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2022 Archive | Most Recent Court of Appeals Summaries

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

Opinion Summaries

Case No. 20-1688:  State of Iowa v. Robert Stewart Eakin

Filed Aug 03, 2022

View Opinion No. 20-1688

            Appeal from the Iowa District Court for Hardin County, John R. Flynn, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (10 pages)

            Robert Eakin appeals his three convictions for third-degree sexual abuse, claiming the interviewing officer made improper promises of leniency and the district court gave an improper non-corroboration jury instruction.  OPINION HOLDS: The interviewing officer’s statements to Eakin prior to his confession were improper promises of leniency that made Eakin’s confession inadmissible.  The district court also erred in including the non-corroboration instruction.  The district court’s error regarding the instruction was harmless as to one of the convictions, as the victim’s testimony was corroborated by the victim’s mother.  The district court’s error was not harmless to the remaining two convictions, as Eakin’s confession was the only corroborating evidence.

Case No. 21-0086:  State of Iowa v. David M. Cox

Filed Aug 03, 2022

View Opinion No. 21-0086

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Danilson, S.J.  Opinion by May, P.J.  (10 pages)

            David Cox appeals his guilty plea and sentence for forgery and theft.  OPINION HOLDS: Cox has shown good cause to appeal, and we grant him a delayed appeal to hear his claims.  But because the district court did not abuse its sentencing discretion, we affirm the district court.

Case No. 21-0315:  State of Iowa v. Anthony Eugene English

Filed Aug 03, 2022

View Opinion No. 21-0315

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (14 pages)

            Anthony English appeals his convictions and sentences for first-degree murder and first-degree robbery, claiming the district court should have granted a mistrial, that certain evidence was improperly admitted, and the court abused its sentencing discretion.  OPINION HOLDS: We affirm the district court because it did not abuse its discretion in regard to any of English’s claims on appeal.

Case No. 21-0317:  State of Iowa v. Troy Lee Patrick

Filed Aug 03, 2022

View Opinion No. 21-0317

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

            Troy Patrick appeals his convictions for delivery of a controlled substance and failure to possess a tax stamp.  He argues the district court did not adequately advise him of his right to compulsory process before accepting his guilty plea.  OPINION HOLDS: We consider the merits of Patrick’s argument because the district court did not adequately advise him of the need to file a motion in arrest of judgment.  Patrick failed to show he more likely than not would not have pled guilty if properly advised of his right to compulsory process, so we reject his challenge to his guilty plea and affirm his convictions.

Case No. 21-0348:  In the Matter of the Guardianship of J.W.,

Filed Aug 03, 2022

View Opinion No. 21-0348

            Appeal from the Iowa District Court for Polk County, William A. Price, District Associate Judge.  REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.  Heard by May, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  Special Concurrence by Greer, J.  (17 pages)

            Iowa Attorney Jacob van Cleaf petitioned to take involuntary guardianship of a former client’s child.  The former client—the child’s mother—asserted van Cleaf’s bringing of the action violated numerous Iowa Rules of Professional Conduct.  The district court agreed with the mother; ruled that van Cleaf had violated Iowa Rules of Professional Conduct 32:1.9 and 32:1.8; and, as the remedy, dismissed the guardianship action.  On appeal, we consider whether the rules van Cleaf was found to have breached apply to attorneys who are representing themselves and what the proper remedy is for violating any of the applicable rules.  OPINION HOLDS: Dismissal of the guardianship action was inappropriate; neither Iowa Rule of Civil Procedure 1.421(1)(f), the Iowa Rules of Professional Conduct, nor case law support it.  Therefore, we reverse the dismissal and remand for further proceedings.  SPECIAL CONCURRENCE ASSERTS: I concur with the majority but write separately to highlight that van Cleaf may wish to avail himself of the informal process allowing any Iowa lawyer to seek advisory opinions about an issue through the Ethics Committee of the Iowa State Bar Association before the proceedings on the merits of his involuntary guardianship petition continue.

Case No. 21-0350:  Robert D. Mordini v. Iowa State Patrol, Jeff Ritzman, and Roxann Ryan

Filed Aug 03, 2022

View Opinion No. 21-0350

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            Robert Mordini appeals from a district court ruling granting summary judgment in favor of his former employer, the Iowa State Patrol, and his former supervisors, Jeff Ritzman and Roxann Ryan.  OPINION HOLDS: We affirm the judgment of the district court.

Case No. 21-0378:  State of Iowa v. Dennis Eugene Cooper Jr.

Filed Aug 03, 2022

View Opinion No. 21-0378

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Carr, S.J.  Opinion by Tabor, P.J.  (4 pages)

            Dennis Cooper, Jr., pleaded guilty to two counts of second-degree sexual abuse and one count of third-degree sexual abuse.  The district court sentenced him to consecutive, indeterminate terms of incarceration of twenty-five years for each of the two second-degree counts and ten years for the third-degree count.  Cooper contends the court did not give adequate reasons for imposing the sentences consecutively.  OPINION HOLDS: We find no abuse of discretion and affirm the sentences.

Case No. 21-0470:  England v. Iowa Department of Transportation

Filed Aug 03, 2022

View Opinion No. 21-0470

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. Dissent by May, P.J.  (14 pages)

            The Iowa Department of Transportation (DOT) appeals the district court’s denial of the DOT’s motion for summary judgment.  The DOT alleges this action is barred by claim preclusion.  OPINION HOLDS: Upon our review, we determine this claim, instituted by Jerry, Larry, and Charlotte England is barred by their previous litigation.  Accordingly, the district court should have granted the motion.  We reverse and remand for entry of summary judgment for the DOT. DISSENT ASSERTS: I respectfully dissent.  I don’t believe the current suit is barred by our opinion in Anderson State ex rel. Iowa Department of Transportation, No. 17-1276, 2019 WL 1055720, at *3 (Iowa Ct. App. Mar. 6, 2019).

Case No. 21-0531:  Saunders v. Snyder-Johnson

Filed Aug 03, 2022

View Opinion No. 21-0531

            Appeal from the Iowa District Court for Jackson County, Tamra Roberts, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (14 pages)

            Terrill and Shirley Saunders (collectively Saunders) appeal a district court ruling that denied their claim seeking a new property boundary by acquiescence, contending Constance (Connie) Snyder-Johnson and her daughter, Diane Miller, ceded land up to a fence line that lies on Connie’s land.  Connie cross-appeals, claiming the district court erroneously found she had not established an easement by prescription on land the Saunders own.  OPINION HOLDS: Under the applicable standard of review, we affirm the district court decision that found the Saunders failed to establish a boundary by acquiescence and denied Connie’s claim for an easement.   

Case No. 21-0565:  State of Iowa v. Michael Paul Bibby

Filed Aug 03, 2022

View Opinion No. 21-0565

            Appeal from the Iowa District Court for Wapello County, Joel D. Yates, Judge.  AFFIRMED.  Considered by May, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (7 pages)

            Michael Bibby appeals his conviction on a charge of attempt to commit murder and the sentences imposed on his convictions for willful injury and first-degree robbery.  OPINION HOLDS: Viewing the evidence and the inferences taken from it in the light most favorable to the State, a reasonable juror could find Bibby had the specific intent to commit murder.  Because there were multiple assaults or threats from which the jury could find Bibby committed robbery, it is not necessary to merge Bibby’s convictions of willful injury and first-degree robbery.

Case No. 21-0580:  In re the Marriage of Gray

Filed Aug 03, 2022

View Opinion No. 21-0580

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (8 pages)

            Normaleena Ramirez Grebe appeals the district court’s dismissal of her application for rule to show cause on res judicata grounds.  OPINION HOLDS: Grebe’s application is not barred under issue preclusion because the prior court did not decide whether Thomas Gray’s post-military career constituted “federal service.”  However, Grebe’s application is barred under claim preclusion because Grebe had a full and fair opportunity to litigate the “federal service” issue in the prior action.

Case No. 21-0658:  Andrew Xavier Ramirez v. State of Iowa

Filed Aug 03, 2022

View Opinion No. 21-0658

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (10 pages)

            The applicant appeals denial of his application for postconviction relief.  He raises five separate claims and one claim of cumulative prejudice.  OPINION HOLDS:  We find no merit in any individual ground and no cumulative prejudice.  We affirm denial of relief. 

Case No. 21-0830:  State of Iowa v. George Lamar Barron

Filed Aug 03, 2022

View Opinion No. 21-0830

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and May, JJ.  Opinion by May, J.  (3 pages)

            George Barron appeals his conviction for operating while intoxicated.  OPINION HOLDS: Sufficient evidence supports Barron’s conviction.

Case No. 21-0834:  DeJong v. Munson

Filed Aug 03, 2022

View Opinion No. 21-0834

            Appeal from the Iowa District Court for Marion County, Terry R. Rickers, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (16 pages)

            One sister, Mary De Jong, as a tenant in common with her sister, Brenda Munson, petitioned for partition of property that was Munson’s home.  The district court found that equity prevented De Jong from pursuing the partition action.  OPINION HOLDS: De Jong as a tenant in common and having paid for repairs to the property as well as mortgage payments, has an interest in the property sufficient to seek partition.  And because no equitable consideration justifies curtailing De Jong’s right to partition, we reverse the district court’s ruling and remand for further proceedings.

Case No. 21-0920:  State of Iowa v. Jordan Nichole Bryant

Filed Aug 03, 2022

View Opinion No. 21-0920

            Appeal from the Iowa District Court for Story County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (7 pages)

            Jordan Bryant was convicted of third-degree robbery and involuntary manslaughter.  She argues her robbery conviction should merge into her involuntary manslaughter conviction.  OPINION HOLDS: We affirm the district court because it would be possible to commit the manslaughter offense without necessarily committing the robbery offense. 

Case No. 21-0954:  Alvis T. Sayee v. State of Iowa

Filed Aug 03, 2022

View Opinion No. 21-0954

            Appeal from the Iowa District Court for Marion County, Martha L. Mertz, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (4 pages)

            Alvis Sayee appeals the denial of his application for postconviction relief, contending plea counsel conducted an inadequate investigation of text messages.  OPINION HOLDS: Because Sayee failed to show counsel performed below constitutional norms, we affirm.

Case No. 21-0959:  In the Matter of the Estate of Sam Vernon Elsen, Deceased.

Filed Aug 03, 2022

View Opinion No. 21-0959

            Appeal from the Iowa District Court for Pocahontas County, Christopher C. Polking, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (13 pages)

            Chad Michael Elsen appeals the order denying and dismissing his petition in an action to contest his father’s will and trust.  OPINION HOLDS: I. Substantial evidence supports the finding that Chad failed his burden of proving his sister unduly influenced the will.  II. Applying the same burden of proof to Chad’s claim of undue influence in the creation of an inter vivos revocable trust, we reach the same conclusion.  III. Having failed to prove undue influence or other legal wrong occurred, we affirm the denial of Chad’s claim of tortious interference with an inheritance.

Case No. 21-0962:  State of Iowa v. Michael William Euchner, Sr.

Filed Aug 03, 2022

View Opinion No. 21-0962

            Appeal from the Iowa District Court for Ida County, Julie Schumacher (suppression) and Zachary Hindman (trial), Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Gamble, S.J.  Schumacher, J., takes no part.  Opinion by Badding, J. (13 pages)

            Michael Euchner Sr. appeals his drug convictions, claiming the district court erred in denying his motion to suppress because “plain smell” does not establish probable cause and the information used to obtain the warrant was stale by the time it was executed.  He also challenges the sufficiency of the evidence to show he intended to deliver methamphetamine or marijuana.  OPINION HOLDS: We affirm the denial of Euchner’s motion to suppress and find sufficient evidence supported the challenged verdicts.

Case No. 21-0985:  Dale Robert Tournier v. State of Iowa

Filed Aug 03, 2022

View Opinion No. 21-0985

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Vadim Shultsev appeals his sentence after pleading guilty to driving while barred.  He argues the sentencing court considered an impermissible factor, determining he should serve a longer prison sentence because he would receive better medical care than he would in the county jail.  OPINION HOLDS: Because the court could consider Shultsev’s health as a mitigating factor in making its sentencing determination, we affirm.

Case No. 21-1042:  State of Iowa v. Daniel Scott Enriquez, Sr.

Filed Aug 03, 2022

View Opinion No. 21-1042

            Appeal from the Iowa District Court for Louisa County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Bower, C.J.  (3 pages)

            Daniel Scott Enriquez Sr. contends the district court abused its sentencing discretion.  OPINION HOLDS: The court’s reasons were neither clearly untenable or unreasonable.  We affirm.

Case No. 21-1055:  In re the Marriage of Hutchens

Filed Aug 03, 2022

View Opinion No. 21-1055

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Blane, S.J.  Opinion by May, P.J.  (5 pages)

            Laura Hutchens appeals from the physical-care determination in the decree dissolving her marriage to Barry Hutchens Jr.  OPINION HOLDS: We agree with the district court that the children’s interests are best served by placing their physical care with Barry.

Case No. 21-1154:  In re Marriage of Ossowski

Filed Aug 03, 2022

View Opinion No. 21-1154

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            A father appeals the district court’s order that he pay a postsecondary education subsidy for his daughter to attend an out-of-state college.  OPINION HOLDS: The district court’s order of a postsecondary education subsidy was proper.  However, we modify the amount of the father’s obligation.

Case No. 21-1254:  Michael Lee Riley v. Jennifer Marie Benage

Filed Aug 03, 2022

View Opinion No. 21-1254

            Appeal from the Iowa District Court for Webster County, Jennifer A. Miller, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (3 pages)

            Michael appeals the denial of his application to modify the parties’ custody decree, challenging the court’s determination he failed to show a substantial change in circumstance.  OPINION HOLDS: We affirm.

Case No. 21-1344:  State of Iowa v. Joshua William Simmons

Filed Aug 03, 2022

View Opinion No. 21-1344

            Appeal from the Iowa District Court for Iowa County, Mitchell E. Turner, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Potterfield, S.J.*  Opinion by Badding, J.  (8 pages)

            Joshua Simmons appeals his conviction of second-offense operating while under the influence, challenging the denial of his motion to suppress evidence obtained as a result of a traffic stop.  OPINION HOLDS: Deferring to the credibility findings by the district court, we find the State met its burden to show the officer had reasonable suspicion to initiate the traffic stop.  We affirm the denial of the motion to suppress.

Case No. 21-1489:  State of Iowa v. Theresa Wynell McBroom

Filed Aug 03, 2022

View Opinion No. 21-1489

            Appeal from the Iowa District Court for Decatur and Wayne Counties, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Mullins, S.J.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Theresa Wynell McBroom appeals the sentences imposed following her guilty pleas to several drug offenses.  OPINION HOLDS: We discern no abuse of discretion in the court’s decision to impose consecutive sentences.  McBroom’s judgment of conviction and sentence are affirmed.

Case No. 21-1549:  State of Iowa v. Jeffery Lee Pearson

Filed Aug 03, 2022

View Opinion No. 21-1549

            Appeal from the Iowa District Court for Marion County, Dustria A. Relph and Stacy Ritchie, Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED, AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Jeffery Pearson appeals his convictions for domestic abuse assault and assault causing bodily injury, arguing there was no factual basis to support his guilty pleas.  He also appeals his sentences, arguing the district court abused its discretion in imposing consecutive sentences and his sentences are grossly disproportionate to his crimes.  OPINION HOLDS: Finding no good cause to grant a right to appeal based on lack of factual basis supporting Pearson’s guilty pleas, we deny the challenge to his guilty pleas and confirm his convictions.  As to sentencing, we find the court imposed an illegal sentence of more than one year in jail, so we need not address the other challenges to his sentence.  We vacate the sentences and remand for resentencing.

Case No. 21-1551:  State of Iowa v. Clarence Widner

Filed Aug 03, 2022

View Opinion No. 21-1551

            Appeal from the Iowa District Court for Buchanan County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Schumacher and Greer, JJ.  Opinion by Schumacher, J.  (8 pages)

            A defendant appeals his conviction for sexual abuse in the third-degree, challenging the sufficiency of the evidence. OPINION HOLDS: We find substantial evidence supports the conviction.  We affirm. 

Case No. 21-1648:  State of Iowa v. Mark Alan Richards

Filed Aug 03, 2022

View Opinion No. 21-1648

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Badding, P.J. (6 pages)

            Mark Richards appeals the sentence imposed on his conviction of incest, claiming the district court abused its discretion by considering improper sentencing factors.  OPINION HOLDS: We conclude Richards failed to affirmatively show that the court relied on improper sentencing factors.  So, we affirm the court’s sentencing decision.

Case No. 21-1697:  State of Iowa v. Vadim Igorevic Shultsev

Filed Aug 03, 2022

View Opinion No. 21-1697

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Vadim Shultsev appeals his sentence after pleading guilty to driving while barred.  He argues the sentencing court considered an impermissible factor, determining he should serve a longer prison sentence because he would receive better medical care than he would in the county jail.  OPINION HOLDS: Because the court could consider Shultsev’s health as a mitigating factor in making its sentencing determination, we affirm.

Case No. 21-1753:  State of Iowa v. Iowa District Court for Woodbury County

Filed Aug 03, 2022

View Opinion No. 21-1753

            Certiorari to the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  WRIT SUSTAINED, SENTENCE VACATED, AND CASE REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Bower, C.J.  (5 pages)

            On certiorari, the State challenges the legality of a criminal sentence.  OPINION HOLDS: The sentence imposed by the district court including only a fine was not legal.  We therefore sustain the writ of certiorari, vacate the sentence imposed, and remand for resentencing. 

Case No. 21-1795:  State of Iowa v. Tina Marie Pitts

Filed Aug 03, 2022

View Opinion No. 21-1795

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Tina Marie Pitts appeals her conviction for driving while barred, asserting improper notice.  OPINION HOLDS: Because notice is not a required element for the offense, we affirm.

Case No. 21-1808:  State of Iowa v. Robert Darnell Luckett, III

Filed Aug 03, 2022

View Opinion No. 21-1808

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Robert Luckett appeals the district court’s denial of his motion to suppress.  OPINION HOLDS: Luckett’s commission of a traffic offense by failing to use his turn signal provided probable cause for a stop.  The smell of marijuana coming from the vehicle provided probable cause to search it.  The claim that hemp smells like marijuana and is legal does not negate probable cause to search for marijuana.  As the stop of Luckett and the subsequent search of his vehicle were both within constitutional bounds, the motion to suppress was properly denied.

Case No. 21-1814:  Ed Allen v. City of Waukee, Iowa, and Linda Burkhart

Filed Aug 03, 2022

View Opinion No. 21-1814

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (7 pages)

            A homeowner appeals the district court’s grant of summary judgment in an action to challenge a municipal utility bill.  OPINION HOLDS: Because record evidence created a genuine issue of material fact, summary judgment was not appropriate. 

Case No. 21-1935:  JL Construction Services, LLC v. Alex Bixby

Filed Aug 03, 2022

View Opinion No. 21-1935

            Appeal from the Iowa District Court for Butler County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and May, JJ.  Opinion by Bower, C.J.  (6 pages)

            JL Construction Services, LLC, appeals from judgment entered in this action arising from an oral construction contract, asserting the court erred in denying its requested eighteen percent annual finance charge and in finding merit in Bixby’s counterclaim.  OPINION HOLDS: Because there is substantial evidence to support the court’s findings and no error in its conclusions, we affirm.

Case No. 21-1950:  State of Iowa v. Crissie Marie Heldenbrand

Filed Aug 03, 2022

View Opinion No. 21-1950

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

Crissie Heldenbrand appeals the sentence imposed after she pled guilty to dependent adult abuse by financial exploitation, first-degree theft, and forgery.  Heldenbrand argues the sentencing court gave too little weight to her opportunity for rehabilitation and too much weight to the protection of the community from further offenses; she maintains she should have received deferred judgments rather than suspended sentences and probation.  OPINION HOLDS: Given the strong presumption we give in favor of a sentence that falls within the statutory limits, and because the sentencing court appropriately weighed the required factors, we affirm Heldenbrand’s sentence. 

Case No. 21-1966:  Bridge Gap Engineering, LLC, on its own behalf and as assignee of Missouri Cement, L.L.C., d/b/a Continental Cement Company, L.L.C. v. American Pfeiffer Corporation, d/b/a Christian Pfeiffer America and Christian Pfeiffer Maschinefabrik, GMBH

Filed Aug 03, 2022

View Opinion No. 21-1966

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (11 pages)

            Bridge Gap Engineering, LLC was granted uncontested summary judgment in this contract dispute against American Pfeiffer Corporation.  American Pfeiffer appeals the damages award, asserting the liquidated damages provision of their contract limits Bridge Gap’s ability to recover.  The district court denied American Pfeiffer’s motion to reconsider on the basis that the contract was additional evidence not already before the court.  OPINION HOLDS: We find the district court erred when it considered the contract additional evidence and did not reconsider the damages award to incorporate the contract terms.  We reverse the ruling on damages and remand for a determination of damages considering the applicability of the contract.

Case No. 22-0015:  State of Iowa v. Terreon Marcell Shabazz

Filed Aug 03, 2022

View Opinion No. 22-0015

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

            Terreon Shabazz appeals his sentence, claiming the district court erroneously used a fixed age-related policy and otherwise abused its discretion.  OPINION HOLDS: The district court did not apply a fixed age-related policy, as the court relied on Shabazz’s criminal history and failure to comply with community-based corrections in addition to this age.  The district court also did not abuse its discretion, as it relied on his criminal history, employment circumstances, and the nature of the offense.  

Case No. 22-0027:  In the Interest of K.B., Minor Child

Filed Aug 03, 2022

View Opinion No. 22-0027

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (7 pages)

            A mother appeals the dismissal of a private termination action seeking termination of her child’s father’s parental rights.  OPINION HOLDS: The mother established statutory grounds for termination.  So we reverse the district court.  We remand for the district court to complete a best-interest analysis.

Case No. 22-0105:  State of Iowa v. Monique Jones-Baker

Filed Aug 03, 2022

View Opinion No. 22-0105

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J. (6 pages)

            Monique Jones-Baker appeals the sentence imposed on her criminal conviction, arguing the court abused its discretion by considering improper sentencing factors.  OPINION HOLDS: Finding no abuse of discretion by consideration of improper sentencing factors, we affirm. 

Case No. 22-0168:  State of Iowa v. Chad A. Bradford

Filed Aug 03, 2022

View Opinion No. 22-0168

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

            Chad Bradford appeals his guilty plea, asserting good cause exists for his appeal due to the failure of the district court to advise him of his right to file a motion in arrest of judgment. As to his guilty plea, Bradford contends he did not enter it knowingly and voluntarily because the district court incorrectly stated the minimum fine and failed to inform him of two surcharges he faced upon conviction.  OPINION HOLDS: We find Bradford has good cause to appeal.  But under newly enacted Iowa Code section 814.29 (2021), we determine that Bradford failed to demonstrate that he more likely than not would not have entered into the plea had the court properly informed him of the lesser fine and advised him of the applicable surcharges.  We affirm. 

Case No. 22-0724:  In the Interest of A.M., Minor Child

Filed Aug 03, 2022

View Opinion No. 22-0724

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: We affirm the juvenile court because the statutory grounds for termination were met and termination is in the child’s best interest.  We decline to apply a permissive exception to termination and find no abuse of discretion in the juvenile court’s denial of the mother’s motion for new trial. 

Case No. 22-0747:  In the Interest of J.D., Minor Child

Filed Aug 03, 2022

View Opinion No. 22-0747

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (8 pages)

            A father and guardian ad litem (GAL) appeal following a juvenile court ruling on an Iowa Rule of Civil Procedure 1.904 motion in this child-in-need-of-assistance (CINA) proceeding.  Both argue the juvenile court should have returned the child to the father and closed the CINA case.  The GAL also argues the State has not made reasonable efforts toward reunification.  OPINION HOLDS: The juvenile court did not make a determination as to whether the State provided reasonable efforts and instead decided it first needed both parties to present evidence on the issue.  We agree and remand so that can take place.  As to placement of the child and closure of the CINA case, we agree with the juvenile court that the child cannot be safely returned and the CINA case cannot be closed.

Case No. 22-0896:  In the Interest of S.M., N.N.-M., and S.M., Minor Children

Filed Aug 03, 2022

View Opinion No. 22-0896

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            The mother appeals the termination of her parental rights to three children.  She contends the State failed to prove the statutory grounds, termination is not in the children’s best interests, a termination exception applies, and she should be given additional time to work toward reunification.  OPINION HOLDS: Because her appeal challenges the wrong statutory ground and does not address one ground at all, she has waived any error related to those grounds.  And because she is not able to provide a safe and stable living situation for the children, we find her other challenges lack merit.  Accordingly, we affirm the termination. 

Case No. 21-1165:  In re the Marriage of Engelman

Filed Aug 03, 2022

View Opinion No. 21-1165

    

            Appeal from the Iowa District Court for Boone County, James C. Ellefson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (11 pages)

            A wife appeals the district court’s dissolution decree, and the husband cross-appeals.  OPINION HOLDS: We modify the dissolution decree to provide the wife with transitional spousal support.  We remand for recalculation of the husband’s child support obligation in light of our spousal support award.  And we affirm the district court’s legal custody and attorney fee determinations. 

Case No. 21-0061:  In re the Marriage of Hein

Filed Jul 20, 2022

View Opinion No. 21-0061

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Schumacher, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            Cathleen Hein appeals from an order modifying her dissolution decree.  She argues the district court should have awarded a larger postsecondary education subsidy for her oldest child and should not have retained jurisdiction to revisit the subsidy for future years.  She also challenges the modification of visitation and child support for her youngest child.  OPINION HOLDS: We do not grant any additional funds for the postsecondary education subsidy because Cathleen failed to provide the cost of attendance for university.  However we do not disturb the award because Ryan Hein did not file a cross-appeal.  We affirm the modification of visitation, but modify the decree to provide the child and Cathleen with two phone calls lasting at least fifteen minutes when the child is in Ryan’s care during the summer.  We also modify the decree so that Ryan receives the extraordinary visitation credit beginning in 2021 instead of 2020 and remand to the district court to recalculate child support accordingly.

Case No. 21-0080:  State of Iowa v. Eliot James Stowe

Filed Jul 20, 2022

View Opinion No. 21-0080

            Appeal from the Iowa District Court for Monona County, Zachary Hindman, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Badding, J., and Vogel, S.J.*  Opinion by Vaitheswaran, P.J. (7 pages)

            Eliot Stowe appeals his first-degree murder conviction, arguing the district court should have found him not guilty by reason of insanity.  OPINION HOLDS: Because it was the district court’s prerogative to weigh and assign appropriate weight to the three expert opinions, we affirm the court’s findings and determinations with respect to those experts, the court’s conclusion on the insanity defense, and Stowe’s judgment and sentence for first-degree murder.

Case No. 21-0276:  In the Interest of D.R., Minor Child

Filed Jul 20, 2022

View Opinion No. 21-0276

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A juvenile appeals the restitution order in a juvenile delinquency proceeding.  OPINION HOLDS: There is substantial evidence to support the juvenile court’s calculation of the restitution award.

Case No. 21-0403:  In re the Marriage of Froiland

Filed Jul 20, 2022

View Opinion No. 21-0403

            Appeal from the Iowa District Court for Hancock County, Gregg R. Rosenbladt, Judge. AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Tabor, P.J.  (9 pages)

            Justin Froiland appeals the district court decree awarding Katie Froiland physical care and on several financial provisions.  OPINION HOLDS: We defer to the district court’s determination that Katie was the more credible party, conclude the court equitably addressed the financial manners, and affirm the decree.  

Case No. 21-0457:  State of Iowa v. Adam Slade Roe

Filed Jul 20, 2022

View Opinion No. 21-0457

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J. (14 pages)

            Adam Roe appeals from his convictions and sentences for criminal mischief and assault.  OPINION HOLDS: Any error in the jury instructions did not result in prejudice, and the evidence is sufficient to support Roe’s convictions for criminal mischief in the second degree and assault, so we affirm his convictions.  However, the record does not contain a required waiver of in-person sentencing.  Therefore, we vacate Roe’s sentences and remand for resentencing, do not address the suspension of fines, and direct the court to not impose certain surcharges on resentencing.

Case No. 21-0515:  Kevin Nevelle Johnson v. State of Iowa

Filed Jul 20, 2022

View Opinion No. 21-0515

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by May, P.J.  (2 pages)

            Kevin Johnson appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We can grant no relief because Johnson failed to preserve error.

Case No. 21-0646:  State of Iowa v. Anthony J. Carty

Filed Jul 20, 2022

View Opinion No. 21-0646

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Anthony Carty appeals his guilty pleas.  OPINION HOLDS: Because the plea form substantially complies with Iowa Rule of Criminal Procedure 2.8(2)(b) and Carty failed to move in arrest of judgment, we are without authority to hear the appeal. 

Case No. 21-0776:  State of Iowa v. David Lee Oltrogge

Filed Jul 20, 2022

View Opinion No. 21-0776

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  WRIT SUSTAINED AND REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            David Lee Oltrogge appeals, asserting the district court abused its discretion in denying his application to modify sexual offender registration requirements.  OPINION HOLDS: Because the district court considered irrelevant and improper factors, we find the court abused its discretion in denying Oltrogge’s application to modify his sex-offender-registry requirements.  Without those irrelevant and improper factors, the factors that are left in the record support modifying those requirements.  We accordingly remand for an order granting Oltrogge’s application. 

Case No. 21-0827:  James E. Harrell v. Denver Findley & Sons, Inc., West Bend Mutual Ins. Co. and Second Injury Fund of Iowa

Filed Jul 20, 2022

View Opinion No. 21-0827

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (7 pages)

            An injured worker appeals a judicial review order on his workers’ compensation petition.  OPINION HOLDS: We reverse the Workers’ Compensation Commissioner’s grant of a credit to the Second Injury Fund.  And we affirm the district court’s remand order.

Case No. 21-0864:  Stanbury v. Sioux City Community School District

Filed Jul 20, 2022

View Opinion No. 21-0864

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (20 pages)

            Dawn Stansbury appeals the grant of summary judgment in her sex-discrimination case—arguing she was constructively discharged on the basis of her sex—in favor of the Sioux City Community School District.  She claims she provided direct evidence. OPINION HOLDS: Stansbury failed to demonstrate she was subjected to intolerable working conditions, so we affirm the district court’s grant of summary judgment on her constructive discharge claim.  Taking the record in the light most favorable to Stansbury, we find she presented only indirect evidence that the District took adverse employment action against her because of her sex.  And, even assuming she established a prima facie case of sex discrimination, she could not show the reasons the District provided for her transfer were pretextual.  We affirm the district court.

Case No. 21-0870:  Glascock v. Covenant Medical Center, Inc.

Filed Jul 20, 2022

View Opinion No. 21-0870

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            A former employee appeals the district court’s award of damages and attorney fees to his former employer for breach of his non-competition agreement.  OPINION HOLDS: We find no error at law in the enforcement of this non-compete clause or affiliate recovery by a party to the employment contract.  We furthermore find substantial evidence supports the district court’s decisions on causation and damage calculation.  No abuse of discretion occurred in the award of trial attorney fees, and we confer an additional award for appellate attorney fees. 

Case No. 21-0915:  C2P Pigs, LLC v. Kingsley Livestock Producers LLC

Filed Jul 20, 2022

View Opinion No. 21-0915

            Appeal from the Iowa District Court for Sioux County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (39 pages)

            As it pertains to the parties and claims left on appeal, C2P Pigs, LLC (C2P) and C2P Pigs/Kingsley LLP (the partnership) brought suit against Agri Control Company, Inc. and Donald Fedie, who is the sole shareholder of Agri Control.  The plaintiffs alleged that Agri Control breached the management services agreement it entered into with the partnership, Agri Control and Fedie made fraudulent misrepresentations to C2P and the partnership, and Agri Control and Fedie breached their fiduciary duties to C2P and the partnership.  The jury found in favor of the plaintiffs on each claim, awarding C2P $300,000 and the partnership $660,000.  On appeal, the defendants argue that either their motion for directed verdict or their motion for new trial should have been granted on two of the underlying claims—they do not contest that Agri Control breached the management services agreement.  They also challenge some jury instructions, the award of damages, and the jury’s decision that Agri Control’s corporate veil should be pierced to make Fedie personally responsible for the breach-of-contract judgment against Agri Control.  OPINION HOLDS: The defendants have not shown the district court committed a reversible error; we affirm the judgment against them.

Case No. 21-0918:  North Star Mutual Insurance Co. v. Schley

Filed Jul 20, 2022

View Opinion No. 21-0918

            Appeal from the Iowa District Court for Sioux County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (8 pages)

            North Star Mutual Insurance Company filed this declaratory judgment action to determine its obligation to defend or indemnify Gary Schley against claims raised in a separate lawsuit filed by his ex-wife, Julie Schley.  After granting Julie’s motion to intervene, the district court decided Gary was not covered by the insurance policy issued to Gary’s parents, Donald and Margery Schley.  OPINION HOLDS: Finding no error in the court’s interpretation of the policy, we affirm.

Case No. 21-0964:  Pettit v. Madison County

Filed Jul 20, 2022

View Opinion No. 21-0964

            Appeal from the Iowa District Court for Madison County, Coleman McAllister, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            A landowner appeals from the denial of his petition for writ of mandamus.  OPINION HOLDS: We find no error of law in the district court’s decision to deny the petition for writ of mandamus, grant summary judgment with respect to the county attorney, or exclude the agency letter from evidence.  Therefore, we affirm the district court’s ruling in each of these respects.

Case No. 21-0973:  Flanagan Corporation v. Lake Cabin Partners, LLC

Filed Jul 20, 2022

View Opinion No. 21-0973

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (13 pages)

            Flanagan Corporation contends the district court wrongly dismissed the corporation from the lawsuit.  Tim Flanagan argues the district court improperly denied his motion for default judgment against Peter Cannon, one of the members of Lake Cabin Partners, LLC (LCP).  Flanagan Corporation and Flanagan appeal the district court’s ruling that LCP and its members did not fraudulently transfer funds from LCP and Cannon did not fraudulently convey his interest.  Lastly, Flanagan alleges the district court wrongly denied his requests for punitive damages and attorney fees.  OPINION HOLDS: We find the court properly dismissed Flanagan Corporation from the proceedings.  We determine the district court did not abuse its discretion in denying Flanagan’s motion for default against Cannon.  On our de novo review, we find Cannon and the Boltons did not fraudulently convey funds from LCP, nor did Cannon fraudulently convey his interest in LCP to the Boltons.  The district court properly denied the request for punitive damages and attorney fees.  Accordingly, we affirm. 

Case No. 21-1014:  William L. Ballou and Linda L. Ballou, Individually and as Trustees of the Ballou Family Revocable Trust u/d/o August 15, 2012, Kathryn Benson, Lorilee Andreini and The Miller Family Partnership v. Lee P. Kurtenbach

Filed Jul 20, 2022

View Opinion No. 21-1014

            Appeal from the Iowa District Court for Cedar County, Thomas G. Reidel and Jeffrey D. Bert, Judges.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (16 pages)

            A farm tenant appeals the grant of summary judgment dismissing his counterclaim against the landowners who rented him farmland.  He also appeals the award of attorney fees to the landowners provided for in their lease agreement, and the landowners request appellate attorney fees.  OPINION HOLDS: We find the district court did not err when it found Kurtenbach failed to show there were genuine issues of material fact on his counterclaim of tortious conduct (which encompassed slander of title, defamation, and interference with existing and prospective contracts) and concluded the landowners were entitled to judgment as a matter of law.  We also affirm the award of trial attorney fees and award appellate attorney fees under the contract.  We remand for a determination of those fees.

