that the 1974, 2006, and 2010 deeds were attempted transfer-on-death deeds, because such a deed is not authorized under Iowa law, we find the deeds void.  Because void deeds are unenforceable and Lillie Smith died intestate, the property must pass through the estate of Lillie Smith. 

Case No. 20-0209:  Ronald McKinnon v. State of Iowa

Filed Jun 16, 2021

View Opinion No. 20-0209

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Doyle, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            Ronald McKinnon appeals from the summary dismissal of his second application for postconviction relief.  OPINION HOLDS: McKinnon’s action is time-barred.  We affirm.

Case No. 20-0301:  State of Iowa v. Christopher Hutchcroft

Filed Jun 16, 2021

View Opinion No. 20-0301

            Appeal from the Iowa District Court for Delaware County, Monica L. Zrinyi Wittig, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Vaitheswaran, P.J. (7 pages)

            Christopher Hutchcroft appeals the restitution order imposed by the district court following his guilty pleas to first-degree theft, first-degree criminal mischief, and third-degree burglary.  OPINION HOLDS: We remand for a determination of the amount of damage caused by Hutchcroft. 

Case No. 20-0383:  Antonio Lamar Hudson v. State of Iowa

Filed Jun 16, 2021

View Opinion No. 20-0383

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May  Opinion by Mullins, J.  (7 pages)

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

   

Case No. 20-0485:  In the Matter of the Estate of David Dwight Noel, Deceased.

Filed Jun 16, 2021

View Opinion No. 20-0485

            Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge.  AFFIRMED ON APPEAL. REVERSED ON CROSS-APPEAL.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Myrle Atwood-Noel seeks reversal of the district court’s order enforcing a prenuptial agreement that prohibits her from taking the spousal election against the decedent’s will.  The decedent’s estate cross-appeals, seeking reversal of the district court’s order permitting Myrle to recover certain expenses from the estate under a theory of unjust enrichment.  OPINION HOLDS: We agree with the district court that the prenuptial agreement is enforceable and Myrle cannot claim the spousal election against the will.  However, we find no unjust enrichment in Myrle paying the expenses she attributes to the decedent and arising during their marriage.  Therefore, we affirm the order precluding Myrle from claiming the elective spousal share against the will, and we reverse the award of expenses to Myrle under a theory of unjust enrichment.

Case No. 20-0492:  State of Iowa v. John Berwanger

Filed Jun 16, 2021

View Opinion No. 20-0492

Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (12 pages)

John Berwanger was convicted of second-degree sexual abuse.  He appeals the conviction, citing several issues.  First, he maintains there was insufficient evidence to support the conviction.  Next, he raises errors in the submission of a jury instruction defining “sex acts.”  Berwanger also asserts the district court erred by allowing the State to amend the trial information after both parties rested.  And as a final issue, he raises ineffective assistance of counsel.  OPINION HOLDS: We affirm his conviction and preserve his ineffective-assistance-of-counsel claim.

Case No. 20-0517:  State of Iowa v. Timothy Alvin Newton

Filed Jun 16, 2021

View Opinion No. 20-0517

            Appeal from the Iowa District Court for Ringgold County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            Timothy Newton appeals his convictions for operating while intoxicated, second offense, and driving while barred.  OPINION HOLDS: We find no prejudicial error in the court’s waiver of a presentence substance-abuse evaluation where the evaluation was ordered and the defendant was uncooperative.  Nor did the district court abuse its discretion in denying the request for an updated presentence investigation report because Newton had the opportunity at sentencing to present any additions or corrections to the previously-submitted report.

Case No. 20-0518:  State of Iowa v. Rusty Shane Rogers

Filed Jun 16, 2021

View Opinion No. 20-0518

            Appeal from the Iowa District Court for Winnebago County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (6 pages)

            Rusty Rogers appeals from the sentences imposed following his guilty pleas.  He alleges the prosecutor breached the plea agreement.  OPINION HOLDS: Finding Rogers failed to establish a breach of the plea agreement, we affirm.