Case No. 21-1022:  Anthony Weber and Jerrold Rothous v. Iowa Insurance Division

Filed Jul 20, 2022

View Opinion No. 21-1022

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge. AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            The Iowa Insurance Division (Division) issued a decision finding Anthony Weber and Jerrold Rothouse engaged in the sale of unregistered securities in Iowa.  Weber and Rothouse sought judicial review, arguing a fact dispute remained that precluded the Division from deciding the charge against them on summary judgment.  OPINION HOLDS: On the record before us, we find no genuine issue of material fact that the agreements Weber and Rothouse offered to Iowan investors were securities and they were not registered as required by Iowa law.  Therefore, we affirm the district court’s ruling affirming the Division’s decision.

Case No. 21-1040:  State of Iowa v. Joseph Allen Bloom

Filed Jul 20, 2022

View Opinion No. 21-1040

            Appeal from the Iowa District Court for Wapello County, Gregory G. Milani, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by May, P.J., Chicchelly, J., and Scott, S.J.* Opinion by Chicchelly, J.  (9 pages)

            Joseph Allen Bloom appeals his judgment and sentence in connection with a home invasion that resulted in stolen property and serious physical injuries.  OPINION HOLDS: We reject Bloom’s challenges to the sufficiency of corroborating evidence, non-merger of his assault conviction, and application of the sentencing enhancement.  However, we remand the case for entry of an order merging his conviction for willful injury causing serious injury with first-degree robbery.  We note resentencing is not required because the sentence for his willful injury conviction was ordered to run concurrently with his conviction for first-degree robbery.

Case No. 21-1053:  State of Iowa v. Brent Alan Olmstead

Filed Jul 20, 2022

View Opinion No. 21-1053

            Appeal from the Iowa District Court for Buchanan County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J. (3 pages)

            Brent Olmstead appeals the district court’s decision to sentence him to a term of imprisonment not exceeding five years following his conviction for second-degree theft, arguing the court inappropriately considered his employment and housing circumstances in rejecting the recommendations of the presentence investigation investigator and the prosecutor.  OPINION HOLDS: Olmstead’s sentence is affirmed, as the district court did not abuse its discretion or consider any inappropriate factors in sentencing Olmstead. 

Case No. 21-1129:  William Dorsie Beeman v. State of Iowa

Filed Jul 20, 2022

View Opinion No. 21-1129

            Appeal from the Iowa District Court for Muscatine County, Mark Fowler, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Greer, P.J., Ahlers, J., and Mullins, S.J.*  Opinion by Mullins, S.J.  (11 pages)

            William Beeman appeals the summary disposition of his application for postconviction relief, claiming the district court erred in granting summary disposition on the basis that the application was premature.  OPINION HOLDS: We conclude the State was not entitled to judgment as a matter of law on the basis cited by the district court.  With the exception of Beeman’s claim relating to the State’s alleged destruction of biological evidence, we find the entry of summary disposition was proper as either time-barred by the statute of limitations or already the subject of a final adjudication in another proceeding Beeman has taken to secure relief, as was alternatively argued by the State in the district court.  We reverse the entry of summary disposition on the destruction-of-evidence claim, affirm the entry of summary disposition on all other claims, and remand for further proceedings. 

Case No. 21-1132:  Jonathan Armstrong v. State of Iowa

Filed Jul 20, 2022

View Opinion No. 21-1132

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            Jonathan Armstrong appeals following the summary disposition of his application for postconviction relief.  He argues the court abused its discretion in denying his motion for an investigator at State expense, summary disposition was inappropriate, and postconviction counsel rendered ineffective assistance.  OPINION HOLDS: We affirm the summary disposition of Armstrong’s postconviction relief application. 

Case No. 21-1140:  State of Iowa v. Jay Lee Lane Neubaum

Filed Jul 20, 2022

View Opinion No. 21-1140

            Appeal from the Iowa District Court for Monona County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Carr, S.J.*  Opinion by Greer, P.J. (5 pages)

            Jay Lee Neubaum challenges the dismissal of his combined motions for new trial and in arrest of judgment alleging prosecutorial misconduct during the State’s closing argument.  OPINION HOLDS: Because Neubaum failed to either object to the controverted statements or make a motion for mistrial before the case was submitted to the jury, the district court did not abuse its discretion by denying Neubaum’s combined motions for a new trial and in arrest of judgment.  Without these objections, the district court’s choice not to address the issue sua sponte is not reversible error.  Further, Iowa does not allow for plain error review to bypass this timing problem. 

Case No. 21-1259:  Dittmer v. Dittmer

Filed Jul 20, 2022

View Opinion No. 21-1259

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Appellants argue the district court erred in finding two of their claims are barred by the applicable statute of limitations—and that their remaining two claims are therefore moot—because the discovery rule and doctrine of equitable estoppel apply.  OPINION HOLDS: We affirm the district court’s conclusion that the discovery rule is unavailable to the Appellants.  Summary judgment is not appropriate at this time as genuine issues of material fact exist as to whether equitable estoppel ever applied, when equitable estoppel no longer applied, and whether the time between when the estoppel ended and appellants filed suit was unreasonable.

Case No. 21-1274:  In the Interest of P.L., Minor Child

Filed Jul 20, 2022

View Opinion No. 21-1274

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

            The question presented here is whether a consent decree is an available dispositional option for a child on youthful offender status.  OPINION HOLDS: The juvenile court made no error in determining a consent decree was not an available dispositional order for a child on youthful offender status.  We affirm.

Case No. 21-1303:  State of Iowa v. Timothy Eugene Ovel

Filed Jul 20, 2022

View Opinion No. 21-1303

            Appeal from the Iowa District Court for Butler County, Chris Foy, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (4 pages)

            Timothy Ovel appeals his criminal sentence and argues the sentencing judge should have recused himself.  OPINION HOLDS: The district court did not abuse its discretion on any grounds.  So we affirm.

Case No. 21-1378:  Renae E. Hindman v. Brian E. Hindman and Cody E. Hindman

Filed Jul 20, 2022

View Opinion No. 21-1378

            Appeal from the Iowa District Court for Monroe County, Gregory Milani, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (16 pages)

            Renae Hindman appeals the dismissal of a petition to void the transfer of a farm to her son, Cody Hindman, under Iowa Code chapter 684 (2019) and award her damages for fraudulent misrepresentation and undue influence by Cody and Renae’s ex-husband, Brian Hindman.  OPINION HOLDS: On our review of the record, we find the district court did not err in dismissing the voidable-transfer claim.  While there are some factors in section 684.4(2) that may have supported Renae’s suspicion about the transfer of the farm in conjunction with the divorce proceeding later initiated by Brian, we find that Brian and Cody provided a satisfactory explanation for the circumstances accompanying the transfer: a desire for Brian to get out of farming while continuing the family’s multi-generational farming tradition.  As for the fraudulent misrepresentation and undue influence claims, we agree with the district court that there was no confidential relationship between Brian and Renae.  Because Renae’s arguments on appeal were limited to that issue, we affirm the court’s dismissal of those claims. 

Case No. 21-1393:  State of Iowa v. Jean Lynn Lillie

Filed Jul 20, 2022

View Opinion No. 21-1393

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            Jean Lynn Lillie appeals her conviction for assault with a dangerous weapon, an aggravated misdemeanor, in violation of Iowa Code section 708.2(3) (2020).  She raises eight issues on appeal, arguing the district court erred by: (1) allowing the State to amend the minutes of testimony two days before trial, violating her due process rights; (2) denying her motion to strike one of the jurors for cause, violating her right to a fair trial; (3) denying her motion for mistrial when a witness violated the sequestration order, violating her right to a fair trial; (4) denying her motion for judgment of acquittal because the State presented insufficient evidence to establish a prima facie case; (5) denying her motion for mistrial based on a juror’s inability to understand and speak English, violating her right to a fair trial; (6) denying a motion to dismiss based on the violation of her right to a speedy trial; (7) conducting irregular bond proceedings, violating her rights to due process and to be free from cruel and unusual punishment; and (8) violating her right to counsel by allowing her attorney to withdraw.  OPINION HOLDS: Finding no reversible error, we affirm the conviction.

Case No. 21-1530:  Central Iowa Fencing, LTD. and Grinnell Select Insurance v. Josh Hays

Filed Jul 20, 2022

View Opinion No. 21-1530

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (15 pages)

            Central Iowa Fencing, Ltd. and Grinnell Select Insurance appeal an award of workers’ compensation benefits to Josh Hays.  OPINION HOLDS: We find the commissioner did not abuse his discretion in finding a cumulative injury and substantial evidence supports the cumulative injury finding. We affirm the commissioner’s award of temporary disability benefits and taxation of costs. 

Case No. 21-1533:  In the Matter of the Guardianship of Ronald V. Shada

Filed Jul 20, 2022

View Opinion No. 21-1533

            Appeal from the Iowa District Court for Jones County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Ahlers, JJ.  Chicchelly, J., takes no part.  Opinion by May, P.J.  (3 pages)

An adult appeals the appointment of a guardian.  OPINION HOLDS: Because substantial evidence supports the district court’s finding that a guardianship was justified under Iowa Code section 633.552 (2021), we affirm.

Case No. 21-1698:  State of Iowa v. Kyle Max Ray

Filed Jul 20, 2022

View Opinion No. 21-1698

            Appeal from the Iowa District Court for Linn County, Nicholas L. Scott, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (4 pages)

A defendant appeals his sentence for assault causing bodily injury, alleging an abuse of discretion by the district court.  OPINION HOLDS: Because the district court did not abuse its discretion, we affirm.

Case No. 21-1777:  H.J. Heinz Company and Liberty Mutual Ins. Co. v. Terry Tilton

Filed Jul 20, 2022

View Opinion No. 21-1777

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (7 pages)

            An employer and an insurance carrier appeal a district court ruling on a petition for judicial review of a workers’ compensation commissioner decision.  OPINION HOLDS: We affirm the district court’s decision reversing the deputy commissioner’s remand decision as to the date Terry Tilton knew or should have known her injury would have a permanent adverse effect on her employment and remanding the matter to the workers’ compensation commissioner. 

Case No. 21-1796:  In re Marriage of Lingle

Filed Jul 20, 2022

View Opinion No. 21-1796

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

            Nicholas (Nick) Lingle filed a contempt action against Casey Montgomery, the parent providing physical care to their shared child, after she moved out of state with that child and did not give Nick her new address in violation of the partial stipulation incorporated into their dissolution decree.  The district court declined to hold the mother in contempt for the move and Nick appealed.  OPINION HOLDS: Because Casey is the parent providing physical care and the stipulation did not place limitations on where the child could live, the district court did not abuse its discretion by not holding Casey in contempt for moving. 

Case No. 21-1833:  In the Interest of M.L., Minor Child

Filed Jul 20, 2022

View Opinion No. 21-1833

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm termination under Iowa Code § 232.116(1)(h) (2021).  Termination and adoption will best provide the child with safety and long-term nurturing, and no permissive exception has been proved to countermand our conclusion. 

Case No. 21-1888:  State of Iowa v. Alphonze Theophilus Emanuel

Filed Jul 20, 2022

View Opinion No. 21-1888

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vaitheswaran, P.J. (5 pages)

            Alphonze Emanuel argues the sentencing court’s imposition of two statutory surcharges—a law-enforcement-initiative surcharge and a drug-abuse-resistance-education surcharge—was illegal because the legislature repealed the statutes prior to his resentencing.  OPINION HOLDS: The sentencing court erred in imposing the two surcharges because the original sentence was vacated, meaning at resentencing the court had to begin anew with the statutes that were then in effect.

Case No. 21-1965:  In the Matter of the Estate of James Anthony Goforth, Deceased.

Filed Jul 20, 2022

View Opinion No. 21-1965

            Appeal from the Iowa District Court for Madison County, Elisabeth S. Reynoldson, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (6 pages)

            The administrator of an estate appeals a declaratory judgment ruling.  OPINION HOLDS: Under the Iowa Code (2018), a surviving spouse may not force the other heirs to pay off a mortgage on the homestead property from their inherited share so that the surviving spouse can receive free and clear title to the homestead.

Case No. 21-1968:  Blasdell v. Linnhaven, Inc.

Filed Jul 20, 2022

View Opinion No. 21-1968

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (12 pages)

            Linnhaven, Inc. and its insurer, Accident Fund National Insurance Company/United Heartland, appeal from a district court ruling that reversed the decision of the workers’ compensation commissioner and found Roger Blasdell was not barred from receiving workers’ compensation benefits for the death of his wife, Heather Blasdell.  OPINION HOLDS: We conclude the commissioner’s decision that Roger deserted Heather without the fault of Heather was not supported by substantial evidence within the meaning of Iowa Code section 85.42(1)(a) (2017).  We affirm the decision of the district court.

Case No. 21-2000:  In the Interest of L.S., Minor Child

Filed Jul 20, 2022

View Opinion No. 21-2000

No. 21-2000   IN RE L.S.

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

            A father appeals the termination of his parental rights.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

Case No. 22-0028:  In the Interest of J.S., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0028

            Appeal from the Iowa District Court for Plymouth County, Daniel Vakulskas, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            The district court granted the mother’s petition to terminate the father’s parental rights to J.S., born in 2016, in a private termination action.  The court concluded the grounds for termination were satisfied under Iowa Code section 600A.8(3)(b) (abandonment) and (4) (failure to contribute) (2021).  The father appeals the termination, arguing he did not abandon J.S. and termination of his parental rights is not in J.S.’s best interests.  OPINION HOLDS: The father does not challenge the district court’s determination he failed to contribute to J.S. as ordered, so he has waived any alleged error to that ground and we conclude the mother proved the ground for termination under section 600A.8(4).  Like the district court, we find that termination of the father’s rights is in the child’s best interests.  We affirm.

Case No. 22-0072:  Alyssa Marie Slusser v. Dakota Daniel Stevens

Filed Jul 20, 2022

View Opinion No. 22-0072

            Appeal from the Iowa District Court for Webster County, John R. Flynn, Judge.  AFFIRMED AND REMANDED.  Considered by May, P.J., Chicchelly, J., and Gamble, S.J.*  Opinion by Chicchelly, J.  (8 pages)

            Dakota Stevens appeals the denial of his request to modify physical care of the child he shares with Alyssa Slusser.  OPINION HOLDS: I. Because Dakota failed to show he is the superior parent, we affirm the denial of his request to modify physical care.  II. The district court did not abuse its discretion in awarding Alyssa $3000 in trial attorney fees.  We remand to the district court to determine Alyssa’s appellate attorney fees and enter judgment against Dakota in a reasonable amount.

Case No. 22-0234:  In the Interest of O.P., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0234

            Appeal from the Iowa District Court for Winnebago County, Karen K. Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A father and mother separately appeal the termination of their parental rights to a child born in 2020.  The father challenges the evidence supporting one of the grounds for termination cited by the district court.  The mother argues termination was not in the child’s best interests.  Both parents challenge the district court’s refusal to grant an exception to termination based on the parent-child bond and the district court’s denial of their request for six additional months to facilitate reunification.  OPINION HOLDS: We affirm the termination of the parents’ rights to this child.

Case No. 22-0280:  In the Interest of M.R. and H.A., Minor Children

Filed Jul 20, 2022

View Opinion No. 22-0280

            Appeal from the Iowa District Court for Montgomery County, Jennifer Benson Bahr, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence shows the children cannot be returned to the mother’s care, and termination is in the child’s best interest.

Case No. 22-0497:  In the Interest of E.M. and C.M., Minor Children

Filed Jul 20, 2022

View Opinion No. 22-0497

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

            A father challenges the termination of his parental rights, asserting the grounds for termination have not been established and termination is not in the child’s best interests, the court should apply an exception to termination because the children are in a relative’s custody, and the State did not make reasonable efforts to reunite him with the children.  OPINION HOLDS: We affirm.

Case No. 22-0604:  In the Interest of E.W., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0604

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

            This mother appeals the termination of her parental rights.  OPINION HOLDS: The mother failed to preserve error on her claims and also waived such claims.  Nonetheless, on our de novo review of the record, we affirm the juvenile court’s termination decision.

Case No. 22-0607:  In the Interest of C.S., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0607

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

            The maternal grandfather appeals the juvenile court’s decision denying his petition to remove the Iowa Department of Human Services (DHS) as the legal guardian of C.S. following the termination of the rights of the child’s parents.  OPINION HOLDS: DHS did not act unreasonably or irresponsibly, and the maternal grandfather has not shown DHS failed to act in the child’s best interests by placing the child with the maternal grandmother.  We affirm the decision of the juvenile court.

Case No. 22-0646:  In the Interest of C.N., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0646

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (11 pages)

            A mother appeals the termination of her parental rights. She alleges the Iowa Department of Human Services (DHS) failed to make reasonable efforts to reunite her with her toddler son and that termination is not in the child’s best interests because of a close parent-child bond.  OPINION HOLDS: Because the DHS did make reasonable efforts and termination is in the child’s best interests, the juvenile court properly terminated the mother’s parental rights.

Case No. 22-0650:  In the Interest of L.H., L.H., and D.W., Minor Children

Filed Jul 20, 2022

View Opinion No. 22-0650

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (12 pages)

            A mother and her teenage daughter appeal the termination of the mother’s parental rights.  OPINION HOLDS: Although we consider the child’s preferences, we find the risk posed by the mother’s substance abuse and history of exposing her children to domestic violence is too great to avoid termination.  We affirm. 

Case No. 22-0692:  In the Interest of P.C. and P.C., Minor Children

Filed Jul 20, 2022

View Opinion No. 22-0692

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.

Case No. 22-0739:  In the Interest of A.O.L. and J.O.B., Minor Children

Filed Jul 20, 2022

View Opinion No. 22-0739

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED ON ALL THREE APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (10 pages)

            A mother of two children and their respective fathers each separately appeal the termination of their parental rights.  OPINION HOLDS: Because the children have special needs and the parents have not exhibited the necessary skills or resolve to manage those needs, we find no merit in their challenges and affirm the termination order. 

Case No. 22-0751:  In the Interest of B.M., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0751

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            A father appeals the termination of his parental rights.  He argues there is a lack of clear and convincing evidence to support termination.  He also contends a permissive exception should preclude termination of his rights.  OPINION HOLDS: We find clear and convincing evidence supports termination.  We further conclude the juvenile court properly declined to apply a statutory exception.  We affirm.

Case No. 22-0760:  In the Interest of L.T., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0760

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the decision to terminate the mother’s parental rights is supported by clear and convincing evidence, termination is in the child’s best interests, and none of the exceptions to termination should be applied.  We affirm the decision of the juvenile court.

Case No. 22-0775:  In the Interest of Z.K. and L.K., Minor Children

Filed Jul 20, 2022

View Opinion No. 22-0775

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

            A mother appeals the termination of her parental rights as to these two children.  OPINION HOLDS: The State proved a statutory ground for termination, and the mother’s reasonable efforts argument is not preserved for our review.

Case No. 22-0781:  In the Interest of B.P., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0781

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (13 pages)

            A mother appeals the termination of her parental rights, asserting the child could have been returned to her and, even if a ground for termination is proved, the parent-child bond should preclude termination of her parental rights.  OPINION HOLDS: Finding clear and convincing evidence the child could not safely be returned to the mother’s custody at the time of the termination hearing, termination of parental rights and an opportunity for permanence is in the child’s best interests, and no permissive exception exists to countermand termination, we affirm.

Case No. 22-0787:  In the Interest of G.K., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0787

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.   Opinion by, Vaitheswaran, P.J.  (5 pages)

            A mother and father separately appeal the termination of their parental rights to a child born in 2017.  Both parents (1) challenge the ground for termination cited by the juvenile court; (2) argue termination was not in the child’s best interests; (3) contend the juvenile court should not have terminated their parental rights, given the bond they shared with the child; and (4) assert they should have been afforded additional time to reunify.  OPINION HOLDS: We affirm the termination of parental rights to the child.

Case No. 22-0809:  In the Interest of B.C., Z.B., and P.G., Minor Children

Filed Jul 20, 2022

View Opinion No. 22-0809

            Appeal from the Iowa District Court for Scott County, Cheryl E. Traum, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly.  Opinion by Greer, J.  (5 pages)

            A mother appeals from the termination of her parental rights, arguing she should have been given six additional months to work towards reunification and the State did not prove termination was in the children’s best interests.  OPINION HOLDS: As the mother could not have been reunited with the children after six months, an extension was not appropriate.  Termination is in the best interests of the children. 

Case No. 22-0873:  In the Interest of A.R., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0873

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

            A father appeals the termination of his parental rights.  OPINION HOLDS: The State proved a statutory ground for termination, and termination of the father’s parental rights is in the child’s best interest. 

Case No. 22-0890:  In the Interest of L.B., Minor Child

Filed Jul 20, 2022

View Opinion No. 22-0890

            Appeal from the Iowa District Court for Appanoose County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because termination is in the child’s best interests and none of the circumstances set forth in Iowa Code section 232.116(3) warrants preserving the mother’s parental rights, we affirm.

Case No. 22-0894:  In the Interest of A.S. and A.M., Minor Children

Filed Jul 20, 2022

View Opinion No. 22-0894

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights to her children.  She challenges each of the three steps in the termination framework and maintains she should have been granted more time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

Case No. 21-0696:  LS Power Midcontinent, LLC v. State

Filed Jul 08, 2022

View Opinion No. 21-0696

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (18 pages)

            LS Power Midcontinent, LLC, and Southwest Transmission, LLC, (collectively LSP) together appeal the dismissal of their case for lack of standing and request injunctive relief at this appellate stage.  OPINION HOLDS: As LSP lacks standing—either by way of traditional standing or the public importance exception—to bring this case, we affirm the district court’s dismissal and deny LSP’s request for a temporary injunction.

Case No. 20-0555:  Chico Mario Newman v. State of Iowa

Filed Jun 29, 2022

View Opinion No. 20-0555

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  APPEAL DISMISSED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (5 pages)

            Chico Newman appeals the denial of his petition for postconviction relief.  Because Newman died while this appeal was pending, the State moved to dismiss on mootness grounds.  Rebutting, Newman’s counsel contends collateral financial claims survived Newman’s death.  OPINION HOLDS: Newman’s appeal did not abate upon his death.  But without an estate or personal representative to substitute as party, there is no party to pursue these issues.  Lacking a remaining controversy, all claims are now moot.  And, because the public-interest exception does not apply on these facts, we dismiss.

Case No. 21-0028:  Joel Enrique Herrarte, Jr. v. State of Iowa

Filed Jun 29, 2022

View Opinion No. 21-0028

            Appeal from the Iowa District Court for Wapello County, Lucy J. Gamon, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Herrarte appeals the denial of his postconviction-relief application.  He argues that his criminal trial counsel was ineffective for (1) incorrectly arguing the evidence supported a conviction of kidnapping in the third degree, of which he was convicted, when it was not a lesser included offense of kidnapping in the second degree, the crime charged, and (2) failing to object to the court finding him guilty of third-degree kidnapping.  OPINION HOLDS: We find, applying Iowa Rule of Criminal Procedure 2.22(3), since the kidnapping statute established three degrees of the crime, the trial court properly determined Herrarte guilty of kidnapping in the third degree.  Herrarte’s criminal trial counsel was not ineffective in arguing the court find Herrarte guilty of kidnapping in the third degree as trial strategy, and in not objecting to the court finding him guilty of third-degree kidnapping.  We find counsel did not fail in an essential duty and affirm the denial of postconviction relief.

Case No. 21-0269:  State of Iowa v. Jarrod Michael Jacobsen

Filed Jun 29, 2022

View Opinion No. 21-0269

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Scott, S.J.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Jarrod Jacobsen appeals his conviction for operating a motor vehicle while intoxicated, second offense.  Jacobsen challenges the district court’s denial of his motion to suppress.  OPINION HOLDS: We affirm the district court’s denial of Jacobsen’s suppression motion.

Case No. 21-0496:  State of Iowa v. Shane Timothy Bakke

Filed Jun 29, 2022

View Opinion No. 21-0496

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Shane Bakke challenges the denial of his motion to suppress, arguing the stop of his utility vehicle (UTV) by a conservation officer, which was not supported by reasonable suspicion or probable cause, violated his constitutional rights—notwithstanding Iowa Code section 321I.27 (2020), which gives statutory authority for the stop.  OPINION HOLDS: The conservation officer’s stop of Bakke’s UTV was not supported by probable cause or reasonable suspicion, and the statute giving authority to conduct stops in section 321I.27 cannot transform the stop into a reasonable, constitutional action.  Therefore, the district court should have granted Bakke’s motion to suppress.  We reverse and remand to the district court for further proceedings.

Case No. 21-0550:  The Lamar Company, LLC d/b/a Lamar Outdoor Advertising v. City of Des Moines, Iowa, City of Des Moines, Building and Fire Code Board of Appeals and City of Des Moines Zoning Board of Adjustment

Filed Jun 29, 2022

View Opinion No. 21-0550

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (16 pages)

            Lamar Outdoor Advertising appeals the district court’s denial of its writ of certiorari alleging the City of Des Moines Zoning Board of Adjustment and Building and Fire Code Board of Appeals erroneously denied its application to convert five existing static billboards around the city to digital boards.  On appeal, Lamar alleges the Building Board lacked jurisdiction to deny his appeal under the new zoning ordinance and the city and its boards acted illegally in interpreting the grandfather clause.  OPINION HOLDS: On the first point, the Zoning Board’s independent finding that Lamar’s application was incomplete resolves any jurisdictional question.  On the second point, we agree the Zoning Board acted illegally in denying Lamar’s sign permits based on the language of the grandfather clause.  Thus, we reverse and remand for the district court to enter an order sustaining Lamar’s petition for writ of certiorari.

Case No. 21-0602:  Tony Lee Lopez v. State of Iowa

Filed Jun 29, 2022

View Opinion No. 21-0602

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Opinion by Bower, C.J.  (3 pages)

            Tony Lee Lopez appeals the dismissal of his application for postconviction relief.  OPINION HOLDS:  We affirm.

Case No. 21-0620:  State of Iowa v. Isaiah Steide

Filed Jun 29, 2022

View Opinion No. 21-0620

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. (8 pages)

            Isaiah Steide appeals his convictions for dominion and control of a firearm by a felon and trafficking in a stolen weapon.  OPINION HOLDS: We find sufficient evidence to support Steide’s conviction for dominion and control of a firearm by a felon.  We find the evidence insufficient to prove Steide knowingly acquired a stolen firearm.  Therefore, we affirm Steide’s conviction and sentence for dominion and control of a firearm by a felon, and we vacate his conviction and sentence for trafficking a stolen weapon.  We remand for entry of judgment of acquittal on the trafficking-a-stolen-weapon charge.

Case No. 21-0655:  Shiro Edward Remeliik v. State of Iowa

Filed Jun 29, 2022

View Opinion No. 21-0655

            Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge. AFFIRMED.  Considered by May, P.J., Chicchelly, J., and Gamble, S.J.  Opinion by Chicchelly, J.  (7 pages)

            Shiro Edward Remeliik appeals from the dismissal of his application for postconviction relief (PCR).  He alleges the untimeliness of his application is overcome by a new ground of law and that his PCR counsel provided ineffective assistance.  OPINION HOLDS: Because Remeliik fails to establish an exception to the statutory time bar or ineffective assistance of PCR counsel, the district court properly dismissed his PCR application. 

Case No. 21-0727:  Tracy Even and All Purpose Storage, LLC v. Title Services Corporation

Filed Jun 29, 2022

View Opinion No. 21-0727

            Appeal from the Iowa District Court for Black Hawk County, Linda Fangman, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (10 pages)

            Tracy Even and All Purpose Storage, LLC (APS) appeal a summary judgment ruling in favor of Title Services Corporation (TSC) of their negligent misrepresentation claim relating to TSC’s failure to identify an easement to land purchased by Even.  OPINION HOLDS: TSC owed no duty of care to APS.  Because Even transferred ownership of the land to APS, Even could not claim lost future profits related to a storage business run by APS on the land.  And Even’s claim for lost opportunity could not go forward because he provided no evidence as to how he would have renegotiated the purchase price of the land had the easement been disclosed.

Case No. 21-0758:  Dylan Andrew Karns v. State of Iowa

Filed Jun 29, 2022

View Opinion No. 21-0758

No. 21-0758   KARNS v. STATE

            Appeal from the Iowa District Court for Emmet County, Don E. Courtney, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            Dylan Karns appeals the denial of his application for postconviction relief (PCR).  He claims trial counsel provided ineffective assistance, arguing counsel breached an essential duty by failing to investigate Karns’s mental health and that he was prejudiced because, if counsel had done so, counsel would have learned Karns was not competent to enter the guilty pleas.  On appeal, Karns argues for the first time that his PCR counsel provided ineffective assistance by failing to obtain expert testimony to establish that Karns’s specific mental disorders—combined with the failure to take his medication—affected his competency at the time of the guilty pleas.  OPINION HOLDS: Without a medical expert making the connection for us between Karns’s mental conditions and his competency (or lack thereof), we cannot say trial counsel provided ineffective assistance.  And because the record on appeal is inadequate for us to address Karns’s claim PCR counsel provided ineffective assistance, we do not decide it.  We affirm the denial of Karns’s PCR application.

Case No. 21-0840:  State of Iowa v. Robert Jay Henry, Jr.

Filed Jun 29, 2022

View Opinion No. 21-0840

            Appeal from the Iowa District Court for Jefferson County, Daniel Kitchen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            Robert Henry Jr. appeals the sentences imposed following his convictions for assault and assault on persons engaged in certain occupations.  OPINION HOLDS: Although the reasons for the sentence were brief, we conclude they did not amount to an abuse of discretion.  We affirm.

Case No. 21-0887:  Jeff M. Mueggenberg, Jeanne M. Mueggenberg and Julie R. Martin v. Jim J. Mueggenberg and Janet K. Mueggenberg

Filed Jun 29, 2022

View Opinion No. 21-0887

No. 21-0887   MUEGGENBERG v. MUEGGENBERG

            Appeal from the Iowa District Court for Crawford County, Duane E. Hoffmeyer, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (20 pages)

            Defendants appeal a district court ruling on a petition for partition in kind filed by the plaintiffs.  The defendants argue the court’s division of the property was inequitable, the court erred in taxing the plaintiffs’ attorney fees as costs, and the court erred in its overall assessment of costs.  OPINION HOLDS: We affirm the district court’s division of property and taxation of a reasonable fee in favor of plaintiffs’ attorney as costs.  But because the court taxed all costs against the defendants irrespective of whether all costs were attributable to contests in the proceeding, we vacate the assessment of costs and remand to the court to tax any costs arising from contests to the losing contestant unless otherwise ordered by the court, with any remaining costs taxed proportionately among the parties.

Case No. 21-0893:  Miltner Insurance Services, LLC v. Casey M. Roberts

Filed Jun 29, 2022

View Opinion No. 21-0893

            Appeal from the Iowa District Court for Adams County, Bradley McCall, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (8 pages)

            Miltner Insurance Services, LLC (Miltner) appeals a district court decision denying its breach-of-contract claim against Casey Roberts in relation to a non-piracy agreement.  OPINION HOLDS: We find the district court’s denial of relief under Miltner’s breach-of-contract claim was error.  We reverse and remand the case to the court to determine the damages and other relief to which Miltner is entitled.

Case No. 21-0899:  Liberko v. Rath

Filed Jun 29, 2022

View Opinion No. 21-0899

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Chicchelly, J., takes no part.  Opinion by Blane, S.J.  (4 pages)

            Nathan Rath appeals the default judgment and damages against him arguing plaintiff Nicholas Liberko did not prove his piercing-the-corporate-veil claim against him.  OPINION HOLDS: Rath failed to preserve his issue for appeal.  We affirm.

Case No. 21-0919:  State of Iowa v. Raysean H. Nelson

Filed Jun 29, 2022

View Opinion No. 21-0919

            Appeal from the Iowa District Court for Polk County, Coleman J. McAllister, Judge.  AFFIRMED.  Considered by May, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Raysean Nelson appeals his conviction for criminal gang participation enhanced as a habitual offender.  OPINION HOLDS: He asserts that there was insufficient evidence to show he participated in a street gang or was an active member of one.  We find the evidence was sufficient to support a finding by a jury that Nelson actively participated in a gang.  We affirm.

Case No. 21-0951:  State of Iowa v. Dukan Gatwech Wuol

Filed Jun 29, 2022

View Opinion No. 21-0951

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

            Dukan Wuol appeals the denial of his motion to suppress and the exclusion of evidence at his suppression hearing.  OPINION HOLDS: The district court properly denied Wuol’s motion to suppress as there was reasonable suspicion to stop his vehicle.  The evidence offered at his suppression hearing was properly excluded under Iowa Rule of Evidence 5.608(b).

Case No. 21-0998:  Matthew v. State

Filed Jun 29, 2022

View Opinion No. 21-0998

            Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            In a wrongful death action stemming from a house fire, the administrators of the estate contend summary judgment should not have been granted in favor of the State because the State is not protected by discretionary-function immunity.  OPINION HOLDS: Summary judgment was properly granted as both prongs of the discretionary-function-immunity test are satisfied.

Case No. 21-1008:  State of Iowa v. William Lee Coleman

Filed Jun 29, 2022

View Opinion No. 21-1008

            Appeal from the Iowa District Court for Adams County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            William Coleman appeals his convictions for interference with official acts and assault on a peace officer, contending the district court erred in denying his second suppression motion and in refusing to submit his requested jury instruction on a defense of justification.  OPINION HOLDS: Upon our review, we affirm.

Case No. 21-1124:  Deanna Alissa Fries v. Brooks Salomon Barney

Filed Jun 29, 2022

View Opinion No. 21-1124

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (11 pages)

            A father appeals the grant of a motion to vacate a provision of a custody order granting him the right of first refusal when the custodial parent, the mother, needs childcare.  The father also appeals the district court’s denial of his application to hold the mother in contempt for violating this provision.  OPINION HOLDS: Because substantial evidence supports the factual findings of the district court that the father and his attorney perpetrated extrinsic fraud in the execution of the custody stipulation, we affirm the district court’s vacation of that provision.  We also find no abuse of discretion in the district court’s denial of the contempt application.  The added provision was too vague to enforce as written.  Finally, we find the mother is entitled to an award of attorney fees and remand for a determination of a reasonable amount. 

Case No. 21-1177:  Jesse Lee McElroy v. Misty Jo Sheedy

Filed Jun 29, 2022

View Opinion No. 21-1177

            Appeal from the Iowa District Court for Wapello County, Myron Gookin, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (5 pages)

            A father appeals the jurisdictional dismissal of his modification petition in a child custody action.  OPINION HOLDS: Because the child does not have a significant connection to Iowa and substantial evidence regarding the child’s welfare is likely not available in this state, the district court correctly dismissed the petition for lack of subject matter jurisdiction.

Case No. 21-1300:  State of Iowa v. Deanthony Allen Echols

Filed Jun 29, 2022

View Opinion No. 21-1300

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

            Deanthony Echols appeals his sentence for two counts of domestic abuse assault and harassment in the first degree, alleging the district court abused its sentencing discretion in not granting probation.  OPINION HOLDS: Because the court weighed many factors, including the need to deter future violence against the two victims, we find a proper exercise of discretion and affirm. 

Case No. 21-1390:  Dutton, Daniels, Hines, Kalkhoff, Cook and Swanson, P.L.C. v. Iowa District Court for Black Hawk County

Filed Jun 29, 2022

View Opinion No. 21-1390

            Certiorari to the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  WRIT SUSTAINED AND CASE REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (17 pages)

            A law firm seeks certiorari review of a district court order imposing monetary sanctions.  OPINION HOLDS: We find the district court did not abuse its discretion in concluding a sanction was appropriate.  But we do not agree with all of the grounds on which the district court based its decision to sanction.  So we remand with instructions to reconsider the amount of the sanction.