Case No. 20-0523:  Martin E. Castellanos v. State of Iowa

Filed Jun 16, 2021

View Opinion No. 20-0523

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (7 pages)

            Martin Castellanos appeals the district court summary judgment ruling dismissing his applications for postconviction relief.  OPINION HOLDS: Because he did not establish a fact issue as to his mental competency at the time of the plea hearing, we affirm.

Case No. 20-0524:  The Security National Bank of Sioux City v. Welte

Filed Jun 16, 2021

View Opinion No. 20-0524

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Appellants appeal the district court’s ruling for plaintiffs in a mortgage foreclosure action.  OPINION HOLDS: We conclude the court did not abuse its discretion in denying Frank Welte’s motion for a continuance.  We also conclude the district court properly applied the dragnet clause and determined the proper amount owed by the appellants.  In respect to the evidentiary issues, the parties agree this is an action in equity and although the district court ruled on objections during the bench trial, the rulings on objections do not merit a new trial.  Accordingly, we affirm but remand for any further proceedings related to the foreclosure action.

Case No. 20-0529:  David Wyatt and Robert Swan v. Clay County Board of Supervisors and Clay County Drainage District No. 37

Filed Jun 16, 2021

View Opinion No. 20-0529

            Appeal from the Iowa District Court for Clay County, David A. Lester, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (16 pages)

Landowners David Wyatt and Robert Swan appeal the summary judgment ruling dismissing their petition to reverse the Clay County Board of Supervisors’ action to improve Clay County Drainage District 378.  OPINION HOLDS: We affirm the summary judgment ruling finding the remonstrance failed but reverse the ruling as to all other claims urged by the landowners for further development.

Case No. 20-0656:  Kim Cueno And Michael Nemmers, Individually And As Co-Executors Of The Estate Of Jeanette Konrardy, Kevin Nemmers, Individually, John Nemmers, Individually, Brian Nemmers, Individually, And Terry Nemmers, Individually, v. Mill Valley Care Center; Healthcare Of Iowa, Inc.; And Riverview Develpment Corporation,

Filed Jun 16, 2021

View Opinion No. 20-0656

            Appeal from the Iowa District Court for Jackson County, Patrick McElyea, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (17 pages)

            Plaintiffs appeal the district court decision granting summary judgment to Healthcare of Iowa, Inc., denying its request for certain jury instructions, and granting judgment notwithstanding the verdict to eliminate punitive damages in the judgment against Riverview Development Corp., doing business as Mill Valley Care Center.  OPINION HOLDS: We affirm the district court’s decision on all of the issues raised by plaintiffs on appeal.

Case No. 20-0679:  In re the Marriage of Lydolph

Filed Jun 16, 2021

View Opinion No. 20-0679

            Appeal from the Iowa District Court for Van Buren County, Shawn Showers, Judge.  ORDER AFFIRMED; REMANDED FOR ADDITIONAL FINDINGS.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (12 pages)

            Craig Lydolph appeals an order granting Diann Lydolph’s request to modify the physical-care and child-support provisions in the divorce decree.  He argues the district court erred in finding a substantial change in circumstances warranted modification and awarding physical care of their three children to Diann.  OPINION HOLDS: Because Diann’s move to Missouri constitutes a substantial change in circumstances not contemplated when the decree was entered and she has been the children’s primary caregiver ever since, we affirm the award of physical care to Diann.  Further, we uphold the child support obligation under the modified decree.  As for the cash medical support order, we remand for the district court to allow Craig to offer proof of his health insurance plan to see if the payment is necessary.  Finally, we grant Diann’s request for appellate attorney fees. 

Case No. 20-0738:  State of Iowa v. Alphonze Theophilus Emanuel

Filed Jun 16, 2021

View Opinion No. 20-0738

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR NEW SENTENCING HEARING.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J. (11 pages)

            Alphonze Emanuel appeals his conviction of possession of methamphetamine with intent to deliver, challenging the sufficiency of the evidence supporting the charge.  He also appeals the sentences imposed upon said conviction and two other convictions, arguing his waiver of in-person sentencing was not tendered knowingly and voluntarily.  OPINION HOLDS: We find the evidence sufficient to support Emanuel’s conviction of possession of methamphetamine with intent to deliver.  We vacate the sentences imposed on Emanuel’s convictions and remand the matter for a new sentencing hearing.

Case No. 20-0742:  Des Moines Public Schools and EMC Risk Services, LLC-TPA v. Thomas Hildreth (deceased) by Jane Hildreth (spouse)

Filed Jun 16, 2021

View Opinion No. 20-0742

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Jane Hildreth, on behalf of her deceased husband, Thomas Hildreth, appeals from the district court’s reversal of the workers’ compensation commissioner’s award of death benefits.  OPINION HOLDS: We find the district court erred in reversing the commissioner’s award and in determining the commissioner’s decision was unsupported by substantial evidence.  Substantial evidence exists in the record to support the commissioner’s decision.  Accordingly, we reverse the judgment entered by the district court and reinstate the commissioner’s decision.

Case No. 20-0747:  In the Matter of the Estate of Hazel M. Bronner

Filed Jun 16, 2021

View Opinion No. 20-0747

            Appeal from the Iowa District Court for Winneshiek County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (23 pages)

            Claimant appeals the district court’s denial of his claims for reimbursement against his mother’s estate and family trust for payments he alleges he made on his mother’s behalf during her life.  OPINION HOLDS: Because the district court’s denial is supported by substantial evidence, we affirm the district court’s decision.

Case No. 20-0753:  Bruce Allen Rankin v. State of Iowa

Filed Jun 16, 2021

View Opinion No. 20-0753

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Bruce Rankin appeals from a district court ruling denying him postconviction relief, asserting his trial counsel was ineffective in failing to request the court conduct a colloquy to determine whether his waiver of his right to testify was knowing and voluntary.  OPINION HOLDS: In Schertz v. State, 380 N.W.2d 404, 415 (Iowa 1985), our supreme court held trial courts are not required to conduct a colloquy concerning a defendant’s decision whether or not to testify.  Because Rankin’s counsel was not required to raise a meritless claim, his ineffective-assistance-of-counsel claim fails.

Case No. 20-0803:  State of Iowa v. Dustin Eugene Veld

Filed Jun 16, 2021

View Opinion No. 20-0803

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Schumacher, J. (6 pages)

            Dustin Eugene Veld appeals the sentence imposed following his convictions for aggravated-misdemeanor child endangerment and fourth-degree criminal mischief.  Veld claims the district court failed to provide adequate reasons for the imposition of the sentences, and therefore, the trial court abused its discretion.  OPINION HOLDS: Finding no abuse of discretion by the district court, we affirm.

Case No. 20-0805:  Desiree Nicole Benda v. Travis James Streif

Filed Jun 16, 2021

View Opinion No. 20-0805

            Appeal from the Iowa District Court for Howard County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (8 pages)

            Travis Streif appeals the imposition of a protective order pursuant to Iowa Code chapter 236 (2020).  Travis argues the district court erred in considering a prior chapter 236 action that was ultimately dismissed and in finding the allegations against him rose to the level of assault.  OPINION HOLDS: Chapter 236 contains no time limit in which a petition must be filed and, although a delay may be taken into consideration, claims resulting from past conduct will not be a bar.  Our review of the record shows a prior domestic abuse assault conviction, and Desirée proved there was a current threat to her physical safety by a preponderance of the evidence.

Case No. 20-0814:  Union Pacific Railroad Company and Midwestern Railroad Properties, v. Drainage District 67 Board of Trustees, Gary Rabe, in His Capacity as a Member of the Board of Trustees, Keith Helving, in His Capacity as a Member of the Board of Trustees, Dennis Prochaska, in His Capacity as a Member of the Board of Trustees

Filed Jun 16, 2021

View Opinion No. 20-0814

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  AFFIRMED AS MODIFIED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (11 pages)

            Drainage District 67 Board of Trustees appeals the order granting summary judgment in favor of Union Pacific Railroad Co. on its challenge to the board’s reclassification of drainage benefits and assessment for repairs.  The district court found the board acted inequitably in finding the railroad benefited at the rate of 100% and in assessing the railroad one-half the total cost of a repair project.  The board contends the district court erred by granting the railroad’s motion for summary judgment and reinstating the previous classification of benefits.  OPINION HOLDS: In reclassifying the land in the drainage district, the commission and board improperly considered both the increased cost of repair necessitated by the tile’s location on the railroad’s right of way and the per-acre assessments to other property required under the original classification.  The railroad has met its burden of showing the assessment is inequitable as a matter of law.  We affirm the district court’s order but modify it to eliminate paragraphs three through five and instead provide that the railroad’s property be assessed at its original 5.81% benefit rate.        