Case No. 21-1500:  In the Interest of S.L., Minor Child

Filed Jun 29, 2022

View Opinion No. 21-1500

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A mother and a father separately appeal the termination of their parental rights to one child.  OPINION HOLDS: There is no evidence on which to find that the need for removal will no longer exist if the parents are granted additional time.  Termination is in the child’s best interests, and the mother failed to show termination will be detrimental to the child.

Case No. 21-1689:  Thuan Dinh Tran v. State of Iowa

Filed Jun 29, 2022

View Opinion No. 21-1689

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (2 pages)

            Thuan Tran appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: Tran’s application was filed beyond the three-year statute of limitations found in Iowa Code section 822.3 (2021).  And we do not adopt equitable tolling.

Case No. 21-1836:  In the Interest of J.G., Minor Child

Filed Jun 29, 2022

View Opinion No. 21-1836

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Potterfield, S.J.  Opinion by Tabor, J.  (12 pages)

            Manuel, the father of eleven-year-old J.G., appeals the private termination of his parental rights under Iowa Code chapter 600A (2021).  He contends J.G.’s mother, Eliana, denied him visitation with the child.  OPINION HOLDS: We find Manuel abandoned the child under Iowa Code chapter 600A and affirm termination of his parental rights. 

Case No. 21-1923:  State of Iowa v. Justin Paul Parker

Filed Jun 29, 2022

View Opinion No. 21-1923

            Appeal from the Iowa District Court for Adams County, Dustria A. Relph, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J. (5 pages)

            Justin Parker appeals the sentence imposed upon his criminal conviction, arguing the court considered improper sentencing factors.  OPINION HOLDS: We conclude Parker has not established the sentence imposed was based on improper factors or otherwise amounts to an abuse of discretion.  We therefore affirm the sentence imposed.

Case No. 22-0002:  In the Interest of J.W., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0002

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

            A father appeals the termination of his parental rights.  He challenges the statutory grounds authorizing termination and claims termination is not in the child’s best interest.  OPINION HOLDS: The child could not be safely returned to the father’s care, and termination is in the child’s best interest.

Case No. 22-0413:  In the Interest of R.O., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0413

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

            A father appeals the termination of his parental rights to his child under Iowa Code chapter 600A (2021).  OPINION HOLDS: Clear and convincing evidence shows the father, who has neither had contact with the child or the mother nor provided for the child’s support in six years, has abandoned the child.  Because termination is in the child’s best interests, we affirm.

Case No. 22-0514:  In the Interest of J.M. and L.M., Minor Children

Filed Jun 29, 2022

View Opinion No. 22-0514

No. 22-0514   IN RE J.M.

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            A mother appeals the termination of her parental rights to her two children under Iowa Code section 232.116(1)(e) and (l) (2021).  She attacks each of the three steps in the termination framework, argues the court should have exercised the less-restrictive alternative involving placing the children in the father’s custody, and asserts she should have been granted more time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

 

Case No. 22-0579:  In the Interest of C.R., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0579

No. 22-0579   IN RE C.R.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (5 pages)

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

Case No. 22-0589:  In the Interest of K.A., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0589

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to her child, contending the court “should have chosen to place the child in a relative guardianship” in lieu of terminating her parental rights.  OPINION HOLDS: On our de novo review, we affirm the termination of the mother’s parental rights to the child.

Case No. 22-0635:  In the Interest of C.A., and J.A.-K., Minor Children

Filed Jun 29, 2022

View Opinion No. 22-0635

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

            A mother and a father separately appeal the termination of their parental rights to two children, contending (1) termination was not in the children’s best interests; (2) guardianship with the paternal grandparents was the better option; and (3) the district court should not have terminated their parental rights in light of the bond they shared with the children as well as the children’s placement with a relative.  The mother additionally asserts she should have been afforded an additional six months to facilitate reunification.  OPINION HOLDS: We affirm the termination of the parents’ rights to the two children.

Case No. 22-0647:  In the Interest of E.W., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0647

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            A mother and father both appeal the termination of their parental rights to this child.  OPINION HOLDS: The mother failed to preserve error on her claim that the State failed to prove statutory grounds for termination.  Nevertheless, de novo review of the record shows statutory grounds for terminating the mother’s rights.  Also, the State provided reasonable efforts prior to termination.  The State proved a statutory ground for termination of the father’s rights, and the father did not preserve error on his claim that a permissive exception should preclude termination.  We similarly find that the State provided the father with reasonable efforts prior to termination.

Case No. 22-0683:  In the Interest of S.D., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0683

            Appeal from the Iowa District Court for Osceola County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            A father appeals the adjudication of his child as in need of assistance, arguing the juvenile court abused its discretion in allowing a social worker’s testimony about the child’s statements describing the father’s sexual abuse and admitting into evidence a written summary and video recording of a forensic interview.  OPINION HOLDS: We find the State laid sufficient foundation for the challenged exhibits.  We further find the challenged testimony was cumulative of other evidence presented and therefore not prejudicial.  We affirm adjudication.

Case No. 22-0690:  In the Interest of R.H., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0690

No. 22-0690   IN RE R.H.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (10 pages)

A father appeals the termination of his parental rights, claiming there was insufficient evidence to support termination and that termination is not in the child’s best interest.  OPINION HOLDS: We find clear and convincing evidence supports the termination of the father’s parental rights.  We also find termination is in the child’s best interest.  We affirm.  

 

Case No. 22-0727:  In the Interest of H.M., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0727

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (7 pages)

            A mother appeals the termination of her parental rights to her nine-month-old daughter.  She contends the court terminated her rights only because of her mental-health conditions and that termination was not in the child’s best interests.  OPINION HOLDS: We find her contentions lack merit and affirm. 

Case No. 22-0749:  In the Interest of L.F., Minor Child

Filed Jun 29, 2022

View Opinion No. 22-0749

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            The father of a teenaged child appeals the juvenile court’s denial of his request to close the child-in-need-of-assistance case, as recommended by the Iowa Department of Human Services—but opposed by the mother.  The juvenile court considered the motion to close the case at the permanency hearing held in March 2022, but it denied the motion.  The father timely appeals from that order.  OPINION HOLDS: Because we do not find much has changed since our earlier decision and agree with the juvenile court that “sustaining the [permanency] goal and planning for ongoing permanency under the unique circumstances of this case requires the court’s aid,” we affirm the juvenile court’s decision. 

Case No. 22-0761:  In the Interest of P.H. and C.T., Minor Children

Filed Jun 29, 2022

View Opinion No. 22-0761

No. 22-0761   IN RE P.H.

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

            The mother appeals the termination of her parental rights to C.T. and P.H., born in 2020 and 2021 respectively.  The juvenile court terminated the mother’s rights to both children under Iowa Code section 232.116(1)(b) and (h) (2022).  The mother purports to challenge both of the statutory grounds, maintains termination of her rights is not in the children’s best interests, and asks for additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 19-1738:  Archdale Funding, LLC v. Michael Kim

Filed Jun 15, 2022

View Opinion No. 19-1738

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED AND REMANDED.  Considered by May, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (3 pages)

            Michael Kim appeals the district court’s order granting summary judgment in favor of Archdale Funding, LLC.  Kim contends Archdale “lacked standing to bring a foreclosure action.”  OPINION HOLDS: Because Kim did not raise the issue of standing before the district court, we will not address it on appeal.  Accordingly, we affirm, but we remand for the district court to determine the reasonable amount of the appellate attorney fees to be awarded to the appellee.

Case No. 21-0302:  Steven Ray Wycoff v. State of Iowa

Filed Jun 15, 2022

View Opinion No. 21-0302

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher, and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            An applicant appeals the denial of his postconviction-relief (PCR) application.  He contends PCR counsel was ineffective in presenting his claims.  OPINION HOLDS: We find the applicant is unable to demonstrate prejudice and prejudice should not be assumed under a structural error analysis.  Accordingly, we affirm.  

Case No. 21-0353:  In re the Marriage of Kappelman

Filed Jun 15, 2022

View Opinion No. 21-0353

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

            Melissa Kappelman appeals the physical care provision of the decree dissolving her marriage with George Kappelman.  OPINION HOLDS: We affirm.

Case No. 21-0399:  State of Iowa v. Daniel Lee Dierks

Filed Jun 15, 2022

View Opinion No. 21-0399

            Appeal from the Iowa District Court for Tama County, Ian K. Thornhill, Sean W. McPartland, and Kevin McKeever, Judges.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Daniel Dierks appeals his conviction for operating while intoxicated, first offense.  OPINION HOLDS: The deputy had probable cause to believe Dierks committed a traffic violation when Dierks narrowly missed striking the deputy as he passed.  Therefore, we affirm the district court.

Case No. 21-0410:  Austin Mensen v. Cedar Rapids Civil Service Commission

Filed Jun 15, 2022

View Opinion No. 21-0410

Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (14 pages)

Austin Mensen appeals his termination from the Cedar Rapids Police Department, which was upheld by the Cedar Rapids Civil Service Commission (the Commission).  He claims the Commission failed to provide sufficient written findings of fact and conclusions of law supporting its decision.  He also alleges his termination was arbitrary.  OPINION HOLDS: We find that existing law does not require a municipal civil service commission to provide its findings of fact with any level of specificity.  Additionally, Mensen did not preserve his claim that termination was arbitrary, and even if he had, termination was not arbitrary.  We affirm.  

Case No. 21-0414:  State of Iowa v. Gerald Steven Parker

Filed Jun 15, 2022

View Opinion No. 21-0414

            Appeal from the Iowa District Court for Madison County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (12 pages)

            Gerald Parker appeals his conviction for first-degree murder and first-degree robbery.  Parker claims there was insufficient evidence corroborating the testimony of a witness he contends was an accomplice to the crime.  He also argues the district court abused its discretion when the court found the verdict was not contrary to the weight of the evidence.  OPINION HOLDS: We find the witness was not an accomplice and, in any event, there was sufficient evidence to corroborate the witness’s testimony.  We further find no abuse of discretion in the district court’s determination that the weight of the evidence supported the verdict.  Accordingly, we affirm.  

Case No. 21-0416:  Byron Kuehl v. Tegra Corporation and Douglas Palmer and James Palmer, Individually and in their Corporate Capacities

Filed Jun 15, 2022

View Opinion No. 21-0416

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (15 pages)

            Byron Kuehl appeals following an adverse advance ruling on the admissibility of evidence and a ruling granting the defendants’ motion for summary judgment.  OPINION HOLDS: The district court was correct to find certain emails protected by attorney-client privilege.  The district court correctly granted summary judgment.

Case No. 21-0455:  US Bank N.A. v. Bittner

Filed Jun 15, 2022

View Opinion No. 21-0455

            Appeal from the Iowa District Court for Scott County, Thomas Reidel, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  (12 pages)

            A son challenges the district court’s grant of declaratory judgment to U.S. Bank, the trustee of his father’s individual retirement account, finding his father left the asset to his mother.  OPINION HOLDS: Because we find the district court read the clear and unambiguous language of the IRA agreement and beneficiary designation correctly, we affirm.

Case No. 21-0498:  GreenState Credit Union v. Property Holders, Ltd.

Filed Jun 15, 2022

View Opinion No. 21-0498

            Appeal from the Iowa District Court for Linn County, Lars Anderson, Judge.  AFFIRMED AND REMANDED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (11 pages)

            Property Holders, Ltd. and Charles Davisson (together Property Holders) appeal the district court’s grant of summary judgment to GreenState Credit Union on its mortgage foreclosure claims.  OPINION HOLDS: GreenState’s acceptance of a payment after the debt was accelerated is not a waiver of its right to collect the full amount owed.  We determine the district court did not abuse its discretion in ordering Property Holders to pay trial attorney fees.  We remand to the district court for a determination of appellate attorney fees.

Case No. 21-0563:  In the Matter of the Estate of Kevin L. Barz, Deceased.

Filed Jun 15, 2022

View Opinion No. 21-0563

            Appeal from the Iowa District Court for Franklin County, Rustin Davenport, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Creditors appeal the district court’s approval of settlement of wrongful death claims by an estate’s co-executors, contending “the parties disagree about the meaning of Iowa Code section 633.336” (2019).  OPINION HOLDS: Upon our review, we affirm the district court’s order.

Case No. 21-0572:  State of Iowa v. Anthony Gomez

Filed Jun 15, 2022

View Opinion No. 21-0572

            Appeal from the Iowa District Court for Wapello County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Anthony Gomez appeals the imposition of consecutive sentences on his convictions of third-degree sex abuse and willful injury causing bodily injury after a remand for resentencing.  OPINION HOLDS: The district court exercised its discretion properly by weighing the nature of the offenses more heavily than mitigating measures Gomez took afterward.  Because Gomez failed to challenge the adequacy of an addendum to the presentence investigation report, the district court properly considered it.  And there is no need to vacate and remand for resentencing when Gomez provided the district court with the information he complains was missing.

Case No. 21-0625:  State of Iowa v. Jessica Joann Marie Versteegh

Filed Jun 15, 2022

View Opinion No. 21-0625

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

            Jessica Versteegh appeals the denial of her motion to suppress evidence from a stop and frisk.  OPINION HOLDS: Both the stop and frisk of Versteegh were supported by reasonable suspicion.  Therefore, we affirm the denial of Versteegh’s motion to suppress evidence.

Case No. 21-0723:  Jacqueline Sue Uhler v. The Graham Group, Inc.

Filed Jun 15, 2022

View Opinion No. 21-0723

Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. Dissent by Tabor, P.J. (17 pages)

            Jacqueline Uhler appeals from the grant of summary judgment dismissing her personal-injury claim against The Graham Group, Inc. (Graham).  Uhler argues the district court erred in finding she failed to generate a fact question on whether Graham’s use of a chemical in Uhler’s office building resulted in permanent damage to her lungs and other injuries.  OPINION HOLDS: Uhler did not provide expert testimony or other evidence to generate a fact question on whether Graham’s use of the chemical caused her to be exposed to levels of toxins sufficient to cause her injuries.  We affirm the grant of summary judgment in favor of Graham. DISSENT ASSERTS: Allowing all reasonable inferences, the evidence presents a jury question whether Draynamite fumes dispersed within the building, exposing Uhler to the hazardous substance, and whether that exposure led to acute and long-term injuries.  This showing satisfies both the general- and specific-causation framework recognized in Ranes as well as Bloomquist’s traditional cause-and-effect test.

Case No. 21-0756:  State of Iowa v. Gowun Park

Filed Jun 15, 2022

View Opinion No. 21-0756

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (23 pages)

            The State appeals the suppression of all statements defendant, Gowun Park, made to officers at her condominium and in subsequent police interviews.  The State argues (1) Park was not in custody while at her condominium; (2) Park validly waived her Miranda rights during the first station interview; (3) detectives did not make improper promises of leniency during the first interview; and (4) even if improper promises of leniency were made, they did not taint Park’s statements in her second, third, and fourth interviews.  OPINION HOLDS:  (1) Park was not in custody at her condominium so her statements should not have been suppressed, (2) Park did not voluntarily waive her Miranda rights during her first interview, (3) detectives made improper promises of leniency to Park during the first interview, and (4) the taint from the first interview carried over to the remaining three interviews.   

Case No. 21-0770:  Tommy Gines, Jr. v. State of Iowa

Filed Jun 15, 2022

View Opinion No. 21-0770

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Tommy Gines, Jr. appeals the dismissal of his third application for postconviction relief.  OPINION HOLDS: In light of our conclusion that Gines’ third postconviction-relief application was untimely, we decline to reach the merits of his application. 

Case No. 21-0878:  Ryan Lamar Beard, Jr. v. State of Iowa

Filed Jun 15, 2022

View Opinion No. 21-0878

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. Special Concurrence by Tabor, P.J. (7 pages)

            Ryan Beard appeals from the denial of his postconviction relief (PCR) application, claiming his counsel was ineffective.  OPINION HOLDS: Giving weight to the PCR court’s credibility findings and finding no breach of an essential duty, we affirm the denial of Beard’s PCR application. SPECIAL CONCURRENCE ASSERTS: Like the majority, I would affirm the denial of postconviction relief, but I would do so on the prejudice prong of Strickland v. Washington, 466 U.S. 668, 686 (1984).  Unlike the majority, I do not believe that trial counsel pursued a reasonable strategy.  But Beard cannot show that but for his counsel’s omission, there was a reasonable probability that he would have received a more lenient sentence.   

Case No. 21-0978:  In re the Marriage of Nieman

Filed Jun 15, 2022

View Opinion No. 21-0978

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART AND REVERSED AND REMANDED IN PART.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (14 pages)

            James Nieman appeals the child support provisions, and Courtney Niemen cross-appeals the child support and economic provisions, of the decree dissolving their marriage.  OPINION HOLDS: We affirm the dissolution of the marriage and the distribution of marital property.  However, the district court’s findings concerning James’s income are not supported in this record.  Therefore, we reverse and remand for further findings and recalculation of James’s child support obligation.

Case No. 21-1075:  State of Iowa v. Billy Dean Devilbiss

Filed Jun 15, 2022

View Opinion No. 21-1075

            Appeal from the Iowa District Court for Guthrie County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (5 pages)

            Billy Dean Devilbiss appeals his sentence for driving while barred as a habitual offender.  He contends the district court abused its discretion by imposing an indeterminate two-year period of incarceration.  OPINION HOLDS: We find the district court did not abuse its discretion.  We affirm the sentence imposed by the district court.

Case No. 21-1077:  Elizabeth Ashleigh Cozad-Calhoun v. Ryan Paul Maher

Filed Jun 15, 2022

View Opinion No. 21-1077

            Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Ryan Maher appeals the issuance of a domestic abuse protective order against him.  OPINION HOLDS: Because there was no independent basis to support the new protective order, the district court’s issuance of the protective order is reversed and the matter is remanded for dismissal.

Case No. 21-1117:  Michael McKee and Diane McKee v. City of Council Bluffs, Iowa

Filed Jun 15, 2022

View Opinion No. 21-1117

            Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (13 pages)

            Michael and Diane McKee appeal the entry of summary judgment on their claims against the City of Council Bluffs for relief relating to cleaning and maintenance of a drainage ditch, private nuisance, and pure nuisance.  OPINION HOLDS: We find summary judgment was inappropriate on the bases cited by the district court.  We reverse and remand for further proceedings. 

Case No. 21-1209:  State of Iowa v. Gary L. Bundy, Jr.

Filed Jun 15, 2022

View Opinion No. 21-1209

            Appeal from the Iowa District Court for Guthrie County, Kimberly Smith, District Associate Judge.  APPEAL DISMISSED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Gary Bundy appeals the sentence imposed following his guilty plea for stalking, in violation of Iowa Code sections 708.11(2) and 708.11(3)(b)(1) (2021).  OPINION HOLDS: Bundy argues the court erred in sentencing him because there was no factual basis for the statutory provisions under which he pled guilty.  Because this challenge does not present good cause for appeal, we dismiss this appeal.

Case No. 21-1268:  In the Interest of N.C., Minor Child

Filed Jun 15, 2022

View Opinion No. 21-1268

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (14 pages)

            A child’s legal guardian appeals the juvenile court order denying her petition to terminate the parental rights of the father, D.C.  OPINION HOLDS: We find the father has abandoned the child within the meaning of the statute and termination of his parental rights is in the best interests of the child.  We reverse the juvenile court order and remand with instructions to enter an order terminating the parental rights of both parents.

Case No. 21-1269:  Linda Wolfe, Individually and as Administrator for the Estate of John B. Wolfe, deceased, James Wolfe, and Joseph Wolfe v. Shenandoah Medical Center, Connie M. Spencer, and Akkad Haysam

Filed Jun 15, 2022

View Opinion No. 21-1269

            Appeal from the Iowa District Court for Page County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            Plaintiffs appeal, contending the district court “abused its discretion in denying plaintiffs’ motion for leave to amend their petition.”  OPINION HOLDS:  We find no abuse of the court’s discretion in denying Plaintiffs’ belated motion for leave to amend.  We therefore affirm. 

Case No. 21-1304:  State of Iowa v. Joseph Irvin Newsom

Filed Jun 15, 2022

View Opinion No. 21-1304

            Appeal from the Iowa District Court for Clinton County, Tamra Roberts, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (4 pages)

            Joseph Newsom appeals his sentence following a guilty plea.  He argues the sentencing court abused its discretion and failed to adequately explain its sentence.  OPINION HOLDS: As the sentencing court relied on permissible factors and gave ample explanation of its decision, we affirm Newsom’s sentence.

Case No. 21-1367:  Daniel Reeves and Joy Reeves v. Nilson Medeiros and Crystal Savage

Filed Jun 15, 2022

View Opinion No. 21-1367

            Appeal from the Iowa District Court for Story County, Jennifer Miller, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (11 pages)

            Tenants, who vacated the property before their lease term ended, appeal from the denial of their motions for a judgment notwithstanding the verdict and a new trial following a suit by the owners to collect lost rent.  They argue the owners did not mitigate their damages in failing to adequately seek a new tenant and that the jury’s award of damages was based on passion and prejudice rather than the record.  OPINION HOLDS: The owners provided sufficient evidence to show they mitigated their damages and the jury’s award of damages has evidentiary support in the record, so we affirm the district court. 

Case No. 21-1457:  State of Iowa v. Heather Renee Reed

Filed Jun 15, 2022

View Opinion No. 21-1457

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

Heather Reed appeals a sentence imposed by the district court after entering a guilty plea for child endangerment resulting in bodily injury.  Reed asserts that the district court relied on impermissible factors at sentencing and that the sentence imposed by the district court was an abuse of discretion.  OPINION HOLDS: The district court did not rely on impermissible sentencing factors and did not abuse its discretion.  We affirm the sentence.

Case No. 21-1464:  J.F. on behalf of B.A.F. v. K.M.

Filed Jun 15, 2022

View Opinion No. 21-1464

            Appeal from the Iowa District Court for Hardin County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            K.M. appeals the imposition of a protective order for relief from sexual abuse entered under Iowa Code chapter 236A (2021).  OPINION HOLDS: Because substantial evidence supports the court’s finding that K.M. committed a sexual act against B.F.’s will, we affirm.

Case No. 21-1655:  In the Interest of S.M., Minor Child

Filed Jun 15, 2022

View Opinion No. 21-1655

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            In this consolidated appeal, a biological father appeals the termination of his parental rights and dismissal of his petition to overcome the paternity of an established father.  OPINION HOLDS: On our review of the record, we find the established father proved by clear and convincing evidence that the biological father abandoned the child pursuant to Iowa Code section 600A.8(3)(b) and that it is in her best interests to terminate his parental rights.  We further find that the biological father’s petition to overcome paternity should be dismissed pursuant to section 600B.41A(6)(a). 

Case No. 21-1663:  In re the Marriage of Mattix

Filed Jun 15, 2022

View Opinion No. 21-1663

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  REVERSED IN PART ON APPEAL; REVERSED IN PART AND MODIFIED IN PART ON CROSS-APPEAL.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (14 pages)

            Garry Mattix appeals and Amy Mattix cross-appeals the district court’s modification of the physical-care and child-support provisions of the dissolution decree.  OPINION HOLDS: We reverse the modification of physical care because Garry failed to prove the requisite change of circumstances and ability to provide superior parenting.  We modify the increased child-support obligation in light of the physical-care ruling, and we reverse the ruling requiring Garry to pay extracurricular activity expenses.  We find no abuse of discretion in the denial of retroactive child support modification.  We affirm the court’s order that Garry pay Amy’s trial attorney fees, and we order Garry to pay $7000 toward Amy’s appellate attorney fees.

Case No. 21-1740:  Warren Havill v. Quaker Oats Company and Indemnity Insurance Company of North America

Filed Jun 15, 2022

View Opinion No. 21-1740

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

            Warren Havill appeals the district court’s affirmance of the workers’ compensation commissioner’s finding that Havill’s workers’ compensation claim was barred on statute-of-limitation grounds.  OPINION HOLDS: The agency’s findings are supported by substantial evidence, its applicable of law to fact was not “irrational, illogical, or wholly unjustifiable,” and it did not otherwise misinterpret the law.

Case No. 21-1744:  In the Interest of R.G., Minor Child

Filed Jun 15, 2022

View Opinion No. 21-1744

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (10 pages)

            Thomas appeals the private termination of his parental rights, contending he did not abandon his child and that termination was not in the child’s best interests.  OPINION HOLDS: The child’s mother, Lindsay, failed to provide clear and convincing evidence of abandonment.  Having failed to meet her burden, we do not consider Thomas’s best-interests argument.  We reverse and remand.

Case No. 22-0362:  In the Interest of A.B., Minor Child

Filed Jun 15, 2022

View Opinion No. 22-0362

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The State seeks reversal of the juvenile court’s finding that the State failed to make reasonable efforts in finding a suitable placement for the child.  OPINION HOLDS: There being no remaining justiciable controversy, the appeal must be dismissed as moot.

Case No. 22-0444:  In the Interest of E.D., Minor Child

Filed Jun 15, 2022

View Opinion No. 22-0444

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  REVERSED AND REMANDED.  Considered by May, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            A mother appeals a review order in a child-in-need-of-assistance proceeding, challenging the removal of her child and the denial of her request to change venue.  OPINION HOLDS: Upon our review, we reverse the decision of the juvenile court finding Floyd County was a proper venue for this case and conclude the best interests of the child require that we remand to the juvenile court to order transfer of the case to the county of the child’s and parents’ residence.

Case No. 22-0448:  In the Interest of K.S., Minor Child

Filed Jun 15, 2022

View Opinion No. 22-0448

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

            A father appeals the termination of his parental rights.  OPINION HOLDS: The child could not be safely returned to the father’s care.  Termination is in the child’s best interest.  We decline to apply a permissive exception to termination or to grant the father additional time to work toward reunification.

Case No. 22-0535:  In the Interest of E.M., Minor Child

Filed Jun 15, 2022

View Opinion No. 22-0535

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            The mother and father of E.M., born in 2016, separately appeal the termination of their parental rights.  The mother argues she was denied due process, the State failed to make reasonable efforts to reunify her with E.M., and termination is not in the child’s best interests.  The father argues the juvenile court should have applied a permissive exception to save his parent-child relationship with E.M., claiming his bond with the child is so strong that termination of his rights will be to the child’s detriment.  OPINION HOLDS: The mother does not contest termination under Iowa Code section 232.116(1)(b) (2021), and her reasonable-efforts challenge does not implicate this statutory ground.  She did not preserve a due process challenge, and termination of her rights is in E.M.’s best interests.  The father did not meet his burden to establish a permissive exception is warranted here.  Therefore, we affirm the termination of each parent’s rights.

Case No. 22-0546:  In the Interest of A.G. and A.T., Minor Children

Filed Jun 15, 2022

View Opinion No. 22-0546

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (14 pages)

A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: We determine sufficient evidence exists to support the statutory ground for termination relied on by the juvenile court, termination is in the best interest of the children, and a permissive exception should not be applied to preclude termination.  We further conclude that the Iowa Department of Human Services made reasonable efforts to reunite the family.  Finally, an extension of time for reunification efforts is not warranted.  Accordingly, we affirm the juvenile court. 

Case No. 22-0547:  In the Interest of R.K. and F.K., Minor Children

Filed Jun 15, 2022

View Opinion No. 22-0547

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Error was not preserved on the mother’s argument that the State failed to prove the statutory grounds for termination.  The juvenile court properly denied the mother’s request for additional time to work towards reunification.

Case No. 22-0606:  In the Interest of K.T., Minor Child

Filed Jun 15, 2022

View Opinion No. 22-0606

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because we agree that termination is in the child’s best interests and there is no reason to delay permanency, we affirm.

Case No. 22-0628:  In the Interest of S.A., Minor Child

Filed Jun 15, 2022

View Opinion No. 22-0628

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Opinion by Bower, C.J.  (5 pages)

            A mother appeals the termination of her parental rights   OPINION HOLDS: Because a ground for termination of parental rights exists and termination is in the child’s best interests, we affirm.

Case No. 22-0645:  In the Interest of A.H., N.H., and B.H., Minor Children

Filed Jun 15, 2022

View Opinion No. 22-0645

            Appeal from the Iowa District Court for O'Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights.  They both challenge the statutory grounds and ask us to apply a permissive exception to preclude termination, the mother challenges whether termination is in the best interests of the children, and the father asks we provide an additional six months to work toward reunification.  OPINION HOLDS: The grounds for termination were satisfied, termination is in the best interests of the children, we decline to apply any permissive exception to termination, and we do not grant the father additional time to work toward reunification. 

Case No. 22-0651:  In the Interest of M.G., J.G., and L.G., Minor Children

Filed Jun 15, 2022

View Opinion No. 22-0651

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to three children.  The mother argues she should have been granted an additional six months toward reunification and that the strength of the bond between her and the children outweighed the need for termination.  The father also argues he should have been granted a six-month extension before termination and that termination was not in the children’s best interests.  OPINION HOLDS: Termination is in the children’s best interests.  The barriers to termination would not be overcome after an additional six months.  And the strength of the bond between the mother and the children does not overcome the need for termination,

Case No. 22-0693:  In the Interest of A.M., Minor Child

Filed Jun 15, 2022

View Opinion No. 22-0693

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the termination of his parental rights to one child.  OPINION HOLDS: Having reviewed the father’s reasonable efforts, best interests, and exception arguments, we find each without merit and affirm termination of his parental rights.

Case No. 20-1549:  State of Iowa v. Santos Rene Torres

Filed May 25, 2022

View Opinion No. 20-1549

            Appeal from the Iowa District Court for Warren County, Brendan Greiner and Kevin Parker, District Associate Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  Partial Dissent by Vaitheswaran, P.J.  (21 pages)

            Santos Rene Torres appeals his conviction for operating a motor vehicle while intoxicated, second offense.  He contends the district court should have granted his suppression motion, arguing an illegal seizure and a Miranda violation.  Alternatively, he contends there was insufficient evidence of intoxication to support his conviction.  OPINION HOLDS: Police were lawfully in the Torres home conducting a child-endangerment investigation.  During that investigation, officers acquired reasonable suspicion that Torres had been driving while intoxicated.  Torres was not subject to custodial interrogation.  So the district court correctly denied the suppression motion.  Finally, the State’s evidence supported the district court’s determination of guilt.  PARTIAL DISSENT ASSERTS: I agree there was substantial evidence to support the district court’s determination that Torres operated a motor vehicle while intoxicated.  But I would reverse the suppression ruling.

Case No. 20-1565:  William Joseph Renken v. State of Iowa

Filed May 25, 2022

View Opinion No. 20-1565

            Certiorari to the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  WRIT SUSTAINED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            William Renken appeals the district court’s denial of his motion for a jail credit under Iowa Code section 903A.5 (2019), contending the district court erred in “failing to order credit for time served in another county.”  OPINION HOLDS: We sustain the writ and remand for entry of an order confirming Renken’s completion of his Poweshiek County sentence. 

Case No. 20-1574:  State of Iowa v. Justin Wayne Steil

Filed May 25, 2022

View Opinion No. 20-1574

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner and Thomas P. Murphy, Judges.  AFFIRMED.  Considered by May, P.J., Badding, J., and Carr, S.J.  Opinion by Badding, J. (6 pages)

            Justin Steil appeals several criminal convictions, following guilty pleas, and the imposition of consecutive sentences upon two of his convictions.  OPINION HOLDS: Steil agrees supreme court precedent defeats his ability to challenge the effectiveness of his counsel, and we conclude the court provided sufficient reasons for its decision to impose consecutive sentences.

Case No. 20-1631:  Willie James Jeffries v. State of Iowa

Filed May 25, 2022

View Opinion No. 20-1631

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (7 pages)

            Willie Jeffries appeals the denial of his seventh petition for postconviction relief.  OPINION HOLDS: Jeffries missed the appeal deadline and does not provide a sound explanation for his extreme delay.  We dismiss for want of jurisdiction.

Case No. 21-0184:  Bernnadette Cecena v. Michael R. Billick

Filed May 25, 2022

View Opinion No. 21-0184

            Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (5 pages)

            Michael Billick appeals the denial of his Iowa Rule of Civil Procedure 1.1012 petition as untimely.  OPINION HOLDS: Billick failed to preserve error on his claim that an Iowa Code section 236.5(2) (2019) petition amounted to an Iowa Rule of Civil Procedure 1.904 motion and, therefore, the one-year period for filing his rule 1.1012 petition did not start until the section 236.5 petition was denied.  Billick also failed to preserve error on his claim that his rule 1.1012 petition was timely due to a tolling provision in an Iowa Supreme Court supervisory order.  Without consideration of these arguments, we cannot conclude Billick’s rule 1.1012 petition was timely.

Case No. 21-0303:  Jena Reyes and Ricardo Reyes v. Adam Smith, M.D., Adam Smith, M.D., P.C., Tri-State Specialists, L.L.P., Pierce Street Same Day Surgery, L.C., UnityPoint Health and Northwest Iowa Hospital Corporation, d/b/a St. Luke's Regional Medical Center of Sioux City

Filed May 25, 2022

View Opinion No. 21-0303

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., May, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (8 pages)

            Jena and Ricardo Reyes (Reyes) appeal the denial of their motion for additional time to designate an expert witness and the grant of summary judgment in favor of the defendants on their medical-malpractice claim.  OPINION HOLDS: Reyes did not show substantial compliance with the expert-designation deadline or good cause for missing the deadline.  Thus, the district court did not abuse its discretion in denying Reyes’s motion for additional time to designate an expert witness.  Because Reyes lacked an expert witness, the court did not err in granting summary judgment in favor of the defendants.

Case No. 21-0339:  ConAgra Foods, Inc. and Old Republic Ins. Co. v. Leslie Moore

Filed May 25, 2022

View Opinion No. 21-0339

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

            ConAgra Foods, Inc. appeals two findings by the Iowa Workers’ Compensation Commission: (1) that Leslie Moore sustained a permanent impairment to his hip and lower back resulting from an injury on the job and (2) that the work-related injury led to a forty-percent industrial disability.  OPINION HOLDS: Considering the commissioner’s credibility determinations and applying the deferential standards of review, we affirm both findings.

Case No. 21-0708:  State of Iowa v. Gary Lynn Dains, Jr.

Filed May 25, 2022

View Opinion No. 21-0708

            Appeal from the Iowa District Court for Woodbury County, Tod J. Deck, Judge.  ONGOING-CRIMINAL-CONDUCT CONVICTION AND SENTENCE VACATED, REMAINING SENTENCES AFFIRMED, AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. (10 pages)

            Gary Dains contends on appeal that the district court erred in denying his motion for judgment of acquittal as to his ongoing-criminal-conduct charge and that the district court abused its discretion in deciding his sentence.  OPINION HOLDS: Because there is insufficient evidence to convict Dains of the ongoing-criminal-conduct charge, we vacate that conviction and sentence and remand for dismissal.  The court did not abuse its discretion in sentencing Dains on his remaining convictions.

Case No. 21-0726:  In re the Marriage of Stepaniak

Filed May 25, 2022

View Opinion No. 21-0726

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (11 pages)

            A former wife appeals the declaratory judgment adopting the former husband’s interpretation of his spousal support obligation following an unexpected disbursement of pension proceeds as a lump sum rather than the anticipated annuity.  The district court credited the husband with the lump sum against his spousal support, suspending that obligation for a period of approximately three years.  OPINION HOLDS: Because we strive to give effect to the decree, we agree with the district court’s sentiment that given the payout under the pension’s terms, we can’t “put the genie back in the bottle.”  By our reading, the decree and our earlier decision intended for proceeds from the pension to offset Kurt’s support obligation.  And the district court’s ruling honors that intent.

Case No. 21-0755:  Roberto Villasenor v. State of Iowa

Filed May 25, 2022

View Opinion No. 21-0755

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

            Roberto Villasenor appeals the summary dismissal of his application for postconviction relief, arguing the court erred in rejecting his claims of newly-discovered evidence and equitable tolling.  OPINION HOLDS: Villasenor has failed to rebut the State’s showing it was entitled to judgment as a matter of law.  We affirm.

Case No. 21-0817:  Michael Alexander Lajeunesse v. State of Iowa

Filed May 25, 2022

View Opinion No. 21-0817

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (10 pages)

            Michael Lajeunesse appeals the dismissal of his second application for postconviction relief (PCR).  He argues the court erred in finding his claims of ineffective assistance of criminal trial counsel were procedurally barred by Iowa Code section 822.8 (2019).  OPINION HOLDS: We conclude the claims Lajeunesse pinpoints in this appeal were procedurally barred.  We affirm the dismissal of Lajeunesse’s second PCR application.     

Case No. 21-1163:  Clay Thomas Paulson v. State of Iowa

Filed May 25, 2022

View Opinion No. 21-1163

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Clay Paulson appeals the denial of his application for postconviction relief, claiming his trial attorney was ineffective (1) in failing to “properly object to hearsay regarding” text messages and properly preserve the issue for appellate review and (2) in failing to “file a motion to suppress” under State v. Ingram, 914 N.W.2d 794 (Iowa 2018).  OPINION HOLDS: We affirm the postconviction court’s denial of Poulson’s postconviction-relief application.

Case No. 21-1447:  Alex Lee Noecker v. McKayla Mayshell Cloyd-Hirz

Filed May 25, 2022

View Opinion No. 21-1447

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen Kilnoski, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND MODIFIED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (11 pages)

            Alex Noecker appeals a modification order granting sole legal custody to his child’s mother.  He also contests an award of attorney fees in favor of the mother.  OPINION HOLDS: Modification was in the child’s best interests.  But we reverse the provision delegating discretion over visitation to the child’s mother and modify to deny visitation to Alex. The attorney fee award was within the district court’s discretion.  But because the mother did not file a brief, we deny her request for attorney fees on appeal. 

Case No. 21-1542:  Timothy Lee Hall v. State of Iowa

Filed May 25, 2022

View Opinion No. 21-1542

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

            Timothy Hall appeals the dismissal of his petition for declaratory judgment, in which he sought to clarify the nature of a prior conviction and establish that he is not barred from possessing a firearm or ammunition.  He contends the district court violated his right to due process by treating the State’s untimely motion to dismiss as a motion for judgment on the pleadings without notice and dismissing his petition.  OPINION HOLDS: It is undisputed in this litigation that Hall admitted in his domestic abuse assault causing bodily injury guilty plea that he pushed his wife—clearly an act of physical force.  As such, he pled guilty to an offense with an element of physical force.  Therefore, Hall’s plea, regardless of his intent, falls under Iowa Code section 708.1(2)(a) (2021), not (b).  Having plead to and been convicted of a misdemeanor crime of domestic violence under section 708.1(2)(a), Hall is not entitled to the declaratory relief he seeks.  The district court committed no error in dismissing Hall’s petition.

Case No. 21-2004:  In the Interest of G.W., A.W., and C.W., Minor Children

Filed May 25, 2022

View Opinion No. 21-2004

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A father appeals an order terminating his parental rights to three children under Iowa Code section 600A.8 (2021).  OPINION HOLDS: Because we find the petitioners proved the father statutorily abandoned his children by clear and convincing evidence, we affirm termination of his parental rights.

Case No. 22-0279:  In the Interest of M.S. and A.S., Minor Children

Filed May 25, 2022

View Opinion No. 22-0279

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (6 pages)

            Jordan and Brian separately appeal the termination of their parental rights to their two daughters.  OPINION HOLDS: The State offered clear and convincing evidence that the children could not be safely returned to either parent’s care.  And Jordan’s engagement with treatment came too late to support delaying permanency.  We affirm on both appeals.

Case No. 22-0410:  In the Interest of A.J., Minor Child

Filed May 25, 2022

View Opinion No. 22-0410

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: We find the State engaged in reasonable efforts to reunite the mother with the child, termination is supported by clear and convincing evidence, and termination is in the best interests of the child.  We affirm the decision of the juvenile court.

Case No. 22-0439:  In the Interest of G.B., Minor Child

Filed May 25, 2022

View Opinion No. 22-0439

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  REVERSED AND REMANDED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  Dissent by May, P.J.  (14 pages)

            The mother and father separately appeal the termination of their parental rights to their child, G.B., born in 2015.  The mother challenges the statutory ground, claims the loss of her rights is not in the child’s best interests, and maintains the parent-child bond is so strong that termination will harm G.B.  Alternatively, she asks for six more months to reunify with G.B.  As it pertains to his parental rights, the father seems to focus on a best-interests argument and a request for more time.  OPINION HOLDS: We reverse the termination of the mother’s and the father’s parental rights; we grant each parent a six-month extension.  DISSENT ASSERTS: I would not grant either parent additional time to work toward reunification.  Because I think a statutory ground authorizing termination as to both parent is met and termination of both parents’ respective rights is in the child’s best interest, I would affirm the termination of both parents’ rights.

Case No. 22-0442:  In the Interest of A.L., Minor Child

Filed May 25, 2022

View Opinion No. 22-0442

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State proved the grounds for termination and a permissive exception does not preclude termination.  There is no evidence that the mother would be able to resume custody following an additional six months to work towards reunification.  A guardianship is not preferable to termination here.

Case No. 22-0560:  In the Interest of V.B., Minor Child

Filed May 25, 2022

View Opinion No. 22-0560

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            A mother appeals the termination of her parental rights to one child, V.B.  OPINION HOLDS: We find an extension of time is not warranted, the mother’s due process challenge was waived, termination is in the child’s best interests, and an exception should not be applied.  Therefore, we affirm termination of the mother’s parental rights to V.B.

Case No. 22-0575:  In the Interest of W.T., K.T., and T.T., Minor Children

Filed May 25, 2022

View Opinion No. 22-0575

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor, and Badding, JJ.  Opinion by Tabor, J.  (7 pages)

            Shane appeals the adjudication and continued removal of his three children, contending the State failed to prove they were in imminent danger in his care.  OPINION HOLDS: Because the record contains clear and convincing evidence that Shane’s inability to regulate his emotions and his assaultive conduct endangered his son, adjudication and continued removal is necessary for the safety of all three children, we affirm.

Case No. 22-0578:  In the Interest of B.B., M.B., and A.K., Minor Children

Filed May 25, 2022

View Opinion No. 22-0578

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Schumacher, and Ahlers, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm.

Case No. 20-1462:  State of Iowa v. Dominick Marcott

Filed May 11, 2022

View Opinion No. 20-1462

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Schumacher, P.J.  (12 pages)

            In an interlocutory appeal, Dominick Marcott claims the district court should have granted his motion to suppress.  OPINION HOLDS: An officer searched the glove compartment and center console of Marcott’s vehicle, looking for evidence of Marcott’s identity, proof of insurance, and vehicle registration after Marcott refused the officer’s requests.  The State claims the search was valid under the automobile exception to the warrant requirement.  The officer did not have probable cause to believe evidence of a crime was in the vehicle, and there was no exigency requiring a search at that time.  We reverse the district court’s decision denying the motion to suppress and remand for further proceedings.

Case No. 20-1663:  Lincoln Savings Bank v. Debra Emmert

Filed May 11, 2022

View Opinion No. 20-1663

            Appeal from the Iowa District Court for Black Hawk County, Linda Fangman and David Odekirk, Judges.  AFFIRMED IN PART AND VACATED IN PART.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (21 pages)

            Lincoln Savings Bank (the Bank) initiated foreclosure proceedings against Debra Emmert in July 2019.  Debra failed to respond, and the Bank twice asked for entry of default, which the court granted both times.  Eventually, the district court entered judgment against Debra for more than $5,000,000 and foreclosed on a property in Cedar Falls and a property in Coralville.  Debra appealed.  She then filed a motion to set aside the default and, when she did not get the ruling she wanted, a motion to enlarge and reconsider.  The district court again ruled against Debra, and she filed a second appeal.  At the parties’ joint request, Debra’s two appeals were consolidated.  OPINION HOLDS: Because Debra’s first appeal divested the district court of jurisdiction, all rulings that came after December 16, 2020, are nullities; we vacate them.  Limiting our consideration to the issues that arose before Debra’s first appeal, Debra has not shown an error in notice or service that invalidates the foreclosure judgment against her.  We affirm the December 2, 2020 foreclosure and judgment decree. 

Case No. 21-0145:  State of Iowa v. Raul Casillas Martinez

Filed May 11, 2022

View Opinion No. 21-0145

            Appeal from the Iowa District Court for Crawford County, John D. Ackerman, Judge.  REVERSED AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (13 pages)

                Raul Martinez appeals his convictions for specified unlawful activity, two counts of possession of methamphetamine with intent to deliver, and failure to affix a drug-tax stamp.  He argues the district court abused its discretion by overruling his hearsay objections to the admission of an investigative report written by law enforcement and a search warrant application, and their admission violated his constitutional right to confrontation.  OPINION HOLDS: Finding the violation of Martinez’s right to confrontation was not harmless, we reverse his convictions on counts one, two, three, and five, and we remand for a new trial on those counts.

Case No. 21-0217:  In re the Marriage of Kats

Filed May 11, 2022

View Opinion No. 21-0217

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  DECREE AFFIRMED; INTERIM SUPPORT ORDER VACATED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (23 pages)

            In this consolidated appeal, Shadron Kats (Shad) challenges the economic provisions of the decree dissolving his marriage to Melissa Kats (Missy) and a post-decree order for temporary spousal support.  Both parties request an award of appellate attorney fees.  OPINION HOLDS: I. The award of $3000.00 per month in spousal support to Missy is equitable in light of the parties’ respective earnings and expenses.  Because the district court’s valuation of the property at issue is supported by the record, we decline Shad’s invitation to adjust the amount of the property equalization payment.  And we affirm the award of Missy’s trial attorney fees and one-half of her expert witness fees.  II. The district court was without jurisdiction to enter the post-decree order for interim support, and we vacate that order.  III. Considering the parties’ respective positions and the merits of the appeal, we award Missy her appellate attorney fees and expenses. 

Case No. 21-0218:  In the Matter of the Estate of Dennis R. Peterson, Deceased

Filed May 11, 2022

View Opinion No. 21-0218

            Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            A beneficiary appeals a district court order granting an executor’s application to sell real estate.  The beneficiary argues that as the estate was not insolvent, abatement was not needed.  The beneficiary further asserts the district court failed to comply with the statutory order for abatement.  OPINION HOLDS: We affirm the district court’s determination that abatement was necessary to satisfy the debts and charges of the estate.  However, as the district court failed to follow the applicable abatement statute, we reverse as to the order of abatement.  Accordingly, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. 

Case No. 21-0352:  State of Iowa v. Kim Tielebein

Filed May 11, 2022

View Opinion No. 21-0352

            Appeal from the Iowa District Court for Buchanan County, Kelly M. Lekar, Judge.  CONVICTION AFFIRMED; SENTENCE AFFIRMED IN PART AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J. (10 pages)

           Kim Tielebein appeals from his conviction of eluding or attempting to elude a law enforcement vehicle, enhanced as a habitual offender.  He argues that there was insufficient evidence to support the findings that he reached a speed of more than twenty-five miles per hour in excess of the speed limit.  He also challenges the sentence imposed, ordering him to pay court fees for dismissed misdemeanor traffic violations.  OPINION HOLDS: We find substantial evidence supported Tielebein’s conviction for eluding or attempting to elude a law enforcement vehicle.  On Tielebein’s claim over the court costs assessed on charges dismissed, we remand to the district court for an order correcting the sentencing order and removing the payment requirement for the category “B” costs.

Case No. 21-0380:  James Cain Harris v. State of Iowa

Filed May 11, 2022

View Opinion No. 21-0380

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (22 pages)

            James Harris appeals from the denial of his application for post-conviction relief (PCR).  He argues his counsel was ineffective, the court abused its discretion in not appointing substitute counsel, the case was tainted by prosecutorial misconduct, his counsel’s inefficacy lead to cumulative and structural error, and the PCR court’s opinion contained internal inconsistencies.  OPINION HOLDS: Harris failed to prove, on any claim of ineffective assistance of counsel, that his counsel breached an essential duty that prejudiced Harris.  The court did not abuse its discretion in maintaining Harris’s counsel.  There was no prosecutorial misconduct that prejudiced Harris.  There is no presumption of prejudice in ineffective-assistance-of-counsel claims.  There was no cumulative error present, and Harris failed to preserve his structural error challenge.  We find no internal inconsistencies in the PCR court’s opinion and affirm the district court’s ruling.

Case No. 21-0458:  State of Iowa v. Dean Alan Hettinger

Filed May 11, 2022

View Opinion No. 21-0458

            Appeal from the Iowa District Court for Fayette County, Joel A. Dalrymple, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J. (12 pages)

            Dean Hettinger appeals his convictions for murder in the first degree and child endangerment resulting in death, alleging the evidence does not support the convictions and the district court should have granted his motion for a new trial.  OPINION HOLDS: Because we find substantial evidence supports the jury’s guilty verdicts and the district court did not abuse its discretion, we affirm the denial of Hettinger’s motions in arrest of judgment and for new trial.

Case No. 21-0494:  State of Iowa v. Holli Lynn Lillibridge

Filed May 11, 2022

View Opinion No. 21-0494

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            Holli Lillibridge appeals her conviction and sentence for a false report to a law enforcement authority.  Lillibridge asserts the court erred in denying her motion for judgment of acquittal as the charge was not supported by sufficient evidence for conviction.  She also asserts the court did not instruct the jury properly.  OPINION HOLDS: There is sufficient evidence supporting the jury’s verdict, and the jury instruction is a proper statement of the law.  We affirm.

Case No. 21-0575:  State of Iowa v. Ivan Dale Klingenberg

Filed May 11, 2022

View Opinion No. 21-0575

            Appeal from the Iowa District Court for Emmet County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J. (10 pages)

            Ivan Klingenberg appeals his conviction and sentence for operating while intoxicated.  OPINION HOLDS: We find sufficient evidence to support Klingenberg’s conviction, that any error in denying his right to allocution was harmless, and that Klingenberg waived his ability to challenge the district court’s decision to postpone making a determination of his ability to pay category “B” restitution.

Case No. 21-0611:  Ford Motor Credit Company, LLC v. Jana R. Bleeker

Filed May 11, 2022

View Opinion No. 21-0611

            Appeal from the Iowa District Court for Bremer County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (6 pages)

            A creditor brings a deficiency judgment action against a debtor.  OPINION HOLDS: Because the creditor failed to establish compliance with a statutory notice requirement, the district court did not err by finding for the debtor. 

Case No. 21-0627:  State of Iowa v. Clarence Elton Widner

Filed May 11, 2022

View Opinion No. 21-0627

            Appeal from the Iowa District Court for Buchanan County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (12 pages)

            A defendant appeals his conviction and sentence for violating the terms of the sex offender registry.  He contends there is insufficient evidence that he had the requisite knowledge of the requirements imposed by the registry.  He also alleges the district court considered an improper factor when sentencing him.  OPINION HOLDS: We find sufficient evidence to affirm the conviction and conclude the district court did not consider an improper factor during sentencing.  We affirm.

Case No. 21-0688:  David Hering v. State of Iowa

Filed May 11, 2022

View Opinion No. 21-0688

            Appeal from the Iowa District Court for Muscatine County, John Telleen, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (7 pages)

            David Hering appeals the dismissal of his third application for postconviction relief (PCR) as untimely.  He essentially argues (1) his actual-innocence claim serves as a new ground of fact excepting him from the statute of limitations contained in Iowa Code section 822.3 (2018); (2) the statute of limitations violates equal protection; (3) ineffective assistance of prior PCR counsel should completely override the statute of limitations; (4) he presented new grounds of law excepting him from the statute of limitations;  (5) the PCR court erred or abused its discretion by not ruling on claims he raised pro se while represented by counsel; and (6) his PCR counsel was ineffective in failing to raise meritorious arguments and ensure they were preserved for appeal.  OPINION HOLDS: Finding no cause for reversal on the issues properly preserved and presented for our review, we affirm.

Case No. 21-0693:  In re the Marriage of Adam

Filed May 11, 2022

View Opinion No. 21-0693

            Appeal from the Iowa District Court for Johnson County, Lars G. Anderson, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (16 pages)

            A husband appeals the district court decision granting a dissolution rather than an annulment of his marriage.  He contends the marriage should be annulled because it was prohibited by law and both parties are impotent.  OPINION HOLDS: We find the husband did not prove either statutory ground for annulment, so we affirm the decree. 

Case No. 21-0706:  James Lee Maclin v. State of Iowa

Filed May 11, 2022

View Opinion No. 21-0706

            Appeal from the Iowa District Court for Linn County, Mary Chicchelly, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Scott, S.J.  Chicchelly, J., takes no part.  Opinion by Scott, S.J.  (6 pages)

            James Maclin appeals the dismissal of his application for postconviction relief (PCR), asserting trial counsel offered constitutionally deficient representation in failing to present expert testimony on the issue of diminished capacity, by “opening the door” to prior-bad-acts testimony, and failing to request a more specific answer to a jury question about lesser-included offenses.  OPINION HOLDS: Because Maclin has not proved his ineffective-assistance-of-counsel claims, we affirm the dismissal of his PCR application.

Case No. 21-0717:  In the Interest of C.S., Minor Child

Filed May 11, 2022

View Opinion No. 21-0717

            Appeal from the Iowa District Court for Scott County, Phillip J. Tabor, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART, and VACATED IN PART.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  Tabor, J., takes no part.  (10 pages)

            A father appeals both the district court’s denial of the petition to terminate C.S.’s guardianship with his maternal aunt and uncle as well as the termination of parental rights under Iowa Code chapter 600A (2020).  OPINION HOLDS: The order establishing guardianship is void because the father did not receive proper notice.  However, the aunt and uncle had standing to file the termination petition as C.S.’s custodians.  Termination of the father’s parental rights was in C.S.’s best interests. 

Case No. 21-0753:  James McKiernan v. Wells Fargo Bank, N.A.

Filed May 11, 2022

View Opinion No. 21-0753

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (2 pages)

            James McKiernan appeals from a summary judgment ruling.  The district court determined the statute of limitations lapsed, McKiernan’s claim was barred by issue preclusion and claim preclusion, and McKiernan failed to present an issue of material fact to establish a valid breach-of-contract claim.  OPINION HOLDS: We conclude summary judgment was properly granted and affirm without further opinion.

Case No. 21-0815:  Gina Lynch v. Israel Moreno

Filed May 11, 2022

View Opinion No. 21-0815

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (22 pages)

            Israel Moreno appeals a decree establishing legal custody, physical care, visitation, and child support concerning the child he shares with Gina Lynch.  He claims the court erred by (1) not allowing him to introduce certain evidence; (2) not allowing him to cross-examine Lynch; (3) awarding Lynch sole legal custody and physical care; (4) placing onerous conditions on his visitation, failing to award him more visitation, and impermissibly delegating its powers to expand visitation; and (5) awarding Lynch attorney fees.  He also requests increased visitation and modifications to the legal-custody provisions of the decree.  OPINION HOLDS: We affirm on all of the evidentiary issues raised by Moreno.  We also affirm the district court’s decision to place the child in Lynch’s sole legal custody and physical care.  To the extent that the decree restricted Moreno from accessing certain records of the child’s, we modify the decree to allow Moreno legal access to the child’s medical, educational, and law enforcement records.  We affirm the visitation plan ordered by the district court and the award of attorney fees in favor of Lynch.  Costs on appeal are taxed to Moreno.

Case No. 21-0846:  Estate of Herbert Knop v. Mercy Health Services Iowa Corp, d/b/a Mercy Medical Center-Sioux City

Filed May 11, 2022

View Opinion No. 21-0846

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Bower, C.J.  (6 pages)

            The Estate of Herbert Knop appeals the dismissal of its claim against Mercy Health Services Iowa Corp.  OPINION HOLDS: Because a certificate of merit affidavit was necessary to establish the prima facie medical negligence injury claim against a healthcare provider, we affirm.

Case No. 21-0854:  Shelley Barnes and Cameron Barnes v. CDM Rentals, LLC

Filed May 11, 2022

View Opinion No. 21-0854

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (6 pages)

            Tenants appeal the grant of summary judgment for a rental company in this premises liability action.  OPINION HOLDS: We affirm because the tenants have not shown the district court erred.

Case No. 21-0921:  State of Iowa v. Clayton Smith

Filed May 11, 2022

View Opinion No. 21-0921

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            The defendant challenges the sentence imposed upon his plea of guilty to domestic abuse assault while using or displaying a dangerous weapon and harassment in the first degree.  OPINION HOLDS: The district court did not abuse its discretion in considering information in the victim impact statement in determining an appropriate sentence to impose.

Case No. 21-0930:  In re the Marriage of Wile

Filed May 11, 2022

View Opinion No. 21-0930

            Appeal from the Iowa District Court for Dallas County, Brad McCall, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            Chad Wile appeals the district court’s modifications to the custody and visitation provisions of the parties’ dissolution decree.  OPINION HOLDS: We affirm as modified.

Case No. 21-0952:  In re the Marriage of Ferguson

Filed May 11, 2022

View Opinion No. 21-0952

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham II, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (11 pages)

            Angella Ferguson appeals the physical care, spousal support, and financial provisions in the dissolution decree ending her marriage with Bruce Ferguson, as well as the court’s denial of her request for trial attorney fees.  OPINION HOLDS: We affirm the physical care and financial provisions from the dissolution decree, modify the spousal support and trial attorney fee rulings, and deny Angella’s request for appellate attorney fees.

Case No. 21-0960:  Lori Kellar and Dale Kellar v. Broadlawns Medical Center Foundation

Filed May 11, 2022

View Opinion No. 21-0960

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Lori and Dale Kellar appeal the district court’s ruling granting summary judgment in favor of Broadlawns Medical Center Foundation on the Kellars’ medical malpractice action.  The Kellars raise several challenges to the district court’s determination that they failed to submit expert testimony sufficient to support their claims within the time frame set forth in Iowa Code section 668.11 (2020).  OPINION HOLDS: The summary judgment ruling in favor of Broadlawns is affirmed.

Case No. 21-1020:  In re the Marriage of Klaren

Filed May 11, 2022

View Opinion No. 21-1020

            Appeal from the Iowa District Court for Delaware County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Scott Klaren appeals the district court’s order granting physical care to Sheila Klaren and the distribution of property in their dissolution proceedings.  OPINION HOLDS: The district court properly declined to award joint physical care, instead awarding Sheila physical care of the children with visitation to Scott.  The district court’s property valuation and distribution was equitable.

Case No. 21-1059:  Christopher William Smead v. State of Iowa

Filed May 11, 2022

View Opinion No. 21-1059

            Appeal from the Iowa District Court for Johnson County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Christopher Smead appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Because Smead has not established a viable exception to overcome the three-year limitations period, the application is time-barred.

Case No. 21-1073:  Mara Rae Budweg v. Nathaniel Ray McCory

Filed May 11, 2022

View Opinion No. 21-1073

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            Nathaniel McCory appeals the entry of a final protective order following Mara Budweg’s petition for relief from domestic abuse.  He argues the district court’s finding that he committed domestic abuse assault against Mara is not supported by substantial evidence.  OPINION HOLDS: We find the evidence insufficient to prove an assault.  We reverse the decision of the district court and remand for cancellation of the protective order and dismissal of Mara’s petition.

Case No. 21-1074:  Carl Allen West v. State of Iowa

Filed May 11, 2022

View Opinion No. 21-1074

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (5 pages)

            Carl West appeals a district court’s denial of his postconviction relief application, alleging ineffective assistance of counsel.  OPINION HOLDS: West failed to meet his burden necessary for postconviction relief.  Accordingly we affirm. 

Case No. 21-1131:  In re the Marriage of Willett

Filed May 11, 2022

View Opinion No. 21-1131

            Appeal from the Iowa District Court for Story County, John R. Flynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            David Willett appeals the amount and duration of alimony awarded to Jami Willett in the dissolution decree, as well as the requirement he maintain life insurance.  OPINION HOLDS: Finding no failure to do equity, we affirm.

Case No. 21-1149:  State of Iowa v. Ronnie L. Bradley

Filed May 11, 2022

View Opinion No. 21-1149

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J. (4 pages)

            Ronnie Bradley appeals his sentence, arguing the district court used a fixed sentencing policy and failed to consider mitigating factors in reaching its decision.  OPINION HOLDS: Because the sentence imposed was within the district court’s discretion and not the result of a fixed policy, and because Bradley has not established a defect in the sentencing proceedings, we affirm.

Case No. 21-1252:  State of Iowa v. Jason P. Pohlmeyer

Filed May 11, 2022

View Opinion No. 21-1252

            Appeal from the Iowa District Court for Lee (North) County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A defendant appeals the sentence imposed by the district court after his guilty plea entered pursuant to a plea agreement.  OPINION HOLDS: Because we find no breach of the plea agreement by the prosecutor or abuse of discretion by the district court, we affirm the sentence. 

Case No. 21-1255:  Dijonis D. Burkett Brown v. State of Iowa

Filed May 11, 2022

View Opinion No. 21-1255

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            Dijonis Burkett Brown appeals from the dismissal of his postconviction-relief application.  He claims the dismissal, based on his counsel’s failure to appear at trial, amounts to structural error.  OPINION HOLDS: Structural error occurred, requiring the district court’s dismissal to be reversed and remanded. 

Case No. 21-1290:  In the Interest of Z.R., Minor Child

Filed May 11, 2022

View Opinion No. 21-1290

            Appeal from the Iowa District Court for Lee (South) County, Clinton R. Boddicker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            A mother appeals the termination of her parental rights to her child.  She challenges the sufficiency of the evidence supporting the ground for termination, argues termination is contrary to the child’s best interests, highlights the strength of the parent-child bond, and requests additional time to work toward reunification.  OPINION HOLDS: We affirm the termination of the mother’s parental rights. 

Case No. 21-1492:  In re the Marriage of Cickavage

Filed May 11, 2022

View Opinion No. 21-1492

            Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.  AFFIRMED AND REMANDED WITH INSTRUCTION.  Considered by Greer, P.J., Ahlers, J., and Scott, S.J.  Opinion by Greer, P.J.  (20 pages)

            Jesse Cickavage challenges a district court’s decision to grant the mother of his children, Sara, a permanent injunction, grant her petition to modify his visitation, and deny his request to modify physical care.  Jesse also raises a number of concerns about the consolidated trial where these issues were heard.  OPINION HOLDS: Because the injunction does not violate Jesse’s right to free speech, provides Sara relief, and is her only option for remedy, we affirm the district court’s grant of a permanent injunction.  Because Jesse did not prove there was a permanent change in circumstances, we affirm the district court’s denial of his request for modification of physical care.  Because Sara did meet her burden to show her out-of-state move was not previously contemplated by the court, we affirm the change of visitation.  Finally, we find no problem with the trial requiring us to undermine the district court’s decision.

Case No. 21-1509:  David D. Pogge and Douglas L. Pogge, Trustees of the Henry Pogge and Lavonne I. Pogge Trust Dated March 8, 2005 v. Adam W. Clemons, P.E., as Wright County Engineer, Rick Rasmussen, as Supervisor, Dean Klus, as Supervisor, Karl Helgevold, as Supervisor, and Wright County, Iowa

Filed May 11, 2022

View Opinion No. 21-1509

            Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Blane, S.J.  Opinion by Bower, C.J.  (6 pages)

            A landowner appeals a summary judgment ruling dismissing their negligence petition against Wright County and several employees for damages to a land bridge.  OPINION HOLDS: Because we find the County is immune from liability under the discretionary-function exemption of Iowa Code section 670.4 (2021), we affirm the district court.

Case No. 21-1673:  In the Interest of R.G.-O., Minor Child

Filed May 11, 2022

View Opinion No. 21-1673

            Appeal from the Iowa District Court for Chickasaw County, David F. Staudt, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the order terminating his parental rights to his child under Iowa Code section 600A.8 (2020).  OPINION HOLDS: The district court properly considered events that occurred after the filing of the termination petition.  Because clear and convincing evidence shows the father abandoned the child under section 600A.8(3)(b) and termination is in the child’s best interests, we affirm.

Case No. 21-1961:  In the Interest of C.P. and N.P., Minor Children

Filed May 11, 2022

View Opinion No. 21-1961

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

            A mother appeals the termination of her parental rights.  She challenges the statutory grounds, claims termination is not in the children’s best interests, contends the juvenile court should have applied a permissive exception to termination to instead establish a guardianship, and argues the juvenile court should have bifurcated the guardian ad litem (GAL) and attorney role for the older child’s representation.  OPINION HOLDS: The State established statutory grounds for termination.  Termination is in the children’s best interests.  We decline to apply a permissive exception to forgo termination.  The mother failed to preserve her request for a guardianship as an alternative to termination.  And the juvenile court did not abuse its discretion by denying the motion to bifurcate the GAL and attorney role.

Case No. 22-0107:  In the Interest of M.A., M.G., and M.C., Minor Children

Filed May 11, 2022

View Opinion No. 22-0107

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            The mother appeals the termination of her parental rights to M.A., born in 2012; M.G., born in 2017; and M.C., born in 2019.  OPINION HOLDS: Because no extension is warranted, grounds for termination exist, termination is in the children’s best interests, and no permissive exception suggests termination is not appropriate, we affirm.

Case No. 22-0311:  In the Interest of A.L., Minor Child

Filed May 11, 2022

View Opinion No. 22-0311

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: On our de novo review of the record, we find that termination of the mother’s parental rights is in the best interest of the child and that no permissive exception to termination exists.

Case No. 22-0330:  In the Interest of J.J., Minor Child

Filed May 11, 2022

View Opinion No. 22-0330

            Appeal from the Iowa District Court for Page County, Jennifer Benson Bahr, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            A father appeals the termination of his parental rights to a child.  The father (1) challenges the grounds for termination cited by the district court; (2) argues the department of human services failed to make reasonable reunification efforts; (3) asserts termination was not in the child’s best interests; (4) argues he has a “strong bond” with the child; and (5) seeks additional time to reunify with the child.  OPINION HOLDS: We affirm the district court’s termination of the father’s parental rights to the child.

Case No. 22-0338:  In the Interest of L.L., Minor Child

Filed May 11, 2022

View Opinion No. 22-0338

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (5 pages)

            A mother challenges the termination of her parental rights, asserting the ground for termination has not been established, an extension of time would remedy her issues, and termination is not in the child’s best interests.  OPINION HOLDS: The child cannot be returned to the mother’s care, an extension is unwarranted, and termination is in the child’s best interests.  We affirm.

Case No. 22-0352:  In the Interest of C.H., Minor Child

Filed May 11, 2022

View Opinion No. 22-0352

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A father appeals the termination of his parental rights to a child, contending the State failed to prove the child could not be returned to his custody pursuant to Iowa Code section 232.116(1)(h) (2020).  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

Case No. 22-0381:  In the Interest of V.C., B.C. and I.V. a/k/a I.G., Minor Children

Filed May 11, 2022

View Opinion No. 22-0381

            Appeal from the Iowa District Court for Kossuth County, Ann M. Gales, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (5 pages)

            A mother appeals from the termination of her parental rights to three children—V.C., B.C., and I.V.  She argues the State failed to prove the necessary grounds for termination and that the strength of the bond between the mother and children is strong enough that termination is not in their best interests.  OPINION HOLDS: The mother does not argue the children could be returned to her care at the time of the termination hearing, so we consider the statutory ground for termination satisfied.  Termination is in the children’s best interests, and the bond is not strong enough to outweigh the need for termination.  So, we affirm the termination. 

Case No. 22-0383:  In the Interest of S.S., Minor Child

Filed May 11, 2022

View Opinion No. 22-0383

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the termination of her parental rights to her minor child.  OPINION HOLDS: We find there is sufficient evidence in the record to support termination of the mother’s parental rights, termination is in the child’s best interests, and an extension of time would not be appropriate.  We affirm the decision of the district court.

Case No. 22-0384:  In the Interest of P.K., Minor Child

Filed May 11, 2022

View Opinion No. 22-0384

            Appeal from the Iowa District Court for Worth County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            A father appeals the order terminating his parental rights.  OPINION HOLDS:  The juvenile court was correct in finding that the State proved a ground for termination; in declining to apply a permissive exception to termination; and in denying an additional six months to work toward reunification.

Case No. 22-0411:  In the Interest of K.H., Minor Child

Filed May 11, 2022

View Opinion No. 22-0411

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

            A mother appeals the termination of her parental rights under Iowa Code section 232.116(1), paragraphs (b), (d), (f), (g), (i), and (l) (2021).  OPINION HOLDS: We find no basis for reversal and affirm. 

Case No. 22-0416:  In the Interest of J.P. and M.P., Minor Children

Filed May 11, 2022

View Opinion No. 22-0416

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to two children.  OPINION HOLDS: Having found the statutory grounds satisfied for each parent, the best interests of the children considered, and a lack of applicable exceptions, we affirm termination of the mother’s and father’s parental rights.

Case No. 22-0493:  In the Interest of B.M., Minor Child

Filed May 11, 2022

View Opinion No. 22-0493

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            A mother and a father separately appeal the termination of their parental rights to their child.  OPINION HOLDS: Clear and convincing evidence shows the child cannot be returned to the mother’s care due to her unresolved issues with substance use, satisfying the grounds for termination under Iowa Code section 232.116(1)(h) (2021).  And termination of both the mother’s and the father’s parental rights is in the child’s best interests.

Case No. 22-0496:  In the Interest of G.M., Minor Child

Filed May 11, 2022

View Opinion No. 22-0496

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., Chicchelly, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (9 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both parents’ parental rights.

Case No. 19-1760:  State of Iowa v. Prince G. Paye

Filed Apr 27, 2022

View Opinion No. 19-1760

            Appeal from the Iowa District Court for Polk County, Kevin Parker, District Associate Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., May, J., and Danilson, S.J.  Opinion by Tabor, P.J.  Dissent by May, J.  (22 pages)

            Police detained Prince Paye because a ball hitch partially blocked the view of a single letter of the car’s license plate.  On appeal, he argues the traffic stop was unjustified.  OPINION HOLDS: Section 321.38 is ambiguous.  But relying on canons of interpretation and the rule of lenity, we hold Paye did not violate its requirements.  Because the stop was based on a mistake of law, all evidence stemming from it must be suppressed.  We reverse and remand.  DISSENT ASSERTS: Based on the statutory language, our court’s prior decisions, and especially the supreme court’s teachings in State v.Harrison, 846 N.W.2d 362 (Iowa 2014), I conclude Iowa Code section 321.38 (2019) required Prince Paye to place his license plate so that the entire registration plate number would be “clearly visible.”  Because part of Paye's registration plate number was hidden behind a trailer ball, Paye violated this requirement.  So the officer was justified in stopping Paye, the motion to suppress was properly denied, and Paye’s conviction should be affirmed.  I respectfully dissent.  

Case No. 19-1909:  Willie James Herron, Jr. v. State of Iowa

Filed Apr 27, 2022

View Opinion No. 19-1909

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

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

Case No. 20-1002:  Owens Thompson v. State of Iowa

Filed Apr 27, 2022

View Opinion No. 20-1002

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            More than twenty years after a jury first convicted Owens Thompson of first-degree murder, Thompson brought this—his third—application for postconviction relief (PCR).  The district court summarily dismissed the application for being time-barred.  Thompson appeals, arguing Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), allows him to bring this action and requires the court to provide him an evidentiary hearing to develop his claim of ineffective assistance of counsel.  OPINION HOLDS: Because Allison does not apply to save his application from being time-barred by Iowa Code section 822.3 (2019), we agree with the district court’s summary dismissal of Thompson’s third PCR application.