Case No. 20-0817:  Joseph Goche v. WMG, L.C.

Filed Jun 16, 2021

View Opinion No. 20-0817

            Appeal from the Iowa District Court for Kossuth County, David A. Lester, Judge.  REVERSED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Doyle, P.J. and Mullins and May JJ.  Opinion by Mullins, J.  Dissent by May, J.  (22 pages)

            Joseph Goche appeals a district court order awarding limited attorney fees and denying a “fees-on-fees” claim following a series of lawsuits filed against him by WMG, L.C. and its members.  WMG cross-appeals, arguing the district court erred in awarding any fees or, alternatively, that if fees were appropriate, they were miscalculated.  OPINION HOLDS: Attorney fees are a debt and are therefore recoverable.  Iowa Code § 489.408(1) (2017).  Awarding attorney fees to enforce indemnification follows Lynch v. City of Des Moines and its progeny.  See 464 N.W.2d 236, 240 (Iowa 1990); see also D.D. v. Davenport Cmty. Sch. Dist., No. 11-2094, 2013 WL 5228716, at *4 (Iowa Ct. App. Sept 18, 2013).  We reverse to the extent the district court declined to award any fees-on-fees and remand for an order allowing fees-on-fees and for determination of a reasonable amount.  We find no abuse of discretion in the value of indemnification for the fees incurred in defending against WMG’s claims.  DISSENT ASSERTS: I respectfully dissent because, in my view, section 489.408(1) (2017) does not require WMG to pay Goche for attorney fees he incurred through his litigation against WMG.

Case No. 20-0837:  Sioux City Truck Sales, Inc. v. Iowa Department of Transportation and Peterbilt Motors Company, and Allstate Peterbilt of Clear Lake

Filed Jun 16, 2021

View Opinion No. 20-0837

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  REVERSED AND REMANDED TO THE AGENCY.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (19 pages)

            Sioux City Truck Sales, Inc. appeals a judicial review order affirming the Iowa Department of Transportation’s approval of an additional motor vehicle dealer franchise in its existing area of responsibility.  OPINION HOLDS: Because neither the agency nor the district court applied the statutory definition of “community” when assessing whether Peterbilt Motors Company met its burden of proving good cause for appointing an additional dealer–franchisee in SCTS’s designated area, we reverse the district court’s judicial review decision and remand to the agency for further proceedings consistent with this opinion. 

Case No. 20-0879:  Patricia K. Carlson v. Second Succession, LLC, Iowa Commercial Advisors, LLC d/b/a Cushman & Wakefield Iowa Commercial Advisors, and Jones Property Services, Inc.

Filed Jun 16, 2021

View Opinion No. 20-0879

            Appeal from the Iowa District Court for Linn County, Fae Hoover-Grinde, Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (4 pages)

            Patricia Carlson appeals the dismissal of her personal injury action against Second Succession, LLC; Iowa Commercial Advisors, LLC; and Jones Property Services, Inc.  Carlson contends the district court erred in dismissing her lawsuit on statute-of-limitations grounds. OPINION HOLDS: We affirm the court’s dismissal of Carlson’s petition.

Case No. 20-0912:  City of Tiffin v. Tat, LLC

Filed Jun 16, 2021

View Opinion No. 20-0912

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (14 pages)

            Trustees of a trust appeal adverse rulings in a condemnation-related proceeding.  They challenge the district court’s entry of summary judgment in favor of the City of Tiffin (the City), denial of their renewed motion to compel discovery, and invalidation of a conveyance made by the trust.  OPINION HOLDS: We affirm the entry of summary judgment and the denial of the trust’s renewed motion to compel.  We reverse the district court to the extent its ruling invalidated the quit claim deed, and we remand the matter to the district court to enter an order clarifying the same.

Case No. 20-0921:  State of Iowa v. Devin Duquon Main-Patterson

Filed Jun 16, 2021

View Opinion No. 20-0921

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Blane, S.J.  Opinion by Blane, S.J. (5 pages).

            Devin Main-Patterson appeals the sentencing court’s imposition of a seven-year mandatory minimum sentence after he pled guilty to robbery in the second degree as part of a plea bargain.  He complains the sentencing court abused its discretion by considering only one factor in deciding to impose the mandatory minimum.  OPINION HOLDS: Finding the record does not support his contention, we affirm.

Case No. 20-0955:  Ruth E. Rarick Trust v. City of Tiffin, Iowa

Filed Jun 16, 2021

View Opinion No. 20-0955

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  REVERSED AND REMANDED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (14 pages)

            The Ruth E. Rarick Trust (Trust) appeals the denial of its petition for writ of certiorari.  OPINION HOLDS: Before initiating condemnation proceedings, the City of Tiffin must comply with Iowa Code sections 6B.2B, 6B.45, and 6B.54(3) (2019) by providing the Trust with a separate appraisal and offer for the Trust’s property interest.

Case No. 20-0986:  Sherilyn Fasig Snitker v. Seabright Insurance Company, and Birdnow Enterprises, Inc. d/b/a Birdnow Motors

Filed Jun 16, 2021

View Opinion No. 20-0986

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (13 pages)

            Sherilyn Fasig Snitker appeals the district court’s ruling on judicial review upholding the workers’ compensation commissioner determination she suffered forty percent industrial disability rather than total disability.  OPINION HOLDS: Because there is substantial evidence supporting the agency’s pertinent factual findings and the agency’s industrial disability determination was based on proper factors and rationally explained, we affirm.

Case No. 20-1016:  Michael C. Ryan and Ryan Data Exchange, Ltd d/b/a Rydex, Ltd v. Belin McCormick, P.C., Quentin Boyken, Michael R. Reck, Christopher Risewick, and Seneca Distribution, LC

Filed Jun 16, 2021

View Opinion No. 20-1016

            Appeal from the Iowa District Court for Polk County, Robert Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Tabor, P.J.  (5 pages)

            Michael Ryan appeals the grant of summary judgment on his fraudulent-settlement claim against Belin McCormick law firm.  OPINION HOLDS: Because Ryan signed a settlement agreement, which included a release of all claims related to the settlement, we affirm the grant of summary judgment in this memorandum opinion.  See Iowa Ct. R. 21.26(1)(d), (e). 

Case No. 20-1082:  In re the Marriage of Thomas

Filed Jun 16, 2021

View Opinion No. 20-1082

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (5 pages)

            Steven Thomas appeals the order modifying the spousal support awarded to Cheryl Thomas in the 2016 decree dissolving their marriage.  OPINION HOLDS: The district court properly modified spousal support based on the evidence of Steven’s earning capacity.

Case No. 20-1142:  State of Iowa v. Jeffery Lynn Britcher

Filed Jun 16, 2021

View Opinion No. 20-1142

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J. (14 pages)

            Jeffery Britcher appeals his conviction of possession of methamphetamine with intent to deliver as a habitual offender, challenging the denial of his motion to suppress evidence obtained as a result of an allegedly unconstitutional traffic stop and ensuing search of a vehicle.  He argues (1) the traffic stop was impermissibly expanded in duration, (2) the stop was impermissibly expanded in scope, and (3) a dog sniff of the vehicle was unconstitutional because the dog entered the vehicle.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the denial of Britcher’s motion to suppress, and his conviction.

Case No. 20-1159:  In the Matter of the Guardianship and Conservatorship of Joseph C. Kintzle

Filed Jun 16, 2021

View Opinion No. 20-1159

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Lori Kintzle and Lisa Nickerson appeal the district court’s decision denying their request to be awarded attorney fees in the guardianship and conservatorship proceedings involving their father.  OPINION HOLDS: Lori and Lisa’s petition to intervene in the proceedings was denied and the other parties objected to their participation.  We conclude the district court properly denied their request for attorney fees.  Additionally, they are not entitled to appellate attorney fees.  We affirm the decision of the district court.

Case No. 20-1254:  Hanson v. Housby Mack, Inc.