Case No. 20-1689:  State of Iowa v. Christopher William Thompson

Filed Apr 27, 2022

View Opinion No. 20-1689

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J. (11 pages)

            Christopher Thompson appeals his conviction for first-degree murder, asserting the trial court erred in admitting hearsay statements made by the deceased.  OPINION HOLDS: Because the district court did not err in determining the hearsay was admissible under Iowa Rule of Evidence 5.803(3), we affirm.

Case No. 20-1733:  State of Iowa v. Chad Dietrick

Filed Apr 27, 2022

View Opinion No. 20-1733

            Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vogel, S.J. (13 pages)

            Chad Dietrick appeals his conviction for murder in the second degree, asserting the district court erred in refusing to give his requested jury instruction and in concluding the decedent’s confidential medical records offered nothing exculpatory for the defense.  OPINION HOLDS: Finding no error in the jury instructions given or in the court’s ruling on privileged matters, we affirm.

Case No. 21-0289:  Vern David Miller, Jr. v. Lisa Mae Meyer

Filed Apr 27, 2022

View Opinion No. 21-0289

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Vern Miller appeals from the district court’s order denying his petition to modify the stipulated custody decree between him and Lisa Meyer involving their child.  OPINION HOLDS: Miller has not met his burden to show a substantial and material change in circumstances warranting modification of the parties’ physical care arrangement.  We affirm the district court’s order.

Case No. 21-0307:  In re the Marriage of Moss

Filed Apr 27, 2022

View Opinion No. 21-0307

            Appeal from the Iowa District Court for Audubon County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (12 pages)

            Jamie Moss appeals from the decree dissolving her marriage to Rico Moss.  OPINION HOLDS: We agree with the district court that Jamie has not shown Rico dissipated assets.  We modify the decree to provide Jamie with spousal support.

Case No. 21-0319:  Anthony J. Manatt v. Bradford J. Manatt

Filed Apr 27, 2022

View Opinion No. 21-0319

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi Ackley, Judge.  REVERSED AND REMANDED.  Heard by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (26 pages)

            Anthony (Tony) Manatt appeals an order granting directed verdict to Bradford Manatt.  OPINION HOLDS: We conclude (1) the district court erred in concluding that—as a matter of law—Tony’s claims were barred by the failure of a condition precedent; (2) the district court erred in concluding Tony lacked standing as a matter of law; and (3) Tony did not preserve error on his argument that the court should have granted him summary judgment based on the trial record.

Case No. 21-0327:  State of Iowa v. Doncorrion Spates

Filed Apr 27, 2022

View Opinion No. 21-0327

            Appeal from the Iowa District Court for Black Hawk County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (7 pages)

            This is Doncorrion Spates’s second direct appeal from his convictions of murder in the first degree, attempted murder, and intimidation with a deadly weapon.  Spates appeals the remand court’s denial of his motion for new trial.  Opinion holds: Spates failed to prove his claim that racial animus impacted the verdict.  We affirm Spates’s convictions.

Case No. 21-0421:  State of Iowa v. Michael Edwards Johnson

Filed Apr 27, 2022

View Opinion No. 21-0421

            Appeal from the Iowa District Court for Plymouth County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (10 pages)

            Michael Johnson pled guilty to fourth-degree theft, a serious misdemeanor.  On appeal, he challenges his conviction and his sentence, relying on Iowa Rule of Criminal Procedure 2.33(1) and the principles of double jeopardy.  OPINION HOLDS: Johnson has good cause to challenge his conviction and sentence following the district court’s denial of his motion to dismiss.  But we agree with the district court that dismissal was not necessary under either rule 2.33(1) or the principles of double jeopardy.  We affirm.

Case No. 21-0579:  In re the Marriage of Lahr

Filed Apr 27, 2022

View Opinion No. 21-0579

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

            Laurie Lahr appeals the child and spousal support award in her dissolution from Todd Lahr.  OPINION HOLDS: We affirm because the district court relied on the most reliable evidence to establish Todd’s income.  And we decline to award appellate attorney fees.

Case No. 21-0668:  Rosemarie Stotts v. Employment Appeal Board and Carroll County

Filed Apr 27, 2022

View Opinion No. 21-0668

            Appeal from the Iowa District Court for Carroll County, Gina C. Badding, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Badding, J. takes no part.  Opinion by May, P.J.  (2 pages)

            Rosemarie Stotts appeals the judicial review order upholding a denial of unemployment benefits.  OPINION HOLDS: The agency’s finding of misconduct is supported by substantial evidence.  So we affirm.

Case No. 21-0730:  State of Iowa v. Matthew Reynolds

Filed Apr 27, 2022

View Opinion No. 21-0730

            Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED.  Considered by Schumacher, P.J., Chicchelly, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            Matthew Reynolds appeals from judgment and sentence following his conviction for attempted enticement of a minor, asserting there is insufficient evidence to support the conviction, the court abused its discretion in an evidentiary ruling, and the court failed to provide adequate reasons for the sentence imposed.  OPINION HOLDS: We affirm the conviction, vacate the sentence, and remand to the district court for resentencing.

Case No. 21-0741:  William McGrew and Elaine McGrew v. Eromosele Otoadese, M.D. and Northern Iowa Cardiovascular and Thoracic Surgery Clinic, P.C.

Filed Apr 27, 2022

View Opinion No. 21-0741

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            William McGrew and his wife Elaine McGrew appeal the district court’s rulings on post-trial motions.  OPINION HOLDS:  Appeal dismissed as moot.

Case No. 21-0742:  Richard Ross and Linda Ross v. Douglas Wayne Walker and West Bend Mutual Insurance Company

Filed Apr 27, 2022

View Opinion No. 21-0742

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

            Plaintiffs appeal the summary judgment order dismissing their claims after the district court determined the scope of liability associated with Douglas Walker’s conduct did not include the harm suffered by the plaintiffs.  OPINION HOLDS: Because a jury could find the scope of liability extends to the harm alleged here, we conclude the district court erred in granting summary judgment.

Case No. 21-0771:  Robert Coonradt v. State of Iowa

Filed Apr 27, 2022

View Opinion No. 21-0771

            Appeal from the Iowa District Court for Winneshiek County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (8 pages)

                  Robert Coonradt appeals the denial of his application for postconviction relief (PCR), arguing the district court erred in rejecting his claim that criminal trial counsel was ineffective in failing to litigate a motion to suppress that was filed by prior counsel.  OPINION HOLDS: We agree with the district court that counsel was not ineffective as alleged, and we affirm the denial of Coonradt’s PCR application.

Case No. 21-0774:  Quality Plus Feeds, Inc. v. Compeer Financial, FLCA

Filed Apr 27, 2022

View Opinion No. 21-0774

            Appeal from the Iowa District Court for Monroe County, Daniel P. Wilson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Compeer Financial, FLCA (Compeer) appeals the grant of summary judgment to Quality Plus Feeds, Inc. (Quality Plus) foreclosing Quality Plus’s agricultural-supply-dealer lien.  OPINION HOLDS: Navigating the competing priority rules is a somewhat complex and fact-intensive exercise.  Finding genuine issues of material fact that preclude the grant of summary judgment for either party, we reverse the grant of summary judgment to Quality Plus, affirm the denial of summary judgment to Compeer, and remand for further proceedings.

Case No. 21-0787:  Joseph Ronald Banks v. State of Iowa

Filed Apr 27, 2022

View Opinion No. 21-0787

            Appeal from the Iowa District Court for Buchanan County, Joel Dalrymple, Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (6 pages)

            Joseph Banks appeals the denial of his application for postconviction relief, arguing the district court erred in rejecting his claim of ineffective assistance.  OPINION HOLDS: We agree with the district court that Banks failed to meet his burden to prove prejudice.  As such, we affirm the denial of his application for postconviction relief.

Case No. 21-0794:  State of Iowa v. Aries McGee

Filed Apr 27, 2022

View Opinion No. 21-0794

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Aries McGee appeals his conviction for robbery in the first degree.  OPINION HOLDS: Taken in the light most favorable to the State, we find the evidence sufficient for a rational jury to find McGee committed robbery in the first degree. 

Case No. 21-0808:  Derrick Shafer v. State of Iowa

Filed Apr 27, 2022

View Opinion No. 21-0808

            Appeal from the Iowa District Court for Mahaska County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Derrick Shafer appeals the denial of his application for postconviction relief, arguing the court erred in rejecting his claims of ineffective assistance of counsel.  OPINION HOLDS: We agree with the district court that counsel was not ineffective as alleged and affirm the denial of Shafer’s application.

Case No. 21-0894:  Pam Weatherly-Michel v. Tony Reed

Filed Apr 27, 2022

View Opinion No. 21-0894

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

            Tony Reed appeals the district court’s finding that he breached an oral lease agreement.  Reed argues: (1) the district court relied on impermissible hearsay statements; (2) the court improperly shifted the burden of proof to him; (3) the court’s findings are not supported by substantial evidence; and (4) plaintiff-appellee failed to adequately prove her damages.  OPINION HOLDS: Any errors regarding the hearsay statements were harmless, the district court did not shift the burden of proof, substantial evidence supports the court’s findings, and plaintiff-appellee proved her damages. 

Case No. 21-0948:  Edwin Steiner and Anne Grady v. Rebecca Moyer

Filed Apr 27, 2022

View Opinion No. 21-0948

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Carr, S.J.  Chicchelly, J., takes no part.  Opinion by Badding, J.  (7 pages)

            The plaintiffs appeal a summary judgment ruling dismissing their petition for failure to timely serve the defendant.  OPINION HOLDS: On our review of the record, no genuine issue of material fact existed and summary judgment was appropriate.

Case No. 21-0956:  Petro v. Davenport Civil Rights Commission

Filed Apr 27, 2022

View Opinion No. 21-0956

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            Darren Petro appeals the denial of his petition for judicial review challenging the administrative closure of his complaint with the Davenport Civil Rights Commission (DCRC).  OPINION HOLDS: Petro was required to file his petition for judicial review within thirty days of the administrative closure of his complaint with the DCRC.  Because he failed to do so, his petition is not timely, and we do not consider his due-process claim.

Case No. 21-0990:  State of Iowa v. Gerald M. Tutson, Jr.

Filed Apr 27, 2022

View Opinion No. 21-0990

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (5 pages)

            Gerald Tutson Jr. appeals following a guilty plea to second-degree robbery and felon in possession of a firearm as a habitual offender, claiming he “did not understand that his 10 year sentenc[e] for robbery 2nd and the 15 year sentence for felon in possession, habitual offender status, could be run consecutive for a total of 25 years” and he “also did not understand that . . . the mandatory minimums would have to be served for a total of 10 years.”  OPINION HOLDS: We affirm Tutson’s conviction, judgment, and sentence.

Case No. 21-0991:  In the Interest of S.S., Minor Child

Filed Apr 27, 2022

View Opinion No. 21-0991

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            A father appeals from the termination of his parental rights in a private termination action.  He claims the mother prevented him from having any contact with the child and he could not afford to pay child support.  OPINION HOLDS: Because the father did not attempt to visit the child or communicate with the child, we conclude the father’s absence from the child’s life was not the result of the mother’s interference.  The father’s failure to pay child support was not the result of good cause.  And termination is in the child’s best interest.

Case No. 21-1089:  In the Marriage of Shirbroun

Filed Apr 27, 2022

View Opinion No. 21-1089

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Chicchelly, J.  (11 pages)

            Joshua James Shirbroun appeals the modification of a default decree dissolving his marriage to Trina Lynn Shirbroun.  Joshua contends the district court should have terminated his spousal support obligation and that it incorrectly calculated his child support payments.  OPINION HOLDS: Because Trina has demonstrated an ongoing need for spousal support and Joshua has failed to prove a substantial change in circumstances from the child support ordered, we affirm the district court’s modification of the dissolution decree.  We furthermore award Trina $7500 in appellate attorney fees.

Case No. 21-1142:  In the Interest of J.L., Minor Child

Filed Apr 27, 2022

View Opinion No. 21-1142

            Appeal from the Iowa District Court for Cass County, Gary Anderson, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (4 pages)

            A father appeals the private termination of his parental rights.  OPINION HOLDS: The father failed to preserve his claim relating to the juvenile court judge’s review of transcripts of proceedings before a different juvenile court judge.  The mother proved termination is in the child’s best interest.

Case No. 21-1258:  State of Iowa v. Tyrelle Richardson

Filed Apr 27, 2022

View Opinion No. 21-1258

            Appeal from the Iowa District Court for Scott County, Tamra J. Roberts, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (4 pages)

            Tyrelle Richardson appeals his sentence, claiming the district court abused its discretion when it sentenced him to prison rather than probation.  OPINION HOLDS: We determine the district court did not abuse its discretion.  We affirm.  

Case No. 21-1452:  State of Iowa v. Stephen Joseph Wink

Filed Apr 27, 2022

View Opinion No. 21-1452

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Stephen Wink appeals the consecutive sentences imposed following his guilty pleas, arguing the district court violated his federal and state due process rights by sentencing him without the use of a presentence investigation report.  OPINION HOLDS: Although Wink could not waive the creation of a presentence investigation report, long-standing case law allowed him to waive its use for sentencing purposes.  We affirm the sentences imposed by the district court. 

Case No. 21-1548:  In re the Marriage of Hardie

Filed Apr 27, 2022

View Opinion No. 21-1548

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Kyle Hardie appeals from the district court’s dismissal of contempt proceedings he initiated against his former wife, Michelle Hardie.  OPINION HOLDS: We find no abuse of discretion in the trial court’s finding that Michelle was not in contempt or in its admission of the adult child’s relevant testimony.  We also find no constitutional violation in the court’s post-ruling, equal assessment of costs between the parties for the children’s mental-health counseling report.  Accordingly, we affirm on all three grounds, and we decline to award appellate attorney fees.

Case No. 21-1619:  In the Matter of the Estate of Naomi Hruska, Deceased.

Filed Apr 27, 2022

View Opinion No. 21-1619

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Richard Hruska appeals from an order granting summary judgment and denying his claim against his mother’s estate.  OPINION HOLDS: While the district court entered an early order without notice, the court vacated the order and entered a new, timely ruling when no notice was required.  Because the issue is moot, we dismiss this appeal.

Case No. 21-1963:  In the Interest of P.H. and P.H., Minor Children

Filed Apr 27, 2022

View Opinion No. 21-1963

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (3 pages)

            A father appeals the establishment of a guardianship for his two children in this child-in-need-of-assistance proceeding.  He argues the juvenile court should have granted him more time to work toward reunification.  OPINION HOLDS: Given the father’s refusal to engage in services, we do not believe the need for removal would no longer remain after an additional six months.  So we do not grant the father additional time to work toward reunification.

Case No. 22-0077:  In the Interest of P.S., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0077

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            A father appeals a permanency order, which established a guardianship with the child’s maternal aunt.  The father claims the juvenile court failed to adequately weigh his parental preference.  OPINION HOLDS: The father’s parental preference was rebutted, and it is in the child’s best interest to establish a guardianship with the maternal aunt.

Case No. 22-0210:  In the Interest of S.O., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0210

            Appeal from the Iowa District Court for Worth County, Adam D. Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (13 pages)

            A mother and father separately appeal the termination of their parental rights to one child.  OPINION HOLDS: With respect to the mother, we find DHS made reasonable efforts at reunification.  As for the father, we find that the required removal timeline was satisfied, the child could not be returned to his custody, and a six-month extension was not appropriate.  Having also concluded termination was in the child’s best interests and would not be detrimental to the child, we affirm termination of each party’s parental rights.

Case No. 22-0263:  In the Interest of H.B., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0263

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (7 pages)

            A father appeals the termination of his parental rights.  He argues the State did not make reasonable efforts, the juvenile court should have established a guardianship in lieu of terminating his parental rights, and the closeness of the bond with his child overcomes the need for termination.  OPINION HOLDS: The father did not preserve his reasonable-efforts challenge.  Because termination of the father’s parental rights is in the child’s best interests, a guardianship in lieu of termination is not an option.  And while the child is strongly bonded with the father, he has not shown this bond overcomes termination being in the child’s best interests.

Case No. 22-0283:  In the Interest of S.V., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0283

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The statutory ground authorizing termination was satisfied.  We decline to apply a permissive exception to termination or to establish a guardianship as an alternative to termination.

Case No. 22-0301:  In the Interest of L.M., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0301

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  MOTHER'S APPEAL AFFIRMED; FATHER'S APPEAL REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Partial Dissent by Ahlers, J.  (20 pages)

            April and Stephen appeal the termination of their parental rights.  OPINION HOLDS: The State established grounds for terminating April’s parental rights.  Termination is in L.M.’s best interests, outweighing April’s requests for termination exceptions or additional time.  As for Stephen, he agreed a ground for termination was met.  But given his substantial progress since removal, additional time for reunification is appropriate.  We affirm as to April but reverse and remand for Stephen.  PARTIAL DISSENT ASSERTS: I concur in the decision to affirm termination of the mother’s parental rights.  As to the majority’s decision to reverse termination of the father’s parental rights and provide him with additional time for reunification, I dissent because of the father’s lack of a track record of parenting and the relevant time horizon.

Case No. 22-0331:  In the Interest of C.M. and J.M., Minor Children

Filed Apr 27, 2022

View Opinion No. 22-0331

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (13 pages)

            The juvenile court terminated the mother’s parental rights to two of her children, C.M. and J.M., under Iowa Code section 232.116(1)(d), (f), and (l) (2021).  On appeal, the mother argues the juvenile court wrongly denied her motions to continue the termination trial.  Alternatively, she argues termination of her rights is not in the children’s best interests and a permissive factor weighs against termination.  OPINION HOLDS: The court neither abused its discretion nor violated the mother’s right to due process when it denied her motions to continue.  Termination is in the children’s best interests, and the mother did not establish a permissive factor to prevent termination.  We affirm.

Case No. 22-0361:  In the Interest of B.D. and C.D., Minor Children

Filed Apr 27, 2022

View Opinion No. 22-0361

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (10 pages)

A father appeals the termination of his parental rights to two children, claiming the juvenile court should have granted concurrent jurisdiction so the father could pursue a bridge order.  The father also urges that the juvenile court should have applied a permissive exception to preclude termination.  OPINION HOLDS: On these facts, a bridge order is not appropriate.  We, like the juvenile court, decline to apply a permissive exception to preclude termination.  Accordingly, we affirm. 

Case No. 22-0382:  In the Interest of K.P., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0382

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

            A mother appeals the juvenile court’s denial of her motion for modification of a child-in-need-of-assistance order.  OPINION HOLDS: We agree with the juvenile court that the mother has not shown that she can maintain the child’s safety or that the dispositional goal has been made or cannot be met.

Case No. 22-0445:  In the Interest of B.T., Minor Child

Filed Apr 27, 2022

View Opinion No. 22-0445

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights to one child.  OPINION HOLDS: Because we find that neither a six-month extension nor an exception is warranted and termination was in the child’s best interests, we affirm termination of M.B.’s parental rights with respect to her child B.T.

Case No. 19-2090:  Wendell Harrington v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 19-2090

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  Chicchelly, J., and Gamble, S.J., take no part.  (33 pages)

            Wendell Harrington appeals the denial of his application for postconviction relief (PCR) following his 2012 convictions for thefts, burglaries, and eluding.  His claims include (1) a constitutional challenge to his statutory inability to submit pro se appellate briefs following the 2019 creation of Iowa Code section 822.3A; (2) that he should have been granted a new trial following the discovery of new evidence regarding drug use by an officer involved in the identification of Harrington before his arrest; (3) that the State suppressed that evidence about the officer; (4) that he should have been allowed to introduce additional depositions and DNA evidence into the PCR record after it closed; (5) that his PCR counsel was ineffective for not seeking the DNA evidence sooner; (6) that the district court failed to rule on his pro se issues regarding suppression of evidence of another suspect; (7) that his PCR counsel was ineffective in arguing the existence of the other suspect; (8) that his PCR counsel was ineffective for failing to file a deposition transcript and report regarding that DNA evidence; (9) that all of his attorneys were ineffective in not arguing that his past convictions of burglary and theft were not crimes of dishonesty and, therefore, should not have been admitted as impeachment evidence against him at the underlying criminal trial; and (10) that the PCR trial judge should have recused himself.  OPINION HOLDS: We affirm the denial of Harrington’s application for PCR.  

Case No. 20-0390:  Brett Michael Jones v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 20-0390

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

            Brett Jones appeals the denial of his postconviction relief application.  He contends a recent Supreme Court decision, United States v. Haymond, 139 S.Ct. 2369, 2382 (2019), renders the revocation unconstitutional.  OPINION HOLDS: Because of the significant differences between the statute in Haymond and the one in this case, we find Haymond inapplicable.  Accordingly, we affirm. 

Case No. 20-1180:  Steven Jonas v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 20-1180

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (14 pages)

            Stephen Jonas appeals the denial of his application for postconviction relief, contending his trial attorneys were ineffective in failing to (A) request additional peremptory strikes following “the denial of a motion to strike jurors for cause”; (B) “file a motion to suppress his statements” to police; (C) “make proper objections to” an agent’s testimony; and (D) object to hearsay, vouching, and handgun evidence.  He also contends his attorney on direct appeal was ineffective in failing to challenge a trial court ruling on a juror’s conduct.  OPINION HOLDS: We affirm the district court’s denial of the postconviction-relief application.

Case No. 20-1525:  Daniel J. Lund and Susan M. Lund v. Brian L. Siegert and Paula M. Wagner

Filed Apr 13, 2022

View Opinion No. 20-1525

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (6 pages)

            Landowners appeal a district court’s determination that their neighbor established a boundary between their properties by acquiescence.  OPINION HOLDS: Substantial evidence supports the district court’s finding, so we affirm.

Case No. 20-1537:  Ramon Demetrius Harper v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 20-1537

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (23 pages)

            Ramon Harper appeals the denial of his application for postconviction relief.  He seeks a new trial on the grounds that (1) his trial counsel was ineffective, (2) he was deprived of his constitutional right to control his own defense, (3) his right to a jury drawn from a fair cross-section of the community was violated, and (4) the State engaged in purposeful racial discrimination in jury selection.  OPINION HOLDS: Finding no grounds for reversal, we affirm. 

Case No. 20-1591:  State of Iowa v. William M. Goodon

Filed Apr 13, 2022

View Opinion No. 20-1591

            Appeal from the Iowa District Court for Monona County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (9 pages)

            William Goodon appeals from his conviction for possession of methamphetamine, third or subsequent offense.  He argues the district court erred in admitting evidence a syringe and needle field-tested positive for methamphetamine and in admitting several out-of-court statements over his hearsay objections.  OPINION HOLDS: Any error in the admission of the field test results was harmless, and the out-of-court statements were either excepted from hearsay or substantially the same as other evidence in the record. 

Case No. 21-0053:  Michael Ray Wineinger v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 21-0053

            Appeal from the Iowa District Court for Pottawattamie County, Kathleen A. Kilnoski, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            Michael Ray Wineinger appeals the district court’s ruling finding his criminal trial counsel was not ineffective.  OPINION HOLDS: Trial counsel was not ineffective for failing to object to admission of a prior video recorded forensic interview of a sex abuse witness when the recording was admissible as a prior consistent statement under Iowa Rule of Evidence 5.801(d)(1)(B).  Wineinger failed to preserve his claim trial counsel was ineffective for failing to request a limiting jury instruction. 

Case No. 21-0123:  Angela Louise Kaspar v. Anthony Joshua Biermann

Filed Apr 13, 2022

View Opinion No. 21-0123

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother appeals a child custody decision awarding primary physical care of her child to his father.  OPINION HOLDS: Having reviewed the record, we find primary physical with his father to be in the child’s best interests and affirm the district court’s decision.

Case No. 21-0149:  In re the Marriage of Barr

Filed Apr 13, 2022

View Opinion No. 21-0149

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  AFFIRMED AS MODIFIED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by May, P.J.  (6 pages)

            Dan Barr appeals from the decree dissolving his marriage to Kelly Barr.  On appeal, he argues the district court should not have awarded Kelly spousal support.  Both parties seek appellate attorney fees.  OPINION HOLDS: The district court’s award of spousal support is beyond the equitable range, so we reduce it.  We decline to award either party appellate attorney fees.

Case No. 21-0215:  Rita McNeal and Cliff McNeal v. Wapello County, Wapello County Board of Supervisors

Filed Apr 13, 2022

View Opinion No. 21-0215

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Dissent by Greer, J.  (22 pages)

            The district court granted summary judgment to Wapello County on a breach-of-contract claim, finding the McNeals waived their right to contest the county’s removal of “derelict” vehicles.  OPINION HOLDS: Summary judgment was improperly granted.  We reverse and remand.  DISSENT ASSERTS: I dissent because I agree with the district court’s interpretation of the settlement agreement’s terms; nothing in the contract gave the McNeals a right to dispute the county’s discretion over the determination of what derelict vehicles needed to be removed to the county’s satisfaction.  I would affirm the district court's ruling on summary judgment.

Case No. 21-0216:  University of Dubuque v. Fairchild

Filed Apr 13, 2022

View Opinion No. 21-0216

            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 Bower, C.J.  (16 pages)

            Arising from an interpleader action filed by the University of Dubuque, Sharon Fairchild appeals the district court decision concerning the distribution of employee retirement plan benefits of her former spouse, the late Richard E. Cowart Jr.  Robilyn Cowart cross-appeals the district court’s ruling denying her request for attorney fees.  OPINION HOLDS: We affirm the district court on both issues.

Case No. 21-0251:  In re the Marriage of Tullis

Filed Apr 13, 2022

View Opinion No. 21-0251

            Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge.  AFFIRMED ON BOTH APPEALS, AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            Stephen Tullis appeals the spousal support provision in the parties’ dissolution decree.  Cathy Tullis cross-appeals, asking for an increase in the award of trial attorney fees and for an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s ruling requiring Stephen to pay $800 per month in spousal support.  We also affirm the award of trial attorney fees.  We remand to the trial court to determine Cathy’s appellate fees.

Case No. 21-0252:  State of Iowa v. Stone Thomas Graham

Filed Apr 13, 2022

View Opinion No. 21-0252

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (17 pages)

            Stone Graham appeals his convictions for assault on a peace officer with a firearm and assault with intent to inflict serious injury.  He contends the court violated his right against double jeopardy when it sentenced him to consecutive sentences on the two convictions.  He also claims evidence was admitted that was not relevant and unduly prejudicial.  OPINION HOLDS: We find the offenses do not merge.  Further, the district court did not abuse its discretion when admitting evidence.  We affirm.  

Case No. 21-0343:  State of Iowa v. Nathan Ray Tesch

Filed Apr 13, 2022

View Opinion No. 21-0343

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Gamble, S.J.  Opinion by Vaitheswaran, P.J. (10 pages)

            Nathan Tesch claims he was denied his right to a speedy trial under the Iowa and federal Constitutions and challenges the relevance and sufficiency of the evidence supporting his theft conviction.  OPINION HOLDS: The State did not violate the speedy-trial provisions of the United States Constitution or the Iowa Constitution.  The clinic office manager’s testimony regarding the replacement value of the safe was also relevant and substantial evidence of the value element of Tesch’s theft conviction. 

Case No. 21-0516:  State of Iowa v. Brice Shrimpton

Filed Apr 13, 2022

View Opinion No. 21-0516

            Appeal from the Iowa District Court for Carroll County, Adria Kester and Gina Badding, Judges.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Badding, J., takes no part.  Opinion by Doyle, S.J.  (9 pages)

            Brice Shrimpton appeals from his conviction of second-degree burglary claiming insufficient evidence and that the court considered an improper factor in sentencing him.  OPINION HOLDS: Viewing the evidence in a light most favorable to the State and the verdict, as we must, we find the evidence was sufficient to convince a rational jury that Shrimpton had the specific intent to commit an assault when he broke into the home.  The court’s consideration of Shrimpton’s lack of remorse for prior offenses is not grounds for vacation of the sentence.

Case No. 21-0541:  Charles Martin, Curtis Martin, and Bennett Machine & Fabricating, Inc. v. Jose G. Espinoza and Deere and Company

Filed Apr 13, 2022

View Opinion No. 21-0541

            Appeal from the Iowa District Court for Jones County, Paul D. Miller, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (8 pages)

            The plaintiffs appeal the dismissal of their petition due to a forum-selection clause.  OPINION HOLDS: Based on the record properly before us on a motion to dismiss, the forum-selection clause provides no bar to the plaintiffs pursuing and developing their claims in Iowa courts.

Case No. 21-0752:  Luana Savings Bank v. John Eveland, et al.

Filed Apr 13, 2022

View Opinion No. 21-0752

            Appeal from the Iowa District Court for Clayton County, Alan Heavens, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Luana Savings Bank appeals the district court’s order granting judgment in favor of John Eveland regarding a tax sale, right of redemption, and issuance of a tax deed.  OPINION HOLDS: We conclude Eveland satisfied the requirements of Iowa Code sections 447.9 and .12 (2019) and was entitled to a tax deed, and we affirm the court’s order.

Case No. 21-0796:  James Butler and Kateri Duncan v. Rajalakshmi Iyer, M.D., Mark Zlab, M.D., Douglas Schulte, M.D., The Iowa Clinic, PC, Iowa Digestive Disease Center, P.C., and Central Iowa Hospital Corporation d/b/a UnityPoint Health-Iowa Methodist Medical Center

Filed Apr 13, 2022

View Opinion No. 21-0796

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (20 pages)

            James Butler appeals the dismissal of his action against doctors and their employers based on his failure to substantially comply with the certificate-of-merit-affidavit requirement of Iowa Code section 147.140 (2020).  He contends the defendants waived their right to receive the affidavit by engaging in discovery before the deadline, that he substantially complied with the statute, and that expert witnesses were unnecessary for several claims.  OPINION HOLDS: We find the statute does not have a waiver provision.  We also find no substantial compliance.  Finally, because Butler needed expert witness testimony to establish each of his claims, section 147.140 applied, and the district court correctly dismissed the entire suit.

Case No. 21-0801:  In re the Marriage of Black

Filed Apr 13, 2022

View Opinion No. 21-0801

            Appeal from the Iowa District Court for Hamilton County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (12 pages)

            Alanna Black appeals the decree dissolving her marriage to David Black, challenging the district court’s award of physical care of the parties’ two children to David.  Alternatively, she requests expanded visitation.  OPINION HOLDS: Finding no cause for modifying the district court’s decree based on the issues raised on appeal, we affirm.

Case No. 21-0853:  State of Iowa v. Ashlie Danielle Rosales

Filed Apr 13, 2022

View Opinion No. 21-0853

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (6 pages)

            Ashlie Rosales appeals from her conviction for possession of methamphetamine, first offense.  She argues that insufficient evidence existed to prove she had knowing possession of the methamphetamine.  OPINION HOLDS: Sufficient evidence existed to allow a rational jury to find Rosales was in constructive possession of methamphetamine.

Case No. 21-0888:  Michael M. Sellers v. Amit Gupta

Filed Apr 13, 2022

View Opinion No. 21-0888

            Appeal from the Iowa District Court for Polk County, Jeanie Kunkle Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (19 pages)

            Attorney Michael Sellers appeals from the district court’s confirmation of an award decision from the Polk County Bar Association Attorney Fee Arbitration Committee following a fee dispute with Dr. Amit Gupta.  Gupta, in turn, states the district court should have awarded him prejudgment interest, attorney fees, and costs.  OPINION HOLDS: Because Sellers waived potential conflicts with an arbitrator and the Arbitration Committee remained within its proper scope, we affirm the district court’s confirmation of the award.  Further, Gupta did not establish a path for prejudgment interest and the court did not abuse its discretion by declining to award attorney fees and costs.  

Case No. 21-0907:  State of Iowa v. Chantell M. Grimm

Filed Apr 13, 2022

View Opinion No. 21-0907

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Chantell Grimm appeals her conviction for possession of methamphetamine, arguing the district court abused its discretion in allowing certain evidence to reach the jury.  OPINION HOLDS: The evidence was relevant to whether Grimm knowingly possessed methamphetamine.  And although it was inherently prejudicial, we cannot find its probative value was substantially outweighed by the danger of unfair prejudice or that the district court abused its discretion by admitting it.

Case No. 21-0913:  State of Iowa v. Danny Roy Church

Filed Apr 13, 2022

View Opinion No. 21-0913

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (6 pages)

            Danny Church appeals his sentence.  He argues the district court relied too heavily on the nature of his offense, downplaying several mitigating factors.  OPINION HOLDS: The sentencing court considered the sentencing factors and did not abuse its discretion by weighing some factors more heavily than others.  We affirm.

Case No. 21-0933:  Jesse Joe Blair v. Trish Beck n/k/a Trish Halder

Filed Apr 13, 2022

View Opinion No. 21-0933

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            Trish Beck, now known as Trish Halder, appeals the district court’s ruling modifying physical care of her daughter.  OPINION HOLDS: Because returning the child to the parties’ joint physical care was in the child’s best interests, we affirm the modification ruling.  

Case No. 21-0938:  State of Iowa v. Brady Murphy

Filed Apr 13, 2022

View Opinion No. 21-0938

            Appeal from the Iowa District Court for Cass County, Margaret Reyes, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Brady Murphy appeals the denial of his motion to suppress evidence based on the allegedly unlawful stop of his vehicle.  OPINION HOLDS: Because we conclude there was no reasonable suspicion to support a traffic stop under the circumstances presented, we reverse the district court’s suppression ruling, vacate Murphy’s conviction and sentence, and remand for further proceedings. 

Case No. 21-0995:  State of Iowa v. Henry Lamont Myles

Filed Apr 13, 2022

View Opinion No. 21-0995

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Henry Myles appeals the imposition of consecutive sentences upon his criminal convictions.  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentences imposed. 

Case No. 21-1044:  Brandyn T. Nolan Cobb v. Kelsey Eiler

Filed Apr 13, 2022

View Opinion No. 21-1044

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (9 pages)

            A mother appeals the district court’s decision granting physical care of the child to the father.  OPINION HOLDS: The district court properly placed the child in the father’s physical care.  The mother is not awarded appellate attorney fees.

Case No. 21-1066:  In the Interest of K.M., Minor Child

Filed Apr 13, 2022

View Opinion No. 21-1066

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A father appeals a juvenile court order terminating his parental rights.  On appeal, the father contends he did not abandon the child and termination of his parental rights is not in the best interests of the child.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

Case No. 21-1071:  Michael Alexander Lajeunesse v. The Iowa Board of Medicine

Filed Apr 13, 2022

View Opinion No. 21-1071

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

            Michael Lajeunesse appeals the order denying his petition for judicial review challenging the Iowa Board of Medicine’s “refus[al] to initiate disciplinary proceedings” against a licensee.  OPINION HOLDS: Because Lajeunesse’s claim against the licensee is not within the Board’s authority or jurisdiction to hear, we affirm the district court’s denial of relief.

Case No. 21-1130:  State of Iowa v. Dustin Jungvirt

Filed Apr 13, 2022

View Opinion No. 21-1130

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

            Dustin Jungvirt appeals his sentence on his conviction for insurance fraud, claiming the district court failed to properly consider which sentencing options would best rehabilitate the defendant.  OPINION HOLDS: We determine no abuse of discretion by the district court in sentencing the defendant.  Accordingly, we affirm. 

Case No. 21-1161:  Mark Douglas Haase v. State of Iowa

Filed Apr 13, 2022

View Opinion No. 21-1161

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Mark Haase appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Haase failed to prove breach of an essential duty by his trial counsel, we find he did not establish ineffective assistance of counsel in connection with any of the three grounds asserted in this appeal. We therefore affirm the district court’s denial of Haase’s application for postconviction relief.