Filed Jun 16, 2021

View Opinion No. 20-1254

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (6 pages)

            Kimberly Hanson appeals a summary judgment ruling granted in favor of Housby Mack, Inc.  Hanson argues the district court erred in finding no genuine issue of material fact existed regarding the existence of special circumstances.  OPINION HOLDS: On our review of the record, viewing the evidence in the light most favorable to the nonmoving party, we agree with the district court that no genuine issue of material fact exists on the question of whether special circumstances that would lead to Housby Mack’s liability.  We affirm the grant of summary judgment in favor of Housby Mack.

Case No. 20-1289:  In re the Marriage of Jacobson

Filed Jun 16, 2021

View Opinion No. 20-1289

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (19 pages)

            Sommer Wasser appeals the grant of sole legal custody of the child to his father, Jeffrey Jacobson, and the reduction to her visitation.  She also requests appellate attorney fees.  OPINION HOLDS: Because we find no failure to do equity in the district court’s order granting Jeffery sole legal custody and reducing Sommer’s visitation, we affirm the order in all respects.

Case No. 20-1333:  State of Iowa v. Michael Joseph Watson

Filed Jun 16, 2021

View Opinion No. 20-1333

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J.  (6 pages)

Michael Watson appeals the sentences imposed upon his criminal convictions.  He argues the court’s reliance on his unwillingness to accept responsibility for his actions was an improper sentencing factor, the sentences imposed were unreasonable, and his counsel rendered ineffective assistance in failing to advise testimony would be presented at the time of sentencing and not explaining his right of allocution.  OPINION HOLDS: Finding no cause for reversal, we affirm the sentences imposed.

Case No. 20-1442:  In the Interest of A.G., Minor Child

Filed Jun 16, 2021

View Opinion No. 20-1442

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED ON BOTH APPEALS AND REMANDED WITH DIRECTIONS.  Considered by Doyle, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            A mother and a father separately appeal the termination of their parental rights.  OPINION HOLDS: The child’s best interests are served by terminating the father’s parental rights, and there is no evidence that terminating the mother’s and the father’s parental rights would be detrimental to the child.  But the DHS was required to exercise due diligence to notify the child’s relatives of the transfer of the child’s custody, and nothing in the record indicates it did so.  We affirm the termination of both the mother’s and the father’s parental rights but remand to provide the child’s relatives with notice of the termination and their rights and options regarding the child’s placement.

Case No. 20-1535:  In re the Marriage of Flick

Filed Jun 16, 2021

View Opinion No. 20-1535

            Appeal from the Iowa District Court for Harrison County, Jeffrey L. Larson, Judge.  AFFIRMED IN PART, AFFIRMED AS MODIFIED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Ahlers, J.  (14 pages)

            Jason Flick appeals the district court order granting his former spouse Mikaela Flick’s petition to modify the terms of their marriage dissolution decree and denying his own.  OPINION HOLDS: We affirm the district court’s decision to leave the joint-physical-care arrangement intact while modifying the parenting-time schedule to allow for alternating one-week periods and to allow each parent to choose the daycare provider while the child is in that parent’s care.  We agree with the district court that a right-of-first-refusal provision is appropriate, but we modify that provision.  We reverse the district court’s delegation of school-choice authority to the mother and remand for the district court to make that decision.  We decline to award appellate attorney fees.

Case No. 20-1577:  In the Interest of J.S. and A.H., Minor Children

Filed Jun 16, 2021

View Opinion No. 20-1577

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: We grant the mother’s request for delayed appeal but affirm the termination of her parental rights.  There is no basis for delaying permanency another six months, and the evidence shows terminating the mother’s parental rights is in the best interests of the children.

Case No. 21-0151:  In the Interest of S.K. and N.K., Minor Children

Filed Jun 16, 2021

View Opinion No. 21-0151

            Appeal from the Iowa District Court for Monona County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            A father appeals the adjudication of his children as children in need of assistance (CINA).  He argues (1) the juvenile court impermissibly delegated its authority to set visitation, (2) it is not in his child’s best interest to leave visitation at the discretion of the Iowa Department of Human Services (DHS), (3) the court should not have ordered him to produce his child’s cell phone or a corresponding report an expert prepared related to the phone, and (4) the State failed to establish statutory grounds for adjudication.  OPINION HOLDS: The juvenile court did not impermissibly delegate its authority to set visitation, and it was in the child’s best interest to permit DHS to manage the frequency and terms of visitation.  The court did not abuse its discretion in ordering the father to produce the phone and corresponding expert report.  The father waived his challenge to the grounds authorizing adjudication of one child.  And the father’s credibility challenge to other child is unsuccessful, so the grounds authorizing adjudication of the child as CINA are satisfied.

Case No. 21-0264:  In the Interest of W.S., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0264

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

            A mother and father separately appeal the termination of their respective parental rights to their child.  The parents argue termination is not in their child’s best interest and request additional time to work toward reunification.  OPINION HOLDS: Termination of both parent’s parental rights is in the child’s best interest.  We grant neither parent additional time to work toward reunification.

Case No. 21-0306:  In the Interest of M.B., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0306

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father appeals the juvenile court order terminating his parental rights.  OPINION HOLDS: We grant the father’s request for a delayed appeal.  The juvenile court did not abuse its discretion by denying the father’s motion for a continuance.  We find there is substantial evidence in the record to support the 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. 21-0324:  In re the Interest of Z.K., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0324

            Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J. and Tabor and Ahlers, JJ.,  Opinion by Ahlers, J., Dissent by Tabor, J.  (13 pages)

            The mother and the father separately appeal the termination of their parental rights.  OPINION HOLDS: We find the record at the time of the termination hearing does not show the Indian Child Welfare Act applies to this proceeding.  Furthermore, the parents failed to present a reviewable issue arising from their claims of progress, and the parents waived any claim for additional or alternative services.  Therefore, we affirm the termination of both parents’ parental rights.  DISSENT ASSERTS: I respectfully dissent from the majority’s conclusion that the juvenile court correctly concluded Z.K. is not an Indian child protected under the Indian Child Welfare Act. 

Case No. 21-0340:  In the Interest of A. R., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0340

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, District Associate Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the removal of his child from his custody.  He contends (1) he “was denied a fair trial and due process . . . due to being denied a speedy temporary removal hearing, by being denied the right to cross examine the State’s witness, and by terminating the removal hearing prior to all evidence being submitted” and (2) “[t]here was no factual or legal basis to temporarily remove the child from [his] care, as there was no imminent danger to the child and the child was not at risk of being exposed to further adjudicatory harm in [his] home.”  OPINION HOLDS: Because the issues the father raises are moot, we dismiss his appeal. 

Case No. 21-0351:  In the Interest of J.D., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0351

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

            A mother appeals the termination of her parental rights.  She challenges the grounds for termination and the court’s “pattern of conduct” consideration for termination, argues termination is not in the best interests of the child, and asks the court to apply two of the permissive exceptions against termination.  OPINION HOLDS: We find a ground for termination was established by clear and convincing evidence, the mother’s behavior was a valid concern, termination was in the child’s best interests, and we decline to apply the exceptions to termination in this case.

Case No. 21-0383:  In the Interest of S.F., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0383

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

            The mother appeals the termination of her parental rights to S.F., born in 2015.  She contends the statutory ground for termination was not proved or, alternatively, the court should have delayed permanency to give her additional time to work toward reunification.  Additionally, she maintains it is not the child’s best interests to terminate her rights because of their close bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

Case No. 21-0402:  In the Interest of K.C., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0402

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Doyle, P.J., May, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (9 pages)

            A mother and father separately appeal from the termination of their parental rights to their child.  Both contend the State failed to prove the grounds for termination cited by the juvenile court, the court should have granted additional time to work toward reunification, termination is not in the child’s best interests, and the department of human services failed to make reasonable efforts toward reunification.  OPINION HOLDS: We affirm on both appeals.   

Case No. 21-0456:  In the Interest of S.B., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0456

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A mother and father appeal the termination of their parental rights.  OPINION HOLDS: We find clear and convincing evidence for termination of both parents’ rights under Iowa Code section 232.116(1)(h) (2020).  We also find the father did not show the closeness of his parent-child relationship met the statutory factor precluding termination under section 232.116(3)(c).  Thus, we affirm. 