Case No. 21-1229:  Gus Francis Cabrera III v. Stephanie Lynn Linxwiler

Filed Apr 13, 2022

View Opinion No. 21-1229

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., Schumacher, J., and Blane, S.J.  Opinion by May, P.J.  (8 pages)

            Gus Cabrera appeals from a decree establishing custody, physical care, and visitation of his child with Stephanie Linxwiler.  He challenges legal custody, physical care, the holiday care schedule, and child support.  OPINION HOLDS: We clarify the decree to provide the parents with joint legal custody.  This family is not a candidate for joint physical care.  We provide a more specific holiday schedule.  And we agree with Gus that the district court did not use the correct income for Stephanie when calculating child support.  So we remand to the district court recalculate child support.

Case No. 21-1355:  In re the Marriage of Boysen

Filed Apr 13, 2022

View Opinion No. 21-1355

            Appeal from the Iowa District Court for Pocahontas County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Chad Boysen appeals the support provisions and award of attorney fees in a temporary order entered during the proceedings to dissolve his marriage to Ann Boysen.  OPINION HOLDS: The district court appropriately used the parties’ 2020 incomes in determining child support.  Based on the parties’ respective earnings and needs, as well as the district court’s credibility findings, the award of spousal support was equitable.  The award of $2500.00 in temporary attorney fees is neither unreasonable nor untenable.  But we deny both parties’ requests for appellate attorney fees.

Case No. 21-1738:  In the Interest of Z.S., A.A., and T.A., Minor Children

Filed Apr 13, 2022

View Opinion No. 21-1738

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte Renze, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (20 pages)

            The mother of three children and the father of two separately appeal the termination of their parental rights.  The mother contests the grounds for termination, asserts the court should have allowed her additional time, claims termination is not in the children’s best interests, and argues the court erred in denying her request to place all three children in a guardianship with the maternal grandparents.  The father asserts the court should have granted him additional time to seek reunification and argues termination of his rights was not necessary because his children are safe in their placement with the paternal grandparents.  OPINION HOLDS: We affirm on both appeals.

Case No. 21-1914:  In the Interest of B.F.-C. and L.F.-C., Minor Children

Filed Apr 13, 2022

View Opinion No. 21-1914

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte Renze, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The grounds for termination were established, reasonable efforts were made, an extension is not appropriate, termination is in the children’s best interests, and the parent-child bonds do not outweigh the children’s best interests.  We affirm on both appeals.

Case No. 21-1951:  In the Interest of A.K. and A.K., Minor Children

Filed Apr 13, 2022

View Opinion No. 21-1951

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and none of the exceptions to termination should be applied.  We also find an extension of time for reunification is not appropriate in this case.  We affirm the decision of the juvenile court.

Case No. 21-1956:  In the Interest of A.A. and D.A., Minor Children

Filed Apr 13, 2022

View Opinion No. 21-1956

            Appeal from the Iowa District Court for Polk County, Lynn C.H. Poschner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A mother appeals the termination of her parental rights to two of her children.  She contends (1) the department of human services failed to “provide[] appropriate or meaningful reasonable efforts to reunify her with her children” and (2) termination was not in the children’s best interests.  OPINION HOLDS: On our de novo review, we agree with the district court that the department of human services satisfied its reasonable-efforts mandate and termination

Case No. 22-0004:  In the Interest of M.G. and S.R., Minor Children

Filed Apr 13, 2022

View Opinion No. 22-0004

            Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A guardian ad litem and the State of Iowa appeal the order denying a petition to terminate parental rights.  OPINION HOLDS: Given the children’s need for permanency, their best interests are served by terminating parental rights to allow adoption by their maternal aunt rather than placing the children in a long-term guardianship with her.

Case No. 22-0057:  In the Interest of L.E., Minor Child

Filed Apr 13, 2022

View Opinion No. 22-0057

            Appeal from the Iowa District Court for Des Moines County, Emily S. Dean, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother and child appeal the termination of the mother’s parental rights to the child, born in 2010.  Both contend the district court “erred in finding that an additional period of time would not correct the situation”; the State failed to prove the child could not be returned to the mother’s custody pursuant to Iowa Code section 232.116(1)(f) (2021); and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 22-0148:  In the Interest of A.K. and M.K., Minor Children

Filed Apr 13, 2022

View Opinion No. 22-0148

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

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because termination is in the children’s best interests, and we see no reason to believe the need for removal will end following an extension, we affirm. 

Case No. 22-0156:  In the Interest of B.T. and B.T., Minor Children

Filed Apr 13, 2022

View Opinion No. 22-0156

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (11 pages)

A father appeals the termination of his parental rights to his two children, arguing the evidence was insufficient to support termination, an exception to termination should have been applied, and he should have been granted additional time to work toward reunification.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the termination of the father’s parental rights.

Case No. 22-0188:  In the Interest of S.S., Minor Child

Filed Apr 13, 2022

View Opinion No. 22-0188

            Appeal from the Iowa District Court for Delaware County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother challenges the termination of her parental rights to her seven-year-old son.  She challenges the grounds for termination, the best-interest determination, and asks for more time to reunify.  OPINION HOLDS:  The evidence was clear and convincing, termination served the child’s best interests, and more time was unwarranted.  We affirm.

Case No. 22-0218:  In the Interest of A.M., Minor Child

Filed Apr 13, 2022

View Opinion No. 22-0218

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, born in 2020.  She contends (1) the department of human services failed to make reasonable efforts toward reunification; (2) termination was not in the child’s best interests; and (3) she should have been afforded an exception to termination based on her bond with the child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

Case No. 22-0260:  In the Interest of A.S. and N.S., Minor Children

Filed Apr 13, 2022

View Opinion No. 22-0260

            Appeal from the Iowa District Court for O’Brien County, Shawna L. Ditsworth, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (7 pages)

            The mother of A.S. and N.S. appeals the juvenile court’s child-in-need-of-assistance dispositional review order and finding of reasonable efforts.  OPINION HOLDS: We affirm.

Case No. 20-0212:  Coby Euans v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 20-0212

            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 Schumacher, J.  (8 pages)

            Coby Euans appeals the denial of his postconviction-relief application, claiming a breach of an essential duty by trial counsel and PCR counsel.  OPINION HOLDS: We find neither trial counsel nor PCR counsel breached an essential duty.

Case No. 20-0918:  Anthony Quinn v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 20-0918

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

            Anthony Quinn appeals the summary disposition of his postconviction-relief application as time-barred under Iowa Code section 822.3 (2019).  OPINION HOLDS: Because Quinn filed his application after the three-year statute of limitations had expired and because the ground-of-fact exception in section 822.3 did not apply to his newly-discovered-evidence claim, we affirm the district court’s summary disposition of his postconviction-relief application. 

Case No. 20-1050:  Anthony Sanders v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 20-1050

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (4 pages)

            Anthony Sanders appeals the denial of his application for postconviction relief (PCR).  OPINION HOLDS: Because more than three years passed between Sanders’s conviction becoming final and the filing of his PCR application, the district court correctly ruled that his PCR application is barred by the three-year statute of limitations.

Case No. 20-1179:  Michelle Lynn Kehoe v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 20-1179

            Appeal from the Iowa District Court for Buchanan County, David P. Odekirk, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (6 pages)

            Michelle Kehoe appeals from the district court order granting the State’s motion for summary disposition and dismissing her application for postconviction relief (PCR).  OPINION HOLDS: Even if we apply the relation-back framework to Kehoe’s successive PCR application, Kehoe’s PCR application was not filed promptly after the conclusion of her first PCR action.  Therefore, we affirm the denial of the application.

Case No. 20-1317:  Micah S. Matthews v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 20-1317

            Appeal from the Iowa District Court for Johnson County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (9 pages)

            Micah Matthews appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the summary disposition of Matthews’s application as time-barred.

Case No. 20-1467:  David Alan Feeback v. Swift Pork Company, Troy Mulgrew and Todd Carl

Filed Mar 30, 2022

View Opinion No. 20-1467

            Appeal from the Iowa District Court for Marshall County, Bethany Currie, Judge.  AFFIRMED IN PART; REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Tabor, J.  (15 pages)

            David Feeback appeals the grant of summary judgment on his claims of age discrimination, workplace harassment, and wrongful termination.  OPINION HOLDS: Considering Feeback’s evidence in the most favorable light, a jury could find Swift fired him because of his age.  So we reverse on the age discrimination claim and remand for trial.  But no genuine issues of material fact exist on the remaining claims, and we affirm summary judgment as to them.

Case No. 20-1514:  Tamera Atwell v. Ronald William Mehrhoff Jr.

Filed Mar 30, 2022

View Opinion No. 20-1514

            Appeal from the Iowa District Court for Wayne County, Patrick W. Greenwood, Judge.  REVERSED.  Considered by Tabor, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (10 pages)

            Ronald Mehrhoff Jr. appeals the district court ruling that he was unjustly enriched by payments his former romantic partner, Tamera Atwell, made toward a car loan in his name.  The court ordered Mehrhoff to pay Atwell $13,105.56.  Mehrhoff argues (1) Atwell should not be able to recover under the theory of unjust enrichment because there was an express agreement between the parties and (2) the twenty-seven payments Atwell made did not confer a benefit on him or, alternatively, that it was not unjust for him to retain the benefit of the payments.  OPINION HOLDS: Because an express agreement about the vehicle existed, we agree with Mehrhoff that the district court improperly applied the doctrine of unjust enrichment to this case.  We reverse. 

Case No. 20-1552:  In re the Marriage of Sundby

Filed Mar 30, 2022

View Opinion No. 20-1552

            Appeal from the Iowa District Court for Marion County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (25 pages)

            Taylor Sundby appeals the district court’s decree dissolving his marriage to Ali. OPINION HOLDS: We affirm the decree of dissolution and modify financial provisions.  We remand for further proceedings including a determination of appellate attorney fees. 

Case No. 20-1652:  Lance Capree Brooks v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 20-1652

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

            Lance Brooks appeals the dismissal of his second application for postconviction relief.  Brooks admits he filed this application after the three-year statute of limitations under Iowa Code section 822.3 (2020) had expired.  But he claims that his action is saved by the relation-back doctrine in Allison v. State, 914 N.W.2d 866 (Iowa 2018).  OPINION HOLDS: Because our legislature amended section 822.3 to abrogate Allison, Brooks is left without a lifeline.  Thus, we affirm the dismissal of his untimely application.

Case No. 20-1664:  David Clancy v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 20-1664

            Appeal from the Iowa District Court for Linn County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Schumacher, P.J.  (22 pages).

            An applicant appeals the denial of his postconviction-relief application.  He alleges his trial counsel was ineffective due to the failure to object to several instances of prosecutorial misconduct, the failure to object to the admissibility of evidence, and the failure to pursue alternative defenses.  OPINION HOLDS: Clancy has failed to meet his burden required for postconviction relief.  Consequently, we affirm. 

Case No. 21-0011:  State of Iowa v. Marquis Brumfield

Filed Mar 30, 2022

View Opinion No. 21-0011

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  JUDGMENT AND SENTENCES CONDITIONALLY AFFIRMED, RULING ON NEW TRIAL MOTION VACATED AND REMANDED.  Considered by Bower, C.J., Ahlers, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Marquis Brumfield appeals his convictions for going armed with intent, possession of a firearm by a felon, and carrying weapons.  He contends the trial court used the wrong standard in denying his motion for new trial and considered improper factors in imposing sentences.  OPINION HOLDS: The court employed an improper standard in ruling on the motion for new trial, but did not abuse its sentencing discretion.  We conditionally affirm the convictions and sentences but vacate the district court’s ruling on the motion for new trial and remand the case for the district court to apply the weight-of-the-evidence standard.

Case No. 21-0029:  Abigail Lee Carter v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-0029

            Appeal from the Iowa District Court for Marshall County, Bethany J. Currie, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

        Abigail Carter appeals the district court’s dismissal of her application for postconviction relief seeking resentencing under her chosen name.  OPINION HOLDS: Because Carter has not established the use of her legal name is objectively harmful enough to establish a constitutional violation or that the Iowa Department of Corrections exhibits deliberate indifference by using it, her claim of cruel and unusual punishment fails, and we affirm the dismissal of her application.

Case No. 21-0057:  Toby Ryan Richards v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-0057

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (5 pages)

            Toby Richards appeals the dismissal of his three applications for postconviction relief (PCR).  OPINION HOLDS: Richards is not entitled to relief relating to any of his three PCR applications.

Case No. 21-0129:  State of Iowa v. Christopher Buck

Filed Mar 30, 2022

View Opinion No. 21-0129

            Appeal from the Iowa District Court for Grundy County, Linda M. Fangman, Judge.  WRIT SUSTAINED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Christopher Buck appeals the denial of his application to modify sexual offender registration requirements, contending: (1) “the district court’s conclusion that [he] did not meet the threshold requirement of being low risk should be reversed as that conclusion was not supported by substantial evidence” and (2) “the district court abused its discretion in denying [his] application for modification.”  OPINION HOLDS: Because the focus here was on past crimes and past patterns of behavior, we sustain the writ and remand for consideration of the modification application in light of Fortune v. State, 957 N.W.2d 696 (Iowa 2021).

Case No. 21-0131:  State of Iowa v. Scott Lee Quillin

Filed Mar 30, 2022

View Opinion No. 21-0131

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge, and Christine Dalton, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (5 pages)

            A defendant appeals his sentence on grounds that the district court impermissibly sentenced him based on his decision to stand trial.  OPINION HOLDS: The district court properly based its decision on the defendant’s lack of remorse.  There was no abuse of discretion, and the sentence is affirmed.

Case No. 21-0140:  Rodney Fitzgerald Jackson v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-0140

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            Rodney Jackson appeals the dismissal of his application for postconviction relief (PCR).  He claims actual innocence and that he pleaded guilty in the underlying criminal action because he was under duress.  OPINION HOLDS: Jackson did not file a motion in arrest of judgment to raise his duress claim.  Because Jackson failed to raise the issue when he was first able to and does not provide a sufficient reason for failing to previously raise the issue, he cannot raise the issue for the first time in this PCR action.  Jackson’s actual innocence claim fails because video footage and police reports support his conviction for assault causing bodily injury.

Case No. 21-0213:  State of Iowa v. Benjamin Roy Monson

Filed Mar 30, 2022

View Opinion No. 21-0213

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Benjamin Monson appeals his convictions for two counts of third-degree sexual abuse.  OPINION HOLDS: Because Monson has failed to demonstrate that any prejudice arising from joinder outweighed the State’s interest in judicial economy, we find no abuse of discretion in the district court’s refusal to sever his charges.

Case No. 21-0265:  City of Harlan v. Jim Thygesen

Filed Mar 30, 2022

View Opinion No. 21-0265

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            Jim Thygesen appeals the district court’s ruling on judicial review reversing the decision of the Iowa Workers’ Compensation Commissioner awarding compensation benefits.  Thygesen contends the district court erred in “reaching different factual conclusions than the commissioner with respect to the date of injury and date of discovery” of his hearing loss and tinnitus.  OPINION HOLDS: Substantial evidence supported the findings that Thygesen’s injury manifested a decade before he filed his claim and Thygesen knew the injury was work related.  As the district court concluded, the agency’s contrary determination required reversal.

Case No. 21-0322:  In re the Marriage of Cannon

Filed Mar 30, 2022

View Opinion No. 21-0322

            Appeal from the Iowa District Court for Johnson County, Carl D. Baker, Judge.  AFFIRMED AS MODIFIED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (6 pages)

            A husband appeals the district court’s award of temporary spousal support to the wife.  OPINION HOLDS: The district court’s temporary spousal support award failed to do equity, and accordingly, a downward modification of the temporary spousal support award is appropriate.

Case No. 21-0335:  Sherry Williams v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-0335

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

            An applicant appeals the denial of her postconviction-relief application, in which she requested a new trial based on the discovery of new evidence.  OPINION HOLDS: Because the trial court’s findings of fact are supported by substantial evidence and the law was correctly applied, we affirm the district court’s dismissal of the application.

Case No. 21-0358:  State of Iowa v. Travis Jordan

Filed Mar 30, 2022

View Opinion No. 21-0358

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (7 pages)

            Travis Jordan appeals the denial of his motion to suppress.  OPINION HOLDS: Jordan’s claim fails under the United States and Iowa Constitutions, and the motion to suppress was properly denied.

Case No. 21-0359:  Christopher Craig Thompson v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-0359

            Appeal from the Iowa District Court for Allamakee County, Alan Heavens, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            Christopher Thompson appeals the district court’s order denying his application for postconviction relief (PCR).  OPINION HOLDS: Thompson has not shown his trial counsel provided ineffective assistance on his claims before this court.  We affirm the district court’s order denying Thompson’s PCR application.

Case No. 21-0394:  Jerrel Emanual Williams v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-0394

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Schumacher P.J., and Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (9 pages)

            Williams appeals the denial of his post-conviction relief (PCR) application.  OPINION HOLDS: Williams failed to meet his burden to establish that his trial counsel breached an essential duty.  Accordingly, his ineffective assistance of counsel claim fails and his PCR application was properly denied.

Case No. 21-0454:  In re the Marriage of Mills

Filed Mar 30, 2022

View Opinion No. 21-0454

            Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (14 pages)

            Erinn Mills appeals the decree dissolving her marriage to Jason Mills.  She argues the district court’s refusal to award her spousal support was inequitable.  OPINION HOLDS: We agree the denial of spousal support was inequitable.  Because the record shows little likelihood that Erinn’s disability will allow her to become self-supporting at a standard of living reasonably comparable to the one enjoyed during the marriage, and Jason has the ability to pay, we find the decree should be modified to provide Erinn with an award of traditional spousal support.  We affirm the dissolution decree as modified and remand. 

Case No. 21-0475:  Wyatt Johnson v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-0475

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            Wyatt Johnson appeals the dismissal of his second application for postconviction relief (PCR).  He contends the district court was wrong to summarily dismiss his application as time-barred, arguing Schmidt v. State, 909 N.W.2d 778 (Iowa 2018), is a new ground of law that allows him to raise the claim he is actually innocent of the 2009 murder to which he pled guilty outside the three-year statute of limitations for PCR actions.  In the alternative, he argues he received ineffective assistance from his PCR counsel.  OPINION HOLDS: Because Johnson’s claim of actual innocence is not based on a newly discovered fact that could not have been discovered within the three-year statute of limitations, the district court was correct to dismiss his application as time-barred.  Johnson failed to prove he suffered prejudice from PCR counsel’s alleged breach, so his claim of ineffective assistance fails.  We affirm.

Case No. 21-0483:  Charles Hasselmann v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-0483

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (10 pages)

            The applicant appeals summary dismissal of his second application for postconviction relief.  OPINION HOLDS: Dismissal was premature.  The applicant is entitled to an evidentiary hearing on his claims of ineffective assistance of counsel.

Case No. 21-0493:  State of Iowa v. Samuel Edward Seidell Jr.

Filed Mar 30, 2022

View Opinion No. 21-0493

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (6 pages)

            Samuel Seidell Jr. appeals the district court’s denial of his application to modify his sex offender registration requirements.  OPINION HOLDS: The court did not consider an improper factor and did not abuse its discretion in denying the application to modify, and we affirm. 

Case No. 21-0532:  State of Iowa v. Bruce Crane, Jr.

Filed Mar 30, 2022

View Opinion No. 21-0532

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J. (6 pages)

            Bruce Crane appeals the district court’s acceptance of the State’s motion to consolidate—and denial of his motion to sever—three sexual abuse and lascivious acts with a minor cases that the State filed against him.  OPINION HOLDS: The district court did not abuse its discretion in consolidating the three cases and denying Crane’s motion to sever. 

Case No. 21-0582:  State of Iowa v. Matthew Alan Garbers

Filed Mar 30, 2022

View Opinion No. 21-0582

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            Matthew Garbers appeals his convictions for two counts of possession of a controlled substance with prior offense enhancements.  OPINION HOLDS: Garbers was improperly sentenced on an enhanced possession charge when he was not charged with or found guilty of a charge with such enhancement.  On this matter, the decision of the district court is vacated and remanded.  There was sufficient evidence to support his conviction on the other enhanced possession charge, which we affirm.

Case No. 21-0593:  In re the Marriage of Redenius

Filed Mar 30, 2022

View Opinion No. 21-0593

            Appeal from the Iowa District Court for Wright County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Ryan Redenius appeals the support provisions of a temporary order entered during the proceedings to dissolve his marriage to Kara Redenius.  OPINION HOLDS: On our de novo review, we find that Ryan earns about $90,000.00 per year.  On this basis, we affirm the child-support determination.  In light of the parties’ earnings and Kara’s expenses, the award of spousal support is not inequitable and the award of $1000 in Kara’s temporary attorney fees is neither unreasonable nor untenable.  But we decline to award Kara appellate attorney fees.

Case No. 21-0633:  State of Iowa v. Russell Alan Larson

Filed Mar 30, 2022

View Opinion No. 21-0633

            Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (5 pages)

            Russell Larson appeals his convictions on two counts of second-degree sexual abuse, arguing his confession is insufficient to support his convictions absent sufficient other proof to corroborate his confession.  OPINION HOLDS: Being accompanied by other proof that he committed the offense, Larson’s confession was sufficient to support his convictions.  We affirm.

Case No. 21-0634:  State of Iowa v. Beau Gries

Filed Mar 30, 2022

View Opinion No. 21-0634

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Beau Gries appeals his methamphetamine conviction, arguing the State did not prove possession.  OPINION HOLDS: A reasonable jury could find Gries possessed methamphetamine.  We affirm. 

Case No. 21-0638:  State of Iowa v. Jeremiah Collins

Filed Mar 30, 2022

View Opinion No. 21-0638

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (5 pages)

            Jeremiah Collins pled guilty to carrying weapons and first-degree theft.  The district court sentenced Collins to two years and ten years, respectively, suspended both sentences, and placed Collins on probation.  The court indicated Collins would serve the imposed sentences consecutively if his probation was revoked in the future.  Collins appeals, arguing the court failed to state reasons for imposing consecutive terms.  OPINION HOLDS: The district court was required to give reasons for imposing consecutive terms—even when it suspended them.  Because the court failed to do so, we vacate Collins’s sentences and remand for resentencing. 

Case No. 21-0642:  Kading Properties LLC, an Iowa Limited Liability Company v. City of Indianola

Filed Mar 30, 2022

View Opinion No. 21-0642

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge. AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (18 pages)

            Kading Properties, LLC appeals from the annulment of their writ of certiorari following the Indianola City Council’s denial of their development site plans.  It argues the Council was required to make specific findings of fact, its decision was arbitrary and capricious against substantial evidence, and it acted beyond the scope of its powers.  OPINION HOLDS: The Council was required to provide their reasoning when denying Kading’s site plan.  But, as this was a directory duty rather than mandatory, the failure does not invalidate the proceedings.  The Council had evidence to support its decision, and was not acting outside of its given powers. 

Case No. 21-0694:  State of Iowa v. Heather L. Swanson

Filed Mar 30, 2022

View Opinion No. 21-0694

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

            Heather Swanson appeals her conviction for theft in the third degree, contending there is insufficient evidence she had the intent to permanently deprive the owner of their property. OPINION HOLDS: We find substantial evidence supports her conviction.  Accordingly, we affirm.

Case No. 21-0768:  State of Iowa v. Michael Alexander Coon

Filed Mar 30, 2022

View Opinion No. 21-0768

            Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Michael Coon challenges the sufficiency of the evidence supporting the jury’s convictions on two counts of second-degree sexual abuse and one count of child endangerment.  OPINION HOLDS: There is substantial evidence to support all three of the jury’s convictions.    

Case No. 21-0869:  In re the Marriage of Diercks

Filed Mar 30, 2022

View Opinion No. 21-0869

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Ahlers, J.  (12 pages)

            Brett Diercks appeals from the decree modifying the parties’ parenting schedule.  OPINION HOLDS: The district court properly granted the mother extended parenting time during the summer and properly required the parents to utilize a shared calendar for the children’s extracurricular activities without assigning priority to those activities on the calendar.  Further, the district court did not abuse its discretion in denying the father’s presentation of additional witnesses.

Case No. 21-0886:  Gage Steven Shellady v. Evangelene Glover

Filed Mar 30, 2022

View Opinion No. 21-0886

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Scott, S.J.  Opinion by Ahlers, J.  (11 pages)

            The mother appeals the district court’s grant of physical care to the child’s father.  OPINION HOLDS: The district court properly determined it is in the child’s best interests to be placed in the physical care of the father.

Case No. 21-0958:  In re the Marriage of Mahoney

Filed Mar 30, 2022

View Opinion No. 21-0958

            Appeal from the Iowa District Court for Johnson County, Kevin McKeever, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., May, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (8 pages)

            Kyle Mahoney appeals a temporary child support order, contending the district court erred in “adopting Tamara [Mahoney]’s calculations” regarding the amount of his income “without any written findings or explanation as to how this amount was appropriate or necessary to do justice between the parties.”  OPINION HOLDS: We reverse and remand for the court to consider whether it is appropriate to find the guidelines amount would be “unjust or inappropriate” under the child support guidelines set forth in Iowa Court Rule 9.11.

Case No. 21-0996:  Cavalry SPV I, LLC v. Kenneth W. Brown

Filed Mar 30, 2022

View Opinion No. 21-0996

            Appeal from the Iowa District Court for Fremont County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            Kenneth Brown appeals the district court’s order granting summary judgment in favor of Cavalry SPV I, LLC, a debt collector.  Brown argues the district court erred in (1) “finding that there was a binding agreement” with Citibank, N.A. “because there is no signed agreement or evidence of an oral or implied agreement” and (2) “awarding compensation for the claims in an amount that was not determinable.”  OPINION HOLDS: We conclude Brown did not generate an issue of material fact precluding entry of summary judgment and the district court did not err in granting summary judgment in favor of Cavalry.

Case No. 21-1000:  In re the Marriage of Manship

Filed Mar 30, 2022

View Opinion No. 21-1000

            Appeal from the Iowa District Court for Hardin County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (8 pages)

            Jacob Manship appeals the economic terms of the dissolution decree.  OPINION HOLDS:  The spousal support and attorney fee awards were equitable.  But given Jacob’s capacity to pay, we deny fees on appeal.

Case No. 21-1005:  Santenio Delamike Ackiss v. State of Iowa

Filed Mar 30, 2022

View Opinion No. 21-1005

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (12 pages)

            Santenio Ackiss appeals the denial of his application for postconviction relief (PCR) following his conviction for one count of child endangerment and one count of child endangerment causing bodily injury.  He argues he received ineffective assistance from trial counsel when trial counsel failed to make hearsay, Turecek, or Confrontation Clause objections to body camera footage allowed into evidence.  He also argues his counsel was ineffective in guiding him to waive his right to a jury trial.  OPINION HOLDS: Ackiss’s trial counsel breached no essential duty by not making meritless objections at trial.  Ackiss has failed to prove he suffered prejudice in having a bench trial rather than a jury trial.  We affirm the district court’s denial of his application for PCR.

Case No. 21-1021:  In re the Marriage of McCusker

Filed Mar 30, 2022

View Opinion No. 21-1021

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

            Sara McCusker appeals the physical care provisions of the decree dissolving her marriage to Adam McCusker.  Sara argues the court erred in denying her request for joint physical care of the parties’ two children and instead awarding Adam physical care.  In the alternative, she asserts the children should have been placed in her physical care.  Adam requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s physical care decision and deny Adam’s request for appellate attorney fees.  Costs on appeal are taxed to Sara.

Case No. 21-1056:  State of Iowa v. Kenneth Bryan Adams

Filed Mar 30, 2022

View Opinion No. 21-1056

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Kenneth Adams appeals his sentence, arguing he should have received probation.  OPINION HOLDS: The district court weighed all relevant sentencing factors and did not abuse its discretion by imposing a four-year term of incarceration.  We affirm.

Case No. 21-1091:  Lindsay Moses, n/k/a Lindsay Burman v. Zachary Ray Rosol

Filed Mar 30, 2022

View Opinion No. 21-1091

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (8 pages)

            A father appeals from the order modifying a custodial decree, which placed physical care of the child at issue with the mother and modified legal custody to give the mother the sole right and responsibility to make certain decisions regarding the child.  OPINION HOLDS: The mother established a material and substantial change in circumstances warranting modification of physical care, and she established she could provide the child with superior care.  So we affirm the placement of physical care with the mother.  However, because legal custody was not properly before the court, so we vacate the district court’s modification of the legal custody provision.  And we remand to the district court for entry of a corrected decree.

Case No. 21-1198:  State of Iowa v. Kyle Aaron Redmond

Filed Mar 30, 2022

View Opinion No. 21-1198

            Appeal from the Iowa District Court for Madison County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Kyle Redmond appeals the sentence imposed upon his conviction for serious injury by vehicle, arguing the sentencing court improperly failed “to sufficiently articulate reasons for the imposed sentence” and sentenced him “to prison without due consideration of mitigating factors.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentence imposed.

Case No. 21-1288:  In the Interest of I.D., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1288

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: A statutory ground for termination was established, an extension of time is not warranted, and termination is in the best interests of the child.

Case No. 21-1336:  In the Interest of W.M. and K.M., Minor Children

Filed Mar 30, 2022

View Opinion No. 21-1336

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

            A father appeals the private termination of his parental rights.  OPINION HOLDS: We affirm because the mother proved abandonment by clear and convincing evidence, the father did not financially contribute to support the children as ordered in his dissolution decree, and termination is in the best interests of the children. 

Case No. 21-1420:  In the Interest of J.B., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1420

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (18 pages)

            The mother of J.B. appeals the district court’s denial of her petition to terminate the father’s parental rights under Iowa Code chapter 600A (2021).  She contends the petition should have been granted because the father abandoned J.B. within the meaning of section 600A.8(3)(b) and termination of his rights is in J.B.’s best interests.  She also maintains she should not be required to pay for the father’s appellate attorney fees.  OPINION HOLDS: Because the mother proved the father abandoned J.B. and that termination of the father’s parental rights is in J.B.’s interest, we reverse the district court’s denial of the mother’s petition and remand for entry of an order consistent with this opinion.  We conclude there are no reasonable appellate attorney fees for the mother to pay. 

Case No. 21-1435:  In the Interest of E.I. and A.W., Minor Children

Filed Mar 30, 2022

View Opinion No. 21-1435

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            A mother appeals the termination of her parental rights to her two children under Iowa Code section 232.116(1)(f) (2021).  She challenges the sufficiency of the evidence supporting the ground for termination, argues termination is contrary to the children’s best interests, contends the court should have applied exceptions to termination, and asserts the court erred in declining to establish a guardianship in lieu of termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

Case No. 21-1446:  Earling Grain and Feed and Firemens Insurance Co. of Washington DC v. Ricky Martin

Filed Mar 30, 2022

View Opinion No. 21-1446

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

            An employer and its insurer appeal from a district court ruling upholding the workers’ compensation commissioner’s decision.  OPINION HOLDS: Giving the due deference we are statutorily obligated to afford the commissioner’s findings of fact, we reach the same conclusions as the district court.  We therefore affirm.

Case No. 21-1469:  State of Iowa v. John Scott Miller

Filed Mar 30, 2022

View Opinion No. 21-1469

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J. and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            John Miller appeals the district court’s finding that he refused chemical testing requested in accordance with Iowa Code section 321J.6 (2021), as well as the district court’s statement “[o]ther than a[n] unequivocal consent is a refusal.”  OPINION HOLDS: The district court did not err in finding Miller refused chemical testing or stating that anything other than unequivocal consent is a refusal.

Case No. 21-1513:  In the Interest of T.T. and D.J., Minor Children

Filed Mar 30, 2022

View Opinion No. 21-1513

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (6 pages)

            A mother and father separately appeal following the termination of the mother’s parental rights.  OPINION HOLDS: We affirm the juvenile court.  The father does not have standing to challenge the termination of the mother’s rights.  And the State proved a statutory ground for termination and that termination is in the best interests of the children. 

Case No. 21-1529:  In the Interest of I.K. and A.B., Minor Children

Filed Mar 30, 2022

View Opinion No. 21-1529

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

            A mother appeals the termination of her parental rights to two of her children.  OPINION HOLDS: The State established a statutory ground authorizing termination.  Termination is in the children’s best interests.  We apply no permissive exception to preclude termination.  And the mother did not preserve her guardianship request for appeal.

Case No. 21-1681:  In the Interest of D.M., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1681

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (4 pages)

            The juvenile court terminated the mother’s parental rights to D.M., born in 2019, under Iowa Code section 232.116(1)(b), (e), and (h) (2021).  On appeal, the mother focuses her argument on a request for more time, urging the delay would cause no harm to D.M., who is in the care of the child’s father.  With more time, the mother argues her involvement in D.M.’s life could be regulated by a bridge order rather than through termination proceedings.  OPINION HOLDS: Another extension of time is not appropriate, and applying an exception to save the parent-child relationship is not in D.M.’s best interests.  We affirm.

Case No. 21-1728:  In the Interest of A.H. and A.H., Minor Children

Filed Mar 30, 2022

View Opinion No. 21-1728

            Appeal from the Iowa District Court for Calhoun County, Joseph McCarville, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            The State appeals the dismissal of CINA petitions on two children.  OPINION HOLDS: Because on de novo review we find the State proved the adjudication ground under Iowa Code section 232.2(6)(c)(2) (2021) by clear and convincing evidence, we reverse and remand with directions to enter adjudication orders. 

Case No. 21-1736:  In the Interest of E.W., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1736

            Appeal from the Iowa District Court for Polk County, Romonda D. Belcher, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (8 pages)

            The father appeals the district court order adjudicating E.W. as a child in need of assistance.  He contests the sufficiency of the State’s evidence and the admission of hearsay at the adjudication hearing.  OPINION HOLDS: Finding clear and convincing proof to support the child-in-need-of-assistance adjudication and no reversible error in the admission of evidence, we affirm.

Case No. 21-1755:  In the Interest of K.S., J.S., V.S., and J.S., Minor Children

Filed Mar 30, 2022

View Opinion No. 21-1755

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

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence establishes the grounds for terminating the mother’s parental rights under Iowa Code section 232.116(1)(f) (2021).  Because termination is in the children’s best interests and none of the situations listed in section 232.116(3) weigh against termination, we affirm.

Case No. 21-1817:  In the Interest of B.C.-S, Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1817

            Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State proved a statutory ground for termination and that termination of the mother’s parental rights is in the child’s best interests.  Allowing six additional months for reunification would not remedy the issues that gave rise to the child’s removal.

Case No. 21-1849:  In the Interest of K.H., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1849

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

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS: Because clear and convincing evidence shows the child cannot be returned to the mother’s care, the State has established the grounds for termination under Iowa Code section 232.116(1)(h) (2021).  Termination is in the child’s best interests, and the child’s placement with a relative does not alter our determination.

Case No. 21-1860:  In the Interest of B.L., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1860

            Appeal from the Iowa District Court for Winnebago County, Karen Salic, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals the termination of her parental rights, claiming the juvenile court should have applied a permissive exception to preclude termination of her parental rights.  OPINION HOLDS: We affirm the decision of the juvenile court.

Case No. 21-1942:  In the Interest of L.C., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1942

            Appeal from the Iowa District Court for Union County, Monty W. Franklin, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            A mother appeals the termination of her parental rights to a child, contending termination “was not in the child’s best interests.”  OPINION HOLDS: On our de novo review, we agree with the district court that the child’s safety would have been compromised had the child been returned to her mother’s custody.  In other words, termination was in the child’s best interests. 

Case No. 21-1962:  In the Interest of J.E., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1962

            Appeal from the Iowa District Court for Greene County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because the State provided clear and convincing evidence to find that the mother and child could not be reunified at the time of the termination hearing, we affirm the juvenile court’s termination of the mother’s parental rights.

Case No. 21-1970:  In the Interest of G.L., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1970

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (9 pages)

            A father appeals the termination of his parental rights.  He argues he should have been granted a six-month extension, the court should have created a guardianship, and that the court should have invoked a statutory exception to termination because the child was in the custody of a family member.  OPINION HOLDS: The father did not prove reunification would be possible after an additional six months.  A guardianship is not in the child’s best interests.  The father did not preserve error on the statutory exception.

Case No. 21-1972:  In the Interest of A.A., C.W., and M.W., Minor Children

Filed Mar 30, 2022

View Opinion No. 21-1972

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights to three children.  She challenges the grounds for termination, argues termination is contrary to the children’s best interests due to the closeness of the parent-child bonds, additional time would rectify the situation, and a guardianship should have been established in lieu of termination.  OPINION HOLDS: We affirm the termination of the mother’s rights.

Case No. 21-1979:  In the Interest of J.B., Minor Child

Filed Mar 30, 2022

View Opinion No. 21-1979

            Appeal from the Iowa District Court for Osceola County, David C. Larson, District Associate Judge.  REVERSED AND REMANDED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (8 pages)

            The mother and father separately appeal the termination of their parental rights.  They allege a denial of due process because they were not given notice of the termination hearing.  And they allege a denial of due process because the juvenile court terminated their rights without holding a dispositional hearing.  Finally, they contend the court erred in terminating their parental rights.  OPINION HOLDS: Because the parents were not given notice of the termination hearing and were denied due process, we vacate the termination order and remand for further proceedings. 

Case No. 21-2006:  In the Interest of J.A. and L.A., Minor Children

Filed Mar 30, 2022

View Opinion No. 21-2006

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination 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. 22-0003:  In the Interest of K.L. and K.L., Minor Children

Filed Mar 30, 2022

View Opinion No. 22-0003

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother challenges the termination of her parental rights.  OPINION HOLDS: Termination is in the children’s best interests, and the mother did not establish a permissive exception precludes termination.  We affirm.

Case No. 22-0046:  In the Interest of J.J., C.J., and E.J., Minor Children

Filed Mar 30, 2022

View Opinion No. 22-0046

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

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: The children cannot be safely returned to their mother’s care.  And termination best serves their long-term needs.  We affirm.

Case No. 22-0076:  In the Interest of T.D. and A.C., Minor Children

Filed Mar 30, 2022

View Opinion No. 22-0076

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (5 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: Neither parent challenges the statutory grounds authorizing termination under Iowa Code section 232.116(1)(d) (2021), so they waived error and the court affirms on that ground.  Termination is in the children’s best interests and neither parent’s bond with their respective children is so strong to preclude termination.  The juvenile court never ruled on the mother’s request to establish a guardianship as an alternative to termination, so it is not preserved for our consideration.

Case No. 22-0082:  In the Interest of K.O. and Z.O., Minor Children

Filed Mar 30, 2022

View Opinion No. 22-0082

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (3 pages)

A father appeals the termination of his parental rights, arguing a guardianship should have been established in lieu of termination.  OPINION HOLDS: We affirm the termination of the father’s parental rights. 

Case No. 22-0137:  In the Interest of J.B., H.B. and N.B., Minor Children

Filed Mar 30, 2022

View Opinion No. 22-0137

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

            A mother appeals the termination of her parental rights to three children, contending (1) the State failed to prove the grounds for termination cited by the district court; (2) termination of her parental rights was not in the children’s best interests; and (3) she should have been granted “additional time to reunify” with the children.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the three children.

Case No. 22-0149:  In the Interest of B.C., Minor Child

Filed Mar 30, 2022

View Opinion No. 22-0149

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            A mother appeals the termination of her parental rights, contending there was not clear and convincing evidence the child could not be returned to her care at the time of the termination hearing and termination is not in the child’s best interests.  OPINION HOLDS: Because a ground for termination exists and termination is in the child’s best interests, we affirm.

Case No. 22-0151:  In the Interest of I.N. and N.N., Minor Children

Filed Mar 30, 2022

View Opinion No. 22-0151

            Appeal from the Iowa District Court for Linn County, Carrie Bryner, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  The statutory grounds for termination were met, termination was in the children’s best interests, and a permissive exception does not preclude termination.  Accordingly, termination was properly ordered.

Case No. 22-0157:  In the Interest of A.G., Minor Child

Filed Mar 30, 2022

View Opinion No. 22-0157

            Appeal from the Iowa District Court for Union County, Monty Franklin, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            The mother of A.G., born in 2019, appeals the termination of her parental rights.  The juvenile court terminated the mother’s rights pursuant to Iowa Code section 232.116(1)(b), (d), (e), (h), and (l) (2021).  The mother purports to challenge each of the statutory grounds for termination and argues the loss of her parental rights is not in the child’s best interests.  OPINION HOLDS: We affirm.

Case No. 22-0179:  In the Interest of G.K., Minor Child

Filed Mar 30, 2022

View Opinion No. 22-0179

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother failed to properly challenge all statutory grounds for termination, termination was in the child’s best interests, and granting an additional six months to work towards reunification is unwarranted.

Case No. 22-0212:  In the Interest of E.H. and L.H., Minor Children

Filed Mar 30, 2022

View Opinion No. 22-0212

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            A father appeals the juvenile 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 and termination is in the children’s best interests.  We affirm the termination of the father’s parental rights.

Case No. 19-1748:  State of Iowa v. Abdalla Elehamir Mousa

Filed Mar 02, 2022

View Opinion No. 19-1748

            Appeal from the Iowa District Court for Polk County, William Kelly and Scott D. Rosenberg, Judges.  AFFIRMED.  Considered by Ahlers, P.J., Potterfield, S.J., and Mullins, S.J.  Opinion by Potterfield, S.J.  (14 pages)

            Abdalla Mousa appeals his conviction for third-degree sexual abuse, contending there is insufficient evidence the sex act was “by force or against the will of” the complainant, C.K.  Mousa also asserts the trial court erred in allowing hearsay statements made ten to twelve hours after the incident as an excited utterance; the court improperly instructed the jury as requested by defense counsel; counsel were ineffective in requesting an erroneous jury instruction; and the court improperly concluded his waiver of Miranda rights was knowing, intelligent, and voluntary.  OPINION HOLDS: Finding sufficient evidence supports the conviction for third-degree sexual abuse, no error in admitting C.K.’s excited utterances, and that Mousa’s Miranda waiver was knowing and voluntarily entered, we affirm the conviction.  We do not address claims of ineffective assistance of counsel on direct appeal.

Case No. 20-0392:  Keith Terrell Bass v. Iowa District Court for Scott County

Filed Mar 02, 2022

View Opinion No. 20-0392

            Certiorari to the Iowa District Court for Scott County, Stuart P. Werling, Judge.  WRIT SUSTAINED AND REMANDED.  Considered by May, P.J., Potterfield, S.J., and Mullins, S.J.  Opinion by Potterfield, S.J.  (4 pages)

            In a certiorari action, Keith Bass challenges the district court’s summary denial of his request for a restitution hearing in two separate cases.  OPINION HOLDS: We sustain Bass’s writ of certiorari; on remand, the district court should consider his reasonable ability to pay the court costs in FECR361040 and FECR362818.  Bass is not entitled to appointed counsel for the restitution hearing.   

Case No. 20-0709:  Arthur Lamar Benson v. State Public Defender

Filed Mar 02, 2022

View Opinion No. 20-0709

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The State Public Defender (SPD) appeals an order to pay expert witness fees.  OPINION HOLDS: The applicant’s entitlement to one attorney is the only issue properly presented for our review.  The witness was serving as an expert witness, not an additional attorney representing the applicant.  We find no error in the court’s conclusion that the SPD improperly denied the fee claim.

Case No. 20-1273:  State of Iowa v. Corey Larvick

Filed Mar 02, 2022

View Opinion No. 20-1273

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  WRIT ANNULLED.  Heard by Vaitheswaran, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (9 pages)

            Corey Larvick challenges the district court’s denial of his application to modify sex-offender-registration requirements.  OPINION HOLDS:  Larvick should have initiated this proceeding by writ of certiorari, but, nonetheless, we still reach the merits of his argument.  The district court did not abuse its discretion in denying Larvick’s request.

Case No. 20-1369:  In re the Marriage of Rossow

Filed Mar 02, 2022

View Opinion No. 20-1369

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by May, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (8 pages)

            Daniel Rossow appeals and Linda Rossow cross-appeals the ruling on Linda’s motion to modify the child custody and visitation provisions of the decree dissolving their marriage.  OPINION HOLDS: Because a substantial and material change in circumstances warrants modifying the physical care provisions of the dissolution decree, we reverse the modification ruling to grant Linda physical care of the parties’ children and remand to the district court to determine an appropriate visitation schedule and Daniel’s child support obligation based on the present financial circumstances of the parties and the child support guidelines.  We decline to award appellate attorney fees.

Case No. 20-1421:  Mohamed Hassan Ali v. State of Iowa

Filed Mar 02, 2022

View Opinion No. 20-1421

            Appeal from the Iowa District Court for O’Brien County, Charles Borth, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Mohamed Hassan Ali appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: The district court did not err in determining Ali’s application was time-barred under Iowa Code section 822.3 (2020).  We affirm.

Case No. 20-1453:  State of Iowa v. Kelvin Lynell Scott

Filed Mar 02, 2022

View Opinion No. 20-1453

            Appeal from the Iowa District Court for Black Hawk County, William Patrick Wegman, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  Dissent by May, J.  (16 pages) 

            Kelvin Scott appeals his convictions for operating while intoxicated, second offense, and driving while barred.  He contends his pleas were unknowing and involuntary.  OPINION HOLDS: Granting discretionary review, we find the district court did not abuse its discretion in denying Scott’s motion in arrest of judgment seeking to withdraw his pleas.  We affirm.  DISSENT ASSERTS: Although the parties have briefed the jurisdictional question, the defendant has provided no viable argument for jurisdiction.  So I believe we should dismiss.  I respectfully dissent.

Case No. 20-1630:  Imere De'Jon Hall v. State of Iowa

Filed Mar 02, 2022

View Opinion No. 20-1630

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by May, J.  (9 pages)

            Imere Hall appeals the dismissal of his application for postconviction relief.  Hall claims his trial counsel and postconviction counsel were constitutionally ineffective and that the doctrine of cumulative error applies.  OPINION HOLDS: We find his respective counsel acted appropriately and cumulative error does not apply.  So we affirm the postconviction court.

Case No. 20-1698:  Zachary Szuminski v. State of Iowa

Filed Mar 02, 2022

View Opinion No. 20-1698

            Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Zach Szuminski appeals the denial of his application for postconviction relief.  OPINION HOLDS: Szuminski failed to prove the prejudice necessary to find his trial counsel ineffective, as he failed to prove he would have insisted on going to trial if he had been correctly informed of the duration of his sex offender registration obligation.

Case No. 21-0047:  Mark Hopper v. City of Waterloo

Filed Mar 02, 2022

View Opinion No. 21-0047

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (12 pages)

            Mark Hopper appeals the district court’s dismissal of his petition seeking title to property awarded to the City of Waterloo under Iowa Code section 657A.10A (2019).  OPINION HOLDS: The district court did not err because Hopper was not the real party in interest, he was foreclosed from arguing he was entitled a guardian ad litem, and his petition otherwise constitutes an impermissible collateral attack that was filed more than one year after entry of judgment.

Case No. 21-0050:  Cadles of West Virginia, LLC, substituted for NCP East LLC v. Midwest Biologics, LLC, Advanced Wellness Sports and Spine, P.C., and Brett C. Lockman, Defendants-Appellants

Filed Mar 02, 2022

View Opinion No. 21-0050

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Mullins, S.J., and Blane, S.J.  Opinion by Blane, S.J.  (13 pages)

            In this mortgage foreclosure action, the borrower/mortgagor and guarantors appeal the district court’s grant of summary judgment in favor NCP East LLC, the mortgagee assignee.  They assert NCP, succeeded in interest by Cadles of West Virginia, LLC, failed to submit proof of undisputed facts as required by Iowa Rule of Civil Procedure 1.981(3) and was not entitled to summary judgment or, in the alternative, the court should have granted a continuance of the hearing on the motion to allow discovery under Iowa Rule of Civil Procedure 1.981(6).  OPINION HOLDS: The district court correctly determined that NCP’s affidavits were based on personal knowledge, that the undisputed facts established that there was no genuine issue of material fact, that NCP was entitled to summary judgment, and Midwest Biologics, LLC’s motion for opportunity to conduct discovery in this mortgage foreclosure action was properly denied.  We affirm.

Case No. 21-0199:  Brittany Ione Saxton v. Andrew Lee Kahill, Jr.

Filed Mar 02, 2022

View Opinion No. 21-0199

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (10 pages)

            A father appeals a protective order against him in favor of his child’s mother.  OPINION HOLDS: The mother did not meet her burden of proof.  We reverse and remand.

Case No. 21-0229:  Dante Kwan Rhodes v. State of Iowa

Filed Mar 02, 2022

View Opinion No. 21-0229

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (13 pages)

            Dante Rhodes appeals the denial of his application for postconviction relief (PCR) following his conviction for two counts of delivery of a controlled substance (heroin).  Rhodes re-raises the same claims he raised to the district court, arguing he received ineffective assistance from trial counsel when counsel failed to move (1) for dismissal of the underlying criminal charges because the statute of limitations had lapsed and (2) for suppression of evidence obtained during the execution of a search warrant that was not supported by probable cause.  OPINION HOLDS: Rhodes failed to prove the motions would have been successful, so we cannot find counsel had a duty to pursue them and Rhodes’s claims of ineffective of assistance of counsel fail.  We affirm the district court’s denial of his application for PCR.    

Case No. 21-0331:  Mark B. Irland v. Iowa Board of Medicine

Filed Mar 02, 2022

View Opinion No. 21-0331

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

            Dr. Mark B. Irland appeals the dismissal of his petition for judicial review regarding a confidential clinical competency evaluation ordered by the Iowa Board of Medicine (the “Board”).  OPINION HOLDS: Because Dr. Irland has not overcome the doctrine of exhaustion of administrative remedies or satisfied the requirements for immediate judicial review, there is no jurisdiction for judicial review at this time.  We affirm the district court's order granting the Board’s motion to dismiss.

Case No. 21-0362:  State of Iowa v. Trenton Michael Brown

Filed Mar 02, 2022

View Opinion No. 21-0362

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            Trenton Michael Brown appeals his convictions on charges of disarming a police officer with discharge of a weapon, assault on a police officer causing bodily injury, and fourth-degree criminal mischief.  OPINION HOLDS: Because substantial evidence did not raise concerns about Brown’s competency following the initial competency evaluation, the district court had no duty to inquire further into Brown’s competency.

Case No. 21-0387:  State of Iowa v. Jeanne Brown

Filed Mar 02, 2022

View Opinion No. 21-0387

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages).

            Jeanne Brown appeals her sentence following her guilty plea.  OPINION HOLDS: The sentencing court did not misinterpret the presentence investigation report.  And the court did not abuse its discretion by declining to adopt the sentencing recommendation in the presentence investigation report or the parties’ sentencing recommendation.

Case No. 21-0437:  In the Interest of J.V., Minor Child

Filed Mar 02, 2022

View Opinion No. 21-0437

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (4 pages)

            A mother challenges the private termination of her parental rights, alleging she did not receive statutorily required notice of her right to counsel and or of a videoconference hearing.  OPINION HOLDS: The notice served on the mother did not comply with statutory requirements; therefore, we reverse and remand for further proceedings.

Case No. 21-0438:  In re the Marriage of Snyder

Filed Mar 02, 2022

View Opinion No. 21-0438

            Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, J.J.  Opinion by Schumacher, J.  (17 pages)

            A former spouse appeals from a dissolution decree, claiming the district court improperly enforced a premarital agreement and awarded her insufficient spousal support.  OPINION HOLDS: We affirm.

Case No. 21-0446:  State of Iowa v. Curtis Lee Walter

Filed Mar 02, 2022

View Opinion No. 21-0446

            Appeal from the Iowa District Court for Tama County, Nicholas Scott, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J. (9 pages)

            Curtis Walter appeals his conviction for operating while intoxicated.  He argues the evidence supporting his conviction is insufficient to show he was under the influence of a drug.  OPINION HOLDS: Finding the evidence sufficient to support Walter’s conviction, we affirm. 

Case No. 21-0477:  In re the Marriage of Davis

Filed Mar 02, 2022

View Opinion No. 21-0477

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED AS MODIFIED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (19 pages)

            Julie Davis appeals from the dissolution decree that ended a fifty-six-year marriage.  OPINION HOLDS: The district court properly excluded the former husband’s gifted property from the marital estate, and, given the circumstances, the allocation was equitable.  But given the lopsided distribution, we increase the spousal support award.  Attorney fees are denied.

Case No. 21-0481:  State of Iowa v. Matthew David Fell

Filed Mar 02, 2022

View Opinion No. 21-0481

            Appeal from the Iowa District Court for Black Hawk County, Patrice Eichman, District Associate Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (2 pages)

            Matthew Fell appeals the district court’s acceptance of his guilty plea and imposition of a judgment because his plea was not knowingly, voluntarily, and intelligently entered and he received ineffective assistance of standby counsel.  OPINION HOLDS: Fell cannot establish good cause to appeal from his guilty plea because he waived his right to file a motion in arrest of judgment after being adequately advised of his right to do so, and this court is without authority to decide ineffective-assistance claims on direct appeal.

Case No. 21-0487:  State of Iowa v. Rick Petro

Filed Mar 02, 2022

View Opinion No. 21-0487

              Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  Dissent by Vaitheswaran, J.  (6 pages)

            Rick Petro appeals the extension of a no-contact order prohibiting him from contacting his former spouse.  OPINION HOLDS: Because substantial evidence in the record supports the district court’s perception of a continuing threat, we affirm the five-year extension of the no-contact order.  DISSENT ASSERTS: I respectfully dissent.  I would conclude there is insubstantial evidence to support extension of the no-contact order.

Case No. 21-0490:  Alevia Green v. North Central Iowa Regional Solid Waste Authority and IMWCA

Filed Mar 02, 2022

View Opinion No. 21-0490

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            In this review-reopening action, an employer and its insurer appeal the district court’s reversal of the workers’ compensation commissioner’s grant of summary judgment in their favor.  OPINION HOLDS:  Because we agree the commissioner erred in granting the employer’s motion for summary judgment, we affirm with directions to remand to the agency for further proceedings.

Case No. 21-0556:  Richard Grout as Trustee of the Helen Schardein 2018 Revocable Trust v. Dan R. Sickels

Filed Mar 02, 2022

View Opinion No. 21-0556

            Appeal from the Iowa District Court for Ringgold County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (15 pages)

            Dan Sickels appeals a district court ruling granting a petition for partition of real property by sale and the court’s award of the net proceeds.  Sickels argues the court erred in determining his interest in the property as a joint tenant with full rights of survivorship was divested and not awarding him one-half of the proceeds from the sale.  OPINION HOLDS: Finding no error in the court’s determination that the joint tenancy was severed or in its award of the net proceeds, we affirm. 

Case No. 21-0576:  James Ragen Wheeler v. Linda S. Bell

Filed Mar 02, 2022

View Opinion No. 21-0576

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (5 pages)

            James Wheeler appeals a summary judgment ruling dismissing his petition to foreclose a mechanic’s lien.  OPINION HOLDS: James’s claim is an impermissible collateral attack on the probate court’s ruling extinguishing all liens on the property, and we affirm.

Case No. 21-0712:  Lavelle Lonelle McKinley v. State of Iowa

Filed Mar 02, 2022

View Opinion No. 21-0712

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (3 pages)

            Lavelle Lonelle McKinley appeals from the summary dismissal of his application for postconviction relief.  OPINION HOLDS: The district court did not err in determining McKinley’s application was time-barred, and we affirm.

Case No. 21-0762:  State of Iowa v. Michael Lynn Cosper, Jr.

Filed Mar 02, 2022

View Opinion No. 21-0762

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (10 pages)

            Michael Cosper Jr. appeals his sentencing following a guilty plea.  Though the plea agreement outlined a contested sentencing hearing, Cosper argues that the prosecutor violated the terms and spirit of his plea agreement by referencing his criminal history.  He also believes the district court abused its discretion by imposing consecutive sentences.  OPINION HOLDS:  Because the prosecutor did not violate the terms of the agreement or express material reservations about them, there was no prosecutorial misconduct that would invalidate the sentence.  As the district court provided sufficient explanation for its sentencing decision, it did not abuse its discretion.  We affirm the sentence.  

Case No. 21-0765:  Cornbelt Running Club v. City of Riverdale

Filed Mar 02, 2022

View Opinion No. 21-0765

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

            Cornbelt Running Club appeals the district court’s grant of the City of Riverdale’s motion for summary judgment based on the finding that a paved path on the City’s public right of way does not constitute a “street” for purposes of Iowa Code section 657.2(5) (2020).  OPINION HOLDS: The paved path does not constitute a “street” for purposes of section 657.2(5) because the path is not used for vehicular traffic and does not otherwise obstruct or affect the flow of vehicular traffic.

Case No. 21-0775:  Stacie Caldwell v. Casey's General Stores, Inc., Casey's Marketing Company and Casey's Retail Company

Filed Mar 02, 2022

View Opinion No. 21-0775

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Stacie Caldwell appeals the order granting summary judgment for her employer on her sex-discrimination claim.  OPINION HOLDS: The district court correctly determined that Caldwell has not shown a male employee was similarly situated to her and treated differently.  Because she produced no other evidence to generate a question of fact over whether the reason for her termination was pretext for discrimination, we affirm.

Case No. 21-0823:  In re the Marriage of Peckumn

Filed Mar 02, 2022

View Opinion No. 21-0823

            Appeal from the Iowa District Court for Greene County, Adria Kester, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (10 pages)

            Thomas Peckumn appeals the physical-care and monetary provisions of his dissolution of marriage decree from Jessica Peckumn.  He contends that the equalization payment was inequitable based on a fortuitous appreciation of farm property and other minor miscalculations and that he should be awarded physical care.  OPINION HOLDS: Because the district court’s distribution was fair under the circumstances, we reject Thomas’s argument about the fortuitous appreciation of the farm property.  But we reduce the equalization payment to reflect miscalculations of the non-real estate assets and to account for taxes and advance attorney fees.  And, promoting continuity of caregiving during the marriage, we affirm the physical care award to Jessica.

Case No. 21-0903:  State of Iowa v. Antoine Flournoy Jr.

Filed Mar 02, 2022

View Opinion No. 21-0903

            Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J. (5 pages)

            Antoine Flournoy Jr. appeals his sentences for conspiracy to commit a forcible felony as a habitual offender and possession of a firearm as a felon.  OPINION HOLDS: We find the district court did not abuse its discretion by sentencing Flournoy to a term of imprisonment.  We affirm Flournoy’s sentences.

Case No. 21-1510:  In the Interest of M.O., Minor Child

Filed Mar 02, 2022

View Opinion No. 21-1510

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            A mother appeals the termination of her parental rights.  She argues the State failed to establish a statutory ground authorizing termination, termination is not in the child’s best interest, we should apply a permissive exception to forgo termination, and she should be given additional time to work toward reunification.  OPINION HOLDS: The State established a ground for termination, and termination is in the child’s best interest.  We decline to apply a permissive exception to forgo termination and decline to grant the mother additional time to work toward reunification.

Case No. 21-1770:  In the Interest of S.C., Minor Child

Filed Mar 02, 2022

View Opinion No. 21-1770

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (11 pages)

            A mother appeals from the termination of her parental rights.  She argues the State did not prove the statutory grounds for termination, the State did not make reasonable efforts to reunify her with the child, the juvenile court should have granted her a six-month extension, and termination is not in the best interests of the child.  OPINION HOLDS: The State provided clear and convincing evidence the mother and child could not be reunified at the time of the termination hearing.  The mother never requested additional services.  The mother did not prove that reunification would be possible after six additional months.  Termination is in the child’s best interests. 

Case No. 21-1818:  In the Interest of H.P. and S.P., Minor Children

Filed Mar 02, 2022

View Opinion No. 21-1818

            Appeal from the Iowa District Court for Harrison County, Jennifer Benson Bahr, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.

Case No. 21-1909:  In the Interest of A.B., M.B., and B.B., Minor Children

Filed Mar 02, 2022

View Opinion No. 21-1909

            Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence supports termination of the mother’s parental rights under Iowa Code section 232.116(1)(h) (2021), and termination is in the children’s best interests.

Case No. 21-1933:  In the Interest of T.M., Minor Child

Filed Mar 02, 2022

View Opinion No. 21-1933

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

            A father appeals the termination of his parental rights.  OPINION HOLDS: Because grounds for termination exist, further extension of time is unwarranted, the child needs and deserves to live in a drug and violence-free home, and the father-child bond does not weigh against termination, we affirm.

Case No. 21-1943:  In the Interest of E.W. and J.F., Minor Children

Filed Mar 02, 2022

View Opinion No. 21-1943

            Appeal from the Iowa District Court for Jasper County, Steven J. Holwerda, District Associate Judge.  AFFIRMED ON BOTH APPEALS.   Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (14 pages)

            A mother appeals the termination of her parental rights to two children.  She claims termination is not in their best interest and that the court should have declined to terminate her rights based on permissive exceptions.  E.W., a minor child, contends termination is not in her best interest, a permissive exception should be applied, and the district court improperly excluded her from a portion of the termination hearing.  The guardian ad litem for E.W. also appeals, contending termination is not the least restrictive option available.  OPINION HOLDS: We find termination was in the children’s best interest and the permissive exceptions are insufficient to preclude termination in this case.  Finally, E.W.’s claim is not properly before our review.  We affirm.

Case No. 21-1978:  In the Interest of N.N., Minor Child

Filed Mar 02, 2022

View Opinion No. 21-1978

            Appeal from the Iowa District Court for Hancock County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (5 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: We affirm because clear and convincing evidence supports termination, and we decline to apply a permissive exception to termination. 

Case No. 21-1991:  In the Interest of W.J., Minor Child

Filed Mar 02, 2022

View Opinion No. 21-1991

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother failed to preserve error on her claims, and even if error was preserved, she waived the issues she attempts to raise.

Case No. 22-0144:  In the Interest of W.S., Minor Child

Filed Mar 02, 2022

View Opinion No. 22-0144

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

                       The mother appeals the termination of her parental rights.  She purports to challenge the statutory ground for termination and argues the loss of her parental rights is not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.  

Case No. 21-0992:  In the Matter of the Guardianship of B.B.

Filed Feb 22, 2022

View Opinion No. 21-0992

            Appeal from the Iowa District Court for Davis County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (9 pages)

            The father, Q.B., appeals the appointment of a guardian for his seventeen-year-old child, B.B., contending the statutory requirements for appointment of a guardian have not been met and the court did not properly consider the parental preference.  OPINION HOLDS: On our de novo review, we disagree with both contentions.  We affirm.

Case No. 19-0911:  State of Iowa v. Anthony Alexander Mong

Filed Feb 16, 2022

View Opinion No. 19-0911

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  REVERSED IN PART, AFFIRMED ON CONDITION IN PART, AND REMANDED.  Heard by Bower, C.J., Tabor, J., and Mullins, S.J.  Opinion by Bower, C.J.  (20 pages)

            Anthony Mong appeals his convictions for attempted murder, intimidation with a dangerous weapon, willful injury causing bodily injury, and going armed with intent.  OPINION HOLDS: Because Mong did not have the benefit of the Plain/Lilly/Veal line of cases, and because he is entitled to access the information needed to enforce his constitutional right to a jury trial and was not given access to that information, we will remand to give him an opportunity to develop his arguments.  We affirm in the court’s denial of Mong’s motion to compel.  Finally, there is no evidence of a specific intent to harm or kill Shane Woods and, thus, there is insufficient evidence to support the charges of for attempted murder, intimidation with a dangerous weapon, and willful injury causing bodily injury.  We reverse those convictions.  We conditionally affirm the conviction for going armed with intent and remand the matter to the district court for development of the record on the challenge to the composition of the jury.  Following development of the record, we direct the district court to determine whether Mong’s constitutional right to a representative jury was violated.  If so, the court shall grant a new trial.

Case No. 19-1649:  State of Iowa v. Toby Lee McCunn

Filed Feb 16, 2022

View Opinion No. 19-1649

            Appeal from the Iowa District Court for Page County, Margaret Reyes and Jeffrey L. Larson, Judges.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J. (23 pages)

            Toby McCunn appeals his conviction for murder in the first degree.  He contends (1) the court did not properly instruct the jury on justification; (2) the court should have moved the trial from Page County; (3) the jury was biased because the court failed to strike a juror for cause; and (4) the court should have excluded prior bad acts evidence.  OPINION HOLDS: We find no basis for reversal in the jury instructions, the court’s decision not to change venue, its refusal to strike juror R.Y. for cause, or the admission of prior bad acts evidence.  So we affirm.

Case No. 19-1715:  Michael A. LaJeunesse v. State of Iowa

Filed Feb 16, 2022

View Opinion No. 19-1715

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

            Michael Lajeunesse appeals the denial of his application for postconviction relief (PCR), contending his trial and appellate counsel were ineffective.  OPINION HOLDS: We affirm the denial of Lajeunesse’s PCR application.

Case No. 20-0323:  State of Iowa v. David M. Boggs

Filed Feb 16, 2022

View Opinion No. 20-0323

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

            David Boggs appeals an order denying his motion to extinguish his restitution obligation.  OPINION HOLDS: Boggs raised an identical argument in a prior appeal, in which we affirmed.  Because his claims are identical, we affirm again and without further opinion.

Case No. 20-0636:  Mar'yo Doyuan Lindsey, Jr. v. State of Iowa

Filed Feb 16, 2022

View Opinion No. 20-0636

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (8 pages)

            Mar’yo Lindsey appeals the district court’s denial of his postconviction relief application.  OPINION HOLDS: Lindsey failed to preserve error on one of his ineffective-assistance-of-counsel claims.  All others are denied on their merits.  We do not reach the merits of Lindsey’s claims regarding the district court’s refusal to keep the record open to obtain testimony from an alleged alibi witness who was subpoenaed for the hearing but failed to appear.  The denial of his application is affirmed.

Case No. 20-0908:  Joshua McDonald v. State of Iowa

Filed Feb 16, 2022

View Opinion No. 20-0908

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (8 pages)

            Joshua McDonald appeals from the dismissal of his application for postconviction relief (PCR).  Despite the fact he was not convicted, but instead held in contempt, McDonald argues that he is entitled to PCR.  Alternatively, he argues the case should have proceeded as a habeas corpus claim.  OPINION HOLDS:  Because McDonald was not convicted of a public offense, PCR is not available to him.  We affirm the dismissal and remand to address the motions still pending in his contempt case. 

Case No. 20-1098:  State of Iowa v. Quintarius Brown

Filed Feb 16, 2022

View Opinion No. 20-1098

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding, J., and Gamble, S.J.   Opinion by Schumacher, P.J. (17 pages)

            Quintarius Brown appeals his convictions and sentences for first-degree murder and first-degree robbery.  OPINION HOLDS: We find the district court did not err by overruling Brown’s hearsay objections.  The court did not abuse its discretion by permitting the State to present evidence of Brown’s Facebook messages or a video Brown sent to a friend.  The court properly denied Brown’s motion for new trial.  The court did not abuse its discretion in ordering Brown to serve consecutive sentences.  We affirm Brown’s convictions and sentences.

Case No. 20-1121:  In re the Marriage of McCabe

Filed Feb 16, 2022

View Opinion No. 20-1121

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

            Brandon McCabe appeals, and Lori McCabe cross-appeals, the decree dissolving their marriage.  Brandon argues the district court erred in failing to enforce the parties’ premarital agreement, inequitably distributing property, modifying the amount of child-support, and awarding attorney fees.  Lori argues on cross-appeal that the district court erred in failing to award spousal-support, a premarital property credit should not have been given, and the district court miscalculated Brandon’s income for the purposes of child support.  OPINION HOLDS: On our de novo review of the record, we find the parties’ prenuptial agreement was unconscionable at the time of execution and is unenforceable.  The district court’s property distribution appropriately considered the value of assets the parties brought to the marriage as a factor in its exercise of equitable distribution.  The distribution of real property was equitable.  The district court’s award of child support was appropriate and equitable, but we modify the decree to vacate the upward deviation and remand to the district court for further proceedings.  Following our consideration of the property distribution, we agree that no spousal support was warranted.  We affirm the award of trial attorney fees and find each party should be responsible for their own appellate attorney fees.  Costs on appeal shall be split equally between the parties.

Case No. 20-1173:  State of Iowa v. Todd Michael Mullis

Filed Feb 16, 2022

View Opinion No. 20-1173

            Appeal from the Iowa District Court for Delaware County, Thomas A. Bitter, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (16 pages)

            Todd Mullis appeals his conviction for first-degree murder.  He challenges the sufficiency of the evidence and the district court’s denial of his motion for new trial.  OPINION HOLDS: The State presented sufficient evidence of Mullis’s guilt.  And the district court did not abuse its discretion in denying the motion for new trial.

Case No. 20-1290:  Nationwide Mutual Insurance Co. v. Polk County Board of Review

Filed Feb 16, 2022

View Opinion No. 20-1290

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED.  Heard by Schumacher, P.J., and Ahlers, J., and Mullins, S.J.  Opinion by Schumacher, P.J.  (13 pages)

            Nationwide Mutual Insurance Co. (Nationwide) appeals the assessment for tax purposes of its property by the Polk County Board of Review (Board).  The district court affirmed the Board’s valuation.  OPINION HOLDS: Nationwide presented evidence from two disinterested witnesses to support its claim the actual value of the property was less than the assessed value and the burden then shifted to the Board to uphold the assessment.  The Board did not meet its burden because its experts did not rely on the sales approach to value the property.  Nationwide entered into a minimum assessment agreement that established the minimum actual value of the property and we determine this amount is the tax assessment value for the property.  We reverse the decision of the district court.

Case No. 20-1394:  Daryl Bortvit and Sheila Bortvit v. Donald Christensen, Roger Christensen and Christensen Construction & Design Company, Inc.

Filed Feb 16, 2022

View Opinion No. 20-1394

            Appeal from the Iowa District Court for Emmet County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Bower, C.J., Vaitheswaran, J., and Mullins, S.J.  Opinion by Vaitheswaran, J.  Greer, J., takes no part.  (6 pages)

            Plaintiffs appeal the district court’s order granting summary judgment in favor of defendants.  OPINION HOLDS: We conclude the loss sustained by plaintiffs was outside the remaining defendants’ scope of liability as a matter of law.  Accordingly, the district court did not err in granting their summary judgment motions.

Case No. 20-1408:  Thomas G. Ruthers, Jr. v. Iowa Department of Human Services, Civil Commitment Unit for Sex Offenders

Filed Feb 16, 2022

View Opinion No. 20-1408

            Appeal from the Iowa District Court for Cherokee County, Nancy Whittenburg, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (3 pages)

            Thomas Ruthers appeals the dismissal of his petition for judicial review of the treatment decision of the Iowa Department of Human Services, Civil Commitment Unit for Sex Offenders.  OPINION HOLDS: Ruthers did not preserve an argument regarding an annual review under Iowa Code section 229A.8 (2020).  Even if his argument were preserved, he did not file in the correct court for judicial review of an annual review.  Furthermore, in the record before us and the issues properly presented on appellate review, we find no due process violation.

Case No. 20-1465:  Malea D. Merchant v. Garrett Lee Wilson

Filed Feb 16, 2022

View Opinion No. 20-1465

            Appeal from the Iowa District Court for Benton County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (7 pages)

            Malea Merchant appeals the grant of summary judgment in favor of Garrett Wilson on the basis of defective service of original notice.  OPINION HOLDS: We find no genuine issue of material fact that the manner of service of original notice on Wilson was defective.  Serving Wilson’s mother at her residence at a time when Wilson did not live there is not effective substitute service.