Case No. 21-0461:  In the Interest of A.P., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0461

            Appeal from the Iowa District Court for Iowa County, Russell G. Keast, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (8 pages)

            A mother appeals the termination of her parental rights.  She argues the State failed to prove grounds for termination, termination is not in the best interests of the child, and her rights should not have been terminated due to the closeness of the parent-child bond.  The mother also argues she should have been given an additional six months to work toward reunification.  OPINION HOLDS: We agree with the district court that the State established by clear and convincing evidence that the child could not be returned to the mother at the time of termination, establishing the only contested element of termination pursuant to Iowa Code section 232.116(1)(h) (2020).  The mother’s history of inactivity in this case and the child’s immediate need for permanency support the district court’s decision to refuse the mother an additional six months to work toward reunification.  We also agree with the district court that termination is in the child’s best interests and no permissive exception to termination applies.

Case No. 21-0488:  In the Interest of E.P., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0488

            Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            The mother and father separately appeal the termination of their parental rights.  The mother claims the State failed to prove the child could not be returned to her custody at the time of the termination hearing.  The mother and father also claim the juvenile court should have applied a permissive statutory exception to termination, arguing termination is detrimental to the child due to the closeness of the parent-child relationships.  OPINION HOLDS: We affirm the termination of the mother and father’s parental rights and decline to apply a statutory exception to termination.

Case No. 21-0511:  In the Interest of M.L., Minor Child

Filed Jun 16, 2021

View Opinion No. 21-0511

            Appeal from the Iowa District Court for Polk County, Romonda Belcher.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J. and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (11 pages)

            A father and mother separately appeal the district court order terminating their parental rights to their five-year-old son, M.L. Both parents challenge the statutory grounds relied on by the district court and allege termination is not in M.L.’s best interest. The parents also request a permissive exception be applied to preclude termination. The mother requests an extension of time for reunification efforts.  OPINION HOLDS:.We find termination of the parents’ parental rights supported by the evidence and termination is in the best interest of M.L.  A permissive exception should not be applied on the facts in this record. Lastly, we determine the mother’s argument for an extension of time to be unpreserved. Accordingly, we affirm the district court’s termination order.

Case No. 19-1858:  State of Iowa v. Travis Glasgow

Filed May 26, 2021

View Opinion No. 19-1858

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by May, P.J.  (9 pages)

            Travis Glasgow appeals his sentence following a guilty plea.  OPINION HOLDS: The district court did not abuse its discretion in imposing sentence.  Glasgow has waived his cruel and unusual punishment claim and failed to preserve error on his due process claim.

Case No. 19-1993:  State of Iowa v. Zachary Jay Ouverson

Filed May 26, 2021

View Opinion No. 19-1993

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Scott, S.J.  Opinion by Scott, S.J. (8 pages)

            Zachary Ouverson appeals his conviction of possession of a controlled substance, challenging the denial of his motion to suppress evidence obtained as a result of an allegedly unconstitutional traffic stop.  OPINION HOLDS: Finding no cause for reversal on the issues presented for our review, we affirm the district court’s denial of Ouverson’s motion to suppress and his conviction.

Case No. 19-2050:  State of Iowa v. Barbara Lee Pasa

Filed May 26, 2021

View Opinion No. 19-2050

            Appeal from the Iowa District Court for Monroe County, Shawn Showers, Judge.  CONVICTIONS AFFIRMED; SENTENCES AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher. JJ.  Opinion by Greer, J.  (26 pages)

            Barbara Pasa appeals her convictions for first-degree murder and first-degree arson, arguing the jury verdict is not supported by sufficient evidence and the district abused its discretion in declining to find the verdict to be contrary to the weight of the evidence.  She also raises a sentencing error and claims ineffective assistance of her trial counsel.  OPINION HOLDS: We affirm Barbara’s convictions for first-degree murder and first-degree arson.  We remand for entrance of an order eliminating the mandatory minimum portion of her sentence requiring her to serve 70% of her arson sentence before eligibility for parole or work release.  We preserve Barbara’s ineffective-assistance-of-counsel claims for future postconviction-relief proceedings.

Case No. 19-2096:  In re the Detention of Jesse Monroe Millikin