Case No. 20-1551:  State of Iowa v. Patrick H. Booker, Jr.

Filed Feb 16, 2022

View Opinion No. 20-1551

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  CONVICTIONS AFFIRMED, AMENDMENT TO SENTENCING ORDER VACATED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J. (12 pages)

            Patrick Booker appeals his conviction for third-degree sexual assault and the district court’s amended sentence.  OPINION HOLDS: Because the verdict was supported by sufficient evidence and the district court did not err in evidentiary rulings or juror challenges, we affirm the conviction.  But because the district court did not have jurisdiction to amend Booker’s sentence, we vacate the sentencing amendment.

Case No. 20-1607:  In re the Marriage of Erlandson

Filed Feb 16, 2022

View Opinion No. 20-1607

            Appeal from the Iowa District Court for Black Hawk County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Heard by Greer, P.J., Badding, J., and Potterfield, S.J.  Opinion by Badding, J.  (14 pages)

            Susan Erlandson appeals an adverse summary judgment ruling dismissing her petition to modify the property and spousal support provisions of the decree dissolving her marriage.  OPINION HOLDS: Because the district court correctly concluded it lacked authority to entertain the modification action, we affirm its summary judgment ruling. 

Case No. 20-1619:  McDermott Propane, LLC v. Board of Review of Dubuque County

Filed Feb 16, 2022

View Opinion No. 20-1619

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Schumacher, P.J., and Badding, J., and Gamble, S.J.  Opinion by Badding, J.  (14 pages)

            A propane distributor appeals a district court ruling affirming the Dubuque County Board of Review’s determination that three above-ground fuel storage tanks on its commercial property were taxable under Iowa Code section 427A.1 (2020).  OPINION HOLDS: Because the record shows the tanks were not attached to the property under section 427A.1(3) and thus not taxable as real property, we reverse the district court’s ruling and remand with instructions. 

Case No. 20-1703:  In re the Marriage of Shipp

Filed Feb 16, 2022

View Opinion No. 20-1703

            Appeal from the Iowa District Court for Des Moines County, Mark Kruse, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (7 pages)

            Corina Shipp appeals the physical care provisions of her dissolution decree.  OPINION HOLDS: Like the district court, we conclude the father should have physical care of the parties’ child.

Case No. 21-0031:  Matthew Duane McGuire v. State of Iowa

Filed Feb 16, 2022

View Opinion No. 21-0031

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            Matthew McGuire appeals following the district court’s grant of summary disposition on his fourth application for postconviction relief.  He argues he “is entitled to a hearing to determine if the life without parole sentence upon him is grossly disproportionate to the crime he committed and is, thus, cruel and unusual punishment under the Iowa Constitution thereby making his sentence illegal,” a claim he raises for the first time on appeal.  OPINION HOLDS: We affirm the entry of summary disposition on McGuire’s application for postconviction relief, and we reject his challenge to his sentence as illegal.

Case No. 21-0097:  Michele Oldenburger v. Keith Oldenburger

Filed Feb 16, 2022

View Opinion No. 21-0097

            Appeal from the Iowa District Court for Butler County, Gregg R. Rosenbladt, Judge.  AFFIRMED AS MODIFIED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, J.  (13 pages)

            Michele Oldenburger appeals the financial provisions of the decree dissolving her marriage to Keith Oldenburger.  OPINION HOLDS: We modify the dissolution decree to require Keith to pay Michele a total of $2,347,415.92 in five equal installments of $457,024.36 over a period of five years, with the first payment to be made 180 days after procedendo issues and each payment thereafter to be made one year following the previous payment.

Case No. 21-0337:  In the Interest of R.G. and L.G., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-0337

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            A father appeals the district court order terminating his parental rights following a petition filed by the mother under Iowa Code chapter 232 (2019).  OPINION HOLDS: We find the district court did not have subject matter jurisdiction to consider the termination petition filed by the mother because she did not have standing to seek termination of the father’s parental rights under chapter 232.  We reverse the decision of the district court and remand with directions to dismiss the petition.

Case No. 21-0406:  Jason Bringus v. State of Iowa

Filed Feb 16, 2022

View Opinion No. 21-0406

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

            Jason Bringus appeals the denial of his application for postconviction relief, claiming his plea attorney “breached an essential duty by failing to procure a medical expert to testify on [his] behalf.”  OPINION HOLDS: We affirm the denial of Bringus’ postconviction-relief application.

Case No. 21-0535:  Jonathan David Gordon v. State of Iowa

Filed Feb 16, 2022

View Opinion No. 21-0535

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (8 pages)

            Jonathan Gordon challenges the summary disposition of his postconviction-relief (PCR) petition.  OPINION HOLDS: Gordon failed to present genuine issues of material fact for any of his three PCR claims.  So summary disposition was proper.  We affirm.

Case No. 21-0586:  In re the Marriage of McClenathan

Filed Feb 16, 2022

View Opinion No. 21-0586

            Appeal from the Iowa District Court for Poweshiek County, Lucy G. Gamon, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            Kelly Scott, formerly Kelly McClenathan, appeals the district court decision denying her application for modification of the child custody provisions of the parties’ dissolution decree.  OPINION HOLDS: Kelly has not shown a material change in circumstances outside of the court’s contemplation at the time of the dissolution decree nor the ability to provide superior care for the children at issue.  So we affirm the district court.  We also deny Kelly’s request for appellate attorney fees.

Case No. 21-0587:  In re the Marriage of Gibson

Filed Feb 16, 2022

View Opinion No. 21-0587

            Appeal from the Iowa District Court for Clarke County, John D. Lloyd and Elisabeth Reynoldson, Judges.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (5 pages)

            Alexa Gibson appeals from the temporary child support order where the court ordered joint physical care.  OPINION HOLDS: We discern no error requiring a modification of the temporary support order.  We therefore affirm.

Case No. 21-0745:  Brandi Kay Preul v. Carlson Edward Schindler

Filed Feb 16, 2022

View Opinion No. 21-0745

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

            Carlson Schindler appeals following a ruling on his petition to modify a dissolution decree, arguing the district court “abused its discretion in awarding [Brandi Preul] attorney fees” and in ordering him “to pay the attorney fees for representation of the minor child.”  OPINION HOLDS: We affirm the district court’s attorney fee awards to Preul and the child’s attorney, and we conclude Schindler should pay the entirety of Preul’s $7700 appellate attorney fee bill. 

Case No. 21-0799:  State of Iowa v. Michael Steven Proffitt

Filed Feb 16, 2022

View Opinion No. 21-0799

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge. AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (5 pages)

            Michael Proffitt appeals his sentences for two counts of felony stalking.  He argues that the district court should have granted him probation.  OPINION HOLDS: Given Proffitt’s criminal history and the pervasive nature of his acts, the court exercised proper discretion by imposing incarceration rather than probation.  We affirm. 

Case No. 21-0822:  In re the Marriage of Nygren

Filed Feb 16, 2022

View Opinion No. 21-0822

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  REVERSED.  Considered by Schumacher, P.J., and Ahlers, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (11 pages)

A father appeals from the modification of a joint physical care arrangement.  OPINION HOLDS: Upon our de novo review, we find there has not been a substantial and material change in circumstances warranting a modification in the physical care provisions of the parties’ original decree. 

Case No. 21-0942:  State of Iowa v. Walter Brown

Filed Feb 16, 2022

View Opinion No. 21-0942

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 pages)

A defendant appeals his conviction and sentence for possession with intent to distribute, claiming the district court violated his due process rights by not conducting an in-person plea colloquy.  He also contends the court improperly sentenced him to prison, rather than a term of probation.  OPINION HOLDS: We affirm.

Case No. 21-1134:  State of Iowa v. John Edward Hoffman

Filed Feb 16, 2022

View Opinion No. 21-1134

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  SENTENCES VACATED AND CASE REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            John Hoffman appeals the sentences imposed after he pled guilty to homicide by vehicle, nonconsensual termination of a human pregnancy, and serious injury by vehicle.  OPINION HOLDS: Hoffman’s guilty plea was conditioned on the district court’s adherence to the parties’ agreement for concurrent sentences.  Because the court imposed consecutive sentences, Hoffman was entitled to withdraw his guilty plea. 

Case No. 21-1236:  In the Interest of A.N., E.N., M.N., R.I., and A.B., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1236

            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 Bower, C.J.  (4 pages)

            A mother challenges the termination of her parental rights to five children, claiming maintaining a relationship with her is in the children’s best interests and guardianships in the children’s current placements was preferable to termination.  OPINION HOLDS: We affirm.

Case No. 21-1248:  In the Interest of C.S., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1248

            Appeal from the Iowa District Court for Mitchell County, Karen Kaufman Salic, District Associate Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by May, P.J., Schumacher and Badding, JJ.  Opinion by Badding, J.  (16 pages)

            A mother appeals the termination of her parental rights to her child, arguing termination is contrary to the child’s best interests, statutory exceptions should be applied to preclude termination, and permanency should be accomplished through either the establishment of a guardianship in the maternal grandmother or another planned permanent living arrangement.  OPINION HOLDS: We reverse the decision of the juvenile court terminating the mother’s parental rights and remand for dismissal of the petition and the entry of a permanency order consistent with this opinion.

Case No. 21-1272:  In the Interest of C.K., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1272

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Ahlers, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            A mother appeals the termination of her parental rights to a child, contending (1) the State failed to prove the ground for termination cited by the juvenile court and failed to afford her additional time to reunify; (2) the department of human services failed to make reasonable efforts to facilitate reunification; (3) termination was not in the child’s best interests; and (4) the juvenile 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. 21-1285:  In the Interest of J.H., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1285

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (7 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 rights, an extension of time would not be in the child’s best interests, and termination of the mother’s parental rights is in the child’s best interests.  We affirm the decision of the district court.

Case No. 21-1316:  In the Interest of C.O., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1316

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (7 pages)

            A mother appeals the termination of her parental rights to her child, contending termination was not in the child’s best interest because of their bond and she should have been granted additional time to work toward reunification.  OPINION HOLDS: Upon our de novo review, we find that termination of the mother’s parental rights was in this child’s best interest despite any bond between them.  The mother failed to show that additional time would eliminate the need for removal.  We therefore affirm.

Case No. 21-1342:  In the Interest of R.M. and H.M., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1342

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J. and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her children, contending the State failed to prove the grounds for termination cited by the juvenile court and termination was not in the best interests of the children.  OPINION HOLDS: Upon our review, we affirm.

Case No. 21-1359:  In the Interest of W.N., H.K., and C.N., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1359

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            The father appeals the modification of the dispositional order and modification of the permanency goal in child-in-need-of-assistance proceedings.  OPINION HOLDS: The father was unable to maintain sobriety.  The district court properly modified the dispositional order and property modified the permanency goal.  We affirm the decision of the district court.

Case No. 21-1379:  In the Interest of B.M., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1379

            Appeal from the Iowa District Court for Guthrie County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, 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.  Also, termination of his parental rights is in the child’s best interests.  We affirm the decision of the district court.

Case No. 21-1440:  In the Interest of B.C., P.C., T.C., and J.B., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1440

            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 Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to four children, contending the State failed to prove the children could not be returned to her custody.  OPINION HOLDS: We affirm the termination of her parental rights to all four children.

Case No. 21-1443:  In the Interest of K.T., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1443

            Appeal from the Iowa District Court for Calhoun County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother appeals juvenile court orders adjudicating her child in need of assistance and removing the child from her home at the time of adjudication and disposition.  OPINION HOLDS: We affirm the juvenile court’s adjudication and dispositional orders.

Case No. 21-1450:  In the Interest of A.H. and M.S., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1450

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: We find the State showed the statutory grounds for termination, and the mother failed to show a permissive factor to avoid termination.  The State also showed the department of human services made reasonable efforts toward reunification.  We affirm.

Case No. 21-1470:  In the Interest of A.B., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1470

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (7 pages)

            A mother and a father separately appeal the termination of their parental rights to their child.  Both parents contend (1) the State failed to prove the grounds for termination; (2) termination was not in the child’s best interests; and (3) the district court should not have ordered termination in light of their bond with the child.  The mother additionally argues the district court “erred in granting the State’s motion for modification of disposition.”  The father additionally asserts the district court should have placed the child in a guardianship with the child’s grandmother.  OPINION HOLDS: We affirm the district court’s thorough order terminating parental rights to this child.

Case No. 21-1471:  In the Interest of W.R., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1471

            Appeal from the Iowa District Court for Crawford County, Mary Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State proved the statutory grounds for termination under Iowa Code section 232.116(1)(d) (2021).  Accordingly, termination was proper.

Case No. 21-1472:  In the Interest of K.D. and K.D., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1472

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  Dissent by Vaitheswaran, P.J.  (15 pages)

            The guardian ad litem (GAL) and intervenor appeal a guardianship decision after the juvenile court terminated Ke.D. and Ki.D.’s parents’ rights.  GAL Paul White and paternal grandmother Carletta asked the court to remove the department of human services (DHS) as the children’s guardian and appoint Carletta guardian.  They assert DHS acted unreasonably, its guardianship is not in the children’s best interests, DHS violated its procedure by removing the children from Carletta and placing them in foster care, and DHS’s guardianship should be terminated.  OPINION HOLDS: We agree DHS acted unreasonably in failing to send relative notices.  But it generally acted in the children’s best interests.  And it is in the children’s best interests for DHS to remain as guardian and custodian.  We affirm the denial of White’s and Carletta’s motions.  DISSENT ASSERTS: I agree the key question is whether removal of the department as guardian is in the children’s best interests.  I believe it is; therefore, I respectfully dissent.

Case No. 21-1608:  In the Interest of G.R.,, Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1608

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

            A father appeals the termination of his parental rights to his child.  He contends (1) the State failed to prove the ground for termination cited by the district court; (2) the State failed to make reasonable efforts toward reunification; and (3) termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

Case No. 21-1661:  In the Interest of N.W., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1661

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to her child, N.W.  OPINION HOLDS: The State proved the statutory grounds for termination by clear and convincing evidence, termination is in N.W.’s best interest, and we decline to apply any permissive exceptions to termination.  So we affirm. 

Case No. 21-1679:  In the Interest of J.S., M.S., and A.S., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1679

            Appeal from the Iowa District Court for Clay County, Andrew J. Smith, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother and a father separately appeal the termination of their parental rights to three children.  OPINION HOLDS: Clear and convincing evidence establishes the grounds for terminating parental rights.  Additional visitation would not have impacted the State’s burden of proving the children cannot be returned to either parent’s care, and we cannot find the need for removal will no longer exist if the parents are granted six more months to attempt to remedy their deficiencies.  Because the children’s best interests require termination, we affirm.

Case No. 21-1745:  In the Interest of H.K., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1745

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            A mother appeals the adjudication of her child as a child in need of assistance under Iowa Code section 232.2(6)(c)(2), (n), and (p) (2021).  OPINION HOLDS: Upon our de novo review, we affirm the child’s adjudication under section 232.2(6)(c)(2) and (n).  But we reverse the adjudication under section 232.2(6)(p).

Case No. 21-1760:  In the Interest of L.F., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1760

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We find the State established grounds for termination, termination is in the child’s best interests, and no exception to termination applies.  We affirm.

Case No. 21-1769:  In the Interest of J.V., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1769

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  Dissent by Tabor, J.  (10 pages)

            An intervenor in a child-in-need-of-assistance proceeding appeals the juvenile court’s decision to not bifurcate the guardian ad litem and child attorney roles and to not modify placement of the child to place the child in the intervenor’s care.  She also makes an evidentiary challenge.  OPINION HOLDS: The juvenile court did not abuse its discretion when it decided to not bifurcate.  Because modification of placement would require modification of the dispositional order, only those authorized by statute to seek modification may seek modification of placement.  The intervenor is not statutorily authorized to do so.  The juvenile court should have admitted certain hearsay evidence.  But because the evidence was ultimately admitted through other testimony, no prejudice resulted.  DISSENT ASSERTS: Because I believe J.V. needed a separate attorney to advocate for his placement preference, the court should have bifurcated the roles and appointed an attorney. 

Case No. 21-1784:  In the Interest of M.D., C.D., C.D., and K.D., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1784

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother appeals the termination of her parental rights to her four children.  She alleges the State failed to prove a statutory ground for termination, termination is not in the best interests of the children, and the court should have applied a permissive exception to termination.  OPINION HOLDS: On our de novo review, we affirm. 

Case No. 21-1798:  In the Interest of M.R., D.R., S.R., A.R., and L.R., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1798

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

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The State established the grounds for termination by clear and convincing evidence, and termination of both parents’ rights is in the children’s best interests.  We affirm on both appeals.

Case No. 21-1809:  In the Interest of K.P., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1809

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  FATHER’S APPEAL DISMISSED; AFFIRMED ON MOTHER’S APPEAL.  Considered by Vaitheswaran, P.J., Ahlers, J. and Vogel, S.J.  Opinion by Vogel, S.J.  (10 pages)

            The father and the mother separately appeal the termination of their parental rights.  OPINION HOLDS: With no facts beyond the mere speculation of the father’s attorney to explain the father’s late-filed notice of appeal, the father’s appeal is dismissed as untimely.  Due to the mother’s ongoing substance abuse, termination is in the child’s best interests, the parent-child bond does not overcome termination, and additional time for reunification is not appropriate.  The mother did not preserve her other issues for appeal.

Case No. 21-1810:  In the Interest of B.W., Z.W., T.W., and W.W., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1810

            Appeal from the Iowa District Court for Linn County, Carrie Bryner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Special Concurrence by Ahlers, J.  (16 pages)

            A father and a mother appeal the termination of their parental rights.  In his appeal, the father asserts the DHS failed to make reasonable efforts toward reunification.  The mother, in contrast, argues that termination was not in her children’s best interests, and that guardianship is the preferable alternative.  OPINION HOLDS: Because the father did not request specific assistance, we affirm.  Likewise, the termination is in the children’s best interests and better serves their needs for stability and permanency.  So we affirm on the mother’s appeal as well.  SPECIAL CONCURRENCE ASSERTS: The father filed his notice of appeal three days late.  I disagree with the majority that a three-day delay is negligible in most circumstances.  However, because the father filed his notice when the clerk’s office was closed due to a holiday and unable to process filings until reopening, I would conclude the unique circumstances here make the delay negligible.  I otherwise join in the majority opinion.

Case No. 21-1816:  In the Interest of M.W. and L.W., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1816

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A father appeals the removal of two children from his care following a dispositional review hearing in a child-in-need-of-assistance proceeding.  OPINION HOLDS: The State proved the grounds for modifying the dispositional order under Iowa Code section 232.103(4)(c) (2021).  Because the father refuses to cooperate with the department of human services or to participate in the services offered to him, removal is necessary to ensure the children’s safety. 

Case No. 21-1819:  In the Interest of C.M.-P., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1819

            Appeal from the Iowa District Court for Woodbury County, Stephanie Forker Parry, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A father appeals the termination of his parental rights to a child, contending the State failed to prove the grounds for termination cited by the district court and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

Case No. 21-1853:  In the Interest of J.A., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1853

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (11 pages)

            J.A. is a seven-year-old child with severe asthma.  Following his parents’ unilateral decision to reduce his daily medicine, J.A. suffered a near-fatal asthma attack in June 2021.  This led to J.A.’s intubation and hospitalization, and the Iowa Department of Human Services (DHS) became involved with the family.  Until court ordered, the parents resisted working with DHS or providing signed releases for J.A.’s medical information.  Under these circumstances, the court adjudicated J.A. a child in need of assistance (CINA) pursuant to Iowa Code section 232.2(6)(b), (c)(1), (c)(2), and (e) (2021).  The father appeals each of the adjudicatory grounds.  OPINION HOLDS: We affirm the adjudication of J.A. as a CINA under Iowa Code section 232.2(6)(b), (c)(2) and (e).  We reverse the adjudication under section Iowa Code section 232.2(6)(c)(1).

Case No. 21-1894:  In the Interest of T.T., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1894

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (5 pages)

            The juvenile court terminated the father’s rights under Iowa Code section 232.116(1)(b), (e), and (h) (2021).  The father does not contest the statutory grounds.  He argues termination of his rights is not in the child’s best interests and makes a passing argument he should be given more time to be released from prison and reunify with the child.  OPINION HOLDS: Termination is in the child’s best interests, and more time is not warranted here.  We affirm. 

Case No. 21-1908:  In the Interest of J.M. and E.K., Minor Children

Filed Feb 16, 2022

View Opinion No. 21-1908

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Clear and convincing evidence shows that the children could not have been returned to their mother at the time of the termination hearing. 

Case No. 21-1944:  In the Interest of H.M., Minor Child

Filed Feb 16, 2022

View Opinion No. 21-1944

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (6 pages)

            A mother and a father separately appeal the termination of their parental rights.  OPINION HOLDS: Because grounds for termination exist, an extension of time for reunification is unwarranted, and termination is in the child’s best interests, we affirm the termination of both parties’ parental rights. 

Case No. 19-1203:  State of Iowa v. Kourtney Shontez Hall

Filed Jan 27, 2022

View Opinion No. 19-1203

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J. (11 pages)

            Kourtney Shontez Hall appeals his conviction for second-degree burglary, contending the trial court abused its discretion in allowing evidence of a prior bad act.  OPINION HOLDS: We affirm. 

Case No. 19-1510:  State of Iowa v. Elisha M. Mischke

Filed Jan 27, 2022

View Opinion No. 19-1510

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Bower, C.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (16 pages)

            Elisha Mischke was charged by trial information with ongoing criminal conduct.  The trial information alleged that Mischke and two others, “individually, or by joint criminal conduct, or by aiding and abetting another” “commit[ted] multiple acts of residential burglaries, vehicle burglaries, vehicle theft, credit card fraud, identity theft, operating a motor vehicle without owner’s consent, and possession of stolen property.”  As part of a plea agreement in which other charges and other criminal cases were dismissed, Mischke pled guilty to the class “B” felony.  She was given a suspended, thirty-five year sentence and later ordered to pay $22,822.13 in restitution based on eleven separate claims.  On appeal, Mischke challenges the ordered restitution.  First, she argues the district court erred in approving supplemental restitution requests that were untimely made.  And second, she maintains the State failed to prove a causal connection between her criminal conduct and the restitution ordered.  OPINION HOLDS: Mischke has good cause to challenge the restitution she was ordered to pay as part of her sentence.  The thirty-day requirement to request restitution is directory, not mandatory, and Mischke did not establish she was prejudiced by the delayed restitution request.  We do not reach Mischke’s challenge to the causal connection between the restitution ordered and her criminal acts, except her challenge to the missing bicycle, which we find is causally related.  We affirm the ordered restitution of $22,822.13 based on eleven separate claims.

Case No. 20-0130:  State of Iowa v. Kaleb Darrel Morrow

Filed Jan 27, 2022

View Opinion No. 20-0130

            Appeal from the Iowa District Court for Appanoose County, Gregory G. Milani, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (9 pages)

            Kaleb Morrow appeals his convictions for interference with official acts—serious injury, assault on persons in certain occupations, and harassment in the first degree.  He challenges the sufficiency of the evidence of intent to inflict serious injury and an evidentiary ruling.  OPINION HOLDS: Because substantial evidence supports the finding the defendant had the specific intent to inflict serious injury to support the convictions and Morrow suffered no prejudice from the evidentiary ruling, we affirm.

Case No. 20-0384:  Joseph William Rendon v. State of Iowa

Filed Jan 27, 2022

View Opinion No. 20-0384

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by May, P.J., and Vogel and Mullins, S.J.J.  Opinion by Vogel, S.J.  (9 pages)

            Joseph Rendon appeals the denial of his application for postconviction relief.  OPINION HOLDS: We reject Rendon’s claims that his trial counsel was ineffective for failing to present an alibi witness or for failing to further impeach the State’s witnesses.  We also find no cumulative prejudice resulted from these claims of ineffective assistance.

Case No. 20-1310:  J.A. Smith Machinery Company, Ltd. v. K.E. Builders, LLC; Darin Keller; and Taloyre Keller

Filed Jan 27, 2022

View Opinion No. 20-1310

            Appeal from the Iowa District Court for Boone County, Christopher C. Polking, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  Partial dissent by Greer, J. (16 pages)

            K.E. Builders, L.L.C.; Darin Keller; and Taloyre Keller appeal the district court’s decision awarding damages to J.A. Smith Machinery Co., Ltd. on its claim of conversion of a skid loader.  OPINION HOLDS: We affirm the district court on the grant of summary judgment on liability and the award of compensatory damages.  We reverse the court’s decision on the issue of punitive damages.  PARTIAL DISSENT ASSERTS: I concur with the majority opinion with one exception—I would affirm the district court’s award of punitive damages to J.A. Smith Machinery Company, Ltd.  I believe that Smith Machinery showed by a preponderance of the evidence that Darin and Taloyre Kellers’ conduct amounted to a willful and wanton disregard for Smith Machinery’s right to the skid loader.

Case No. 20-1651:  Juan Antonio Nino-Estrada v. State of Iowa

Filed Jan 27, 2022

View Opinion No. 20-1651

            Appeal from the Iowa District Court for Woodbury County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            Juan Antonio Nino-Estrada appeals the orders dismissing and denying the claims in his application for postconviction relief.  OPINION HOLDS: I. Trial counsel was not ineffective in presenting a justification defense.  Counsel made a strategic decision to limit Nino-Estrada’s direct examination and presented an effective argument on justification in closing, and there is no reasonable probability that a more thorough direct examination would have changed the outcome of trial.  II. Nino-Estrada’s claims that the trial court failed to properly instruct the jury on the legal concept of unanimity and the burden of proof for justification fail as a matter of law because the instructions did not misstate the law or mislead the jury.

Case No. 20-1720:  Keith Puntenney v. Dakota Access, LLC

Filed Jan 27, 2022

View Opinion No. 20-1720

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Badding, J., takes no part.  Opinion by May, J.  (13 pages)

            Keith Puntenney appeals a district court order denying his motion for new trial.  OPINION HOLDS: We affirm, finding the district court did not abuse its discretion in its evidentiary rulings nor did it err in instructing the jury on damages. 

Case No. 21-0065:  City of Marion, Iowa v. Capital Commercial Division, L.L.C.

Filed Jan 27, 2022

View Opinion No. 21-0065

            Appeal from the Iowa District Court for Linn County, Chad A. Kepros, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (14 pages)

            Capital Commercial Division, LLC appeals from an adverse judgment following a bench trial on the parties’ dueling breach‑of-contract claims.  OPINION HOLDS: Finding no merit in any of Capital’s challenges, we affirm. 

Case No. 21-0172:  In re the Marriage of Meints

Filed Jan 27, 2022

View Opinion No. 21-0172

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (20 pages)

            Crystal Meints appeals the decree dissolving her marriage to Jeffrey Meints (Jeff).  She argues (1) the court’s property distribution is inequitable for various reasons, (2) the court erred in not concluding Jeff dissipated marital assets, (3) the court’s award of spousal support in her favor was inadequate, and (4) the court’s award of trial attorney fees in her favor was insufficient.  Crystal requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s distribution of property and challenged valuations.  We reject Crystal’s claims the court failed to distribute some assets, but we modify the decree to require Jeff to pay Crystal one-half of the Iowa state tax refund.  We determine Crystal’s request that the equalization order be modified to a ten-year payment schedule is equitable and modify the decree accordingly.  We affirm the district court’s refusal to grant security for the equalization award, and we decline Crystal’s request for an acceleration clause relating to the equalization payment.  We reject Crystal’s claims of dissipation of assets by Jeff.  We affirm the amount of spousal support awarded by the district court, $3000.00 per month, but we modify the decree to provide Jeff’s obligation will continue until either party’s death or Crystal’s remarriage.  We affirm the district court’s ruling on Crystal’s request for trial and expert fees, and we decline Crystal’s request for appellate attorney fees.  Costs on appeal are assessed equally between the parties.

Case No. 21-0272:  In re the Marriage of Jones

Filed Jan 27, 2022

View Opinion No. 21-0272

            Appeal from the Iowa District Court for O'Brien County, Charles Borth, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by May, P.J.  (9 pages)

            Sarah Jones appeals the district court order modifying her dissolution decree from Matthew Jones and finding Sarah in contempt.  OPINION HOLDS: We affirm the modification decree and the contempt finding; and we grant Matthew appellate attorney fees.

Case No. 21-0354:  McKinley Dudley v. State of Iowa

Filed Jan 27, 2022

View Opinion No. 21-0354

            Appeal from the Iowa District Court for Cerro Gordo County, Coleen D. Weiland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (13 pages)

            McKinley Dudley appeals the dismissal of his application for postconviction relief (PCR).  Dudley asserts his PCR counsel failed to clarify what convictions were implicated, leading to a dismissal of his PCR application without full consideration of the 2012 conviction.  Based on this allegation, he maintains PCR counsel provided ineffective assistance.  OPINION HOLDS: PCR counsel did not provide ineffective assistance.  Even if the 2012 case number was listed on the amended PCR application, Dudley could not succeed.  His claims as to the 2012 case are time-barred.  And he has previously raised the issues he now wishes to re-litigate in this PCR action.  We affirm the dismissal of Dudley’s PCR action.

Case No. 21-0400:  State of Iowa v. Scott Allen Smith

Filed Jan 27, 2022

View Opinion No. 21-0400

            Appeal from the Iowa District Court for Linn County, Nicholas Scott, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, J.  (10 pages)

            Scott Smith appeals his conviction of domestic abuse assault causing bodily injury and the sentence imposed.  He argues the district court (1) “erred by refusing to admit favorable, relevant defense evidence and by denying [his] motion for a mistrial” based on that claim and (2) “abused its discretion when it imposed a fine and the crime services surcharge” as part of his sentence.  OPINION HOLDS: We affirm Smith’s conviction and the sentence imposed.

Case No. 21-0465:  State of Iowa v. Jerome Moyer, III

Filed Jan 27, 2022

View Opinion No. 21-0465

            Appeal from the Iowa District Court for Madison County, Terry Rickers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J. (6 pages)

            Jerome Moyer III appeals his conviction for murder in the first degree.  OPINION HOLDS: Moyer’s statements that he was going to be incarcerated for the rest of his life because of what he had done were evidence of his intent and level of intoxication.  We find no abuse of discretion in admitting the statements.

Case No. 21-0469:  State of Iowa v. David Jones, Jr.

Filed Jan 27, 2022

View Opinion No. 21-0469

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J. (3 pages)

            David Jones Jr. appeals the sentences imposed upon his criminal convictions, claiming the district court’s failure to give specific reasons for imposing consecutive sentences was an abuse of discretion.  OPINION HOLDS: We find the district court’s cursory explanation sufficient to allow appellate review of the trial court’s discretionary action and conclude the court provided sufficient reasons for its decision to impose consecutive sentences. 

Case No. 21-0530:  Belmond-Klemme Community School District v. Belmond-Klemme Education Association and Jodi Turner

Filed Jan 27, 2022

View Opinion No. 21-0530

            Appeal from the Iowa District Court for Wright County, James M. Drew, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Mullins, P.J., and Vaitheswaran and Tabor, JJ., but decided by Vaitheswaran, P.J., Tabor, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (17 pages)

            Belmond-Klemme Education Association (Association) and Jodi Turner appeal an adverse district court ruling on Belmond-Klemme Community School District’s (District) application to vacate or modify an arbitration award relating to a grievance and the Association and Turner’s motion for summary judgment on the application.  The Association and Turner generally argue the court “erred in substituting its judgment on the arbitrability of the grievance for the judgment of the arbitrator.”  OPINION HOLDS: We conclude the arbitrator exceeded her powers in granting relief regarding the placement of the letter in Turner’s file and implementation of intensive assistance, and the district court did not err in vacating those portions of the award.  However, the arbitrator’s requirement that the District provide a contractual evaluation should therefore stand.  As such, the district court order is affirmed in part, reversed in part, and remanded for entry of an order reinstating the requirement that the District conduct a fair and impartial performance review of Turner.

Case No. 21-0647:  In re the Marriage of Johnson

Filed Jan 27, 2022

View Opinion No. 21-0647

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge. AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (7 pages)

            A mother appeals the modification of physical care, arguing (1) no substantial change in circumstances exists and (2) modification is not in the children’s best interests.  OPINION HOLDS: The mother introduced her children to dangerous men, and this change was not contemplated at the time of the original decree.  The father can provide superior care.  We affirm.

Case No. 21-0692:  State of Iowa v. Jaymes Donalde Goodsell

Filed Jan 27, 2022

View Opinion No. 21-0692

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

            Jaymes Donalde Goodsell appeals the revocation of his deferred judgment and the sentence imposed.  OPINION HOLDS: We affirm.

Case No. 21-0705:  State of Iowa v. Christopher Ryan Jenkins

Filed Jan 27, 2022

View Opinion No. 21-0705

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (10 pages)

            Christopher Jenkins appeals from his conviction of operating while intoxicated (OWI), claiming the record lacks substantial evidence to support the jury’s verdict and that the law enforcement officers should not have been allowed to offer “expert” testimony about the ignition system of the van he was operating.  OPINION HOLDS: Substantial evidence supports the OWI conviction.  Because no objection was made at trial to the ignition-system evidence, error was not preserved.

Case No. 21-0855:  ABF Freight System, Inc. and Ace American Insurance Company v. Marcus Hilliard

Filed Jan 27, 2022

View Opinion No. 21-0855

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

            An employer, ABF Freight Systems, Inc., and its insurer, Ace American Insurance Company, appeal a judicial-review decision upholding the workers’ compensation commissioner’s award of additional benefits to Marcus Hilliard.  OPINION HOLDS: Because the commissioner’s finding of a change of condition is supported by substantial evidence and the determination of increased industrial disability is not irrational, illogical, or wholly unjustifiable, we affirm.

Case No. 21-0950:  State of Iowa v. Christopher Drew

Filed Jan 27, 2022

View Opinion No. 21-0950

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            Christopher Drew appeals his sentence for eluding while exceeding speed limit by more than twenty-five miles per hour or more, an aggravated misdemeanor.  Drew asserts the district court abused its discretion in sentencing him to prison instead of probation.  OPINION HOLDS: We find no abuse of discretion and affirm.

Case No. 21-0968:  In the Interest of J.L., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-0968

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  Special Concurrence by Badding, J. (26 pages)

            The juvenile court terminated the parental rights of J.L.’s biological mother and father and appointed the Iowa Department of Human Services (DHS) the guardian of the child.  Shortly after, the intervenor-foster parent and the guardian ad litem (GAL) each filed a motion to remove DHS as guardian.  Following a hearing in spring of 2021, the juvenile court concluded DHS acted unreasonably in discharging its duties as guardian to find a suitable adoptive home for the child, granted the motions to remove DHS, and appointed the intervenor-foster parent as guardian instead.  The intervenor-maternal relatives, who DHS had chosen as the pre-adoptive placement for J.L., appeal the juvenile court’s ruling.  They challenge the court’s decision to remove DHS as guardian and argue the juvenile court improperly usurped DHS’s role by substituting its judgment for that of DHS.  OPINION HOLDS: We agree with the juvenile court that the foster parent and GAL met their burden to prove DHS acted unreasonably in the decision-making process in picking a pre-adoptive placement for J.L. and its lack of meaningful transition plan for J.L. once it decided on the biological relatives who resided in Florida.  Therefore, we affirm the removal of DHS as J.L.’s guardian and affirm the appointment of the foster parent instead.  SPECIAL CONCURRENCE ASSERTS: I join in affirming the removal of the Iowa Department of Human Services as this child’s guardian but write separately to emphasize the difference between this case and the many others where we have refused similar requests from prospective adoptive parents.

Case No. 21-1016:  In re Marriage of Jensen

Filed Jan 27, 2022

View Opinion No. 21-1016

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            Natasha Lash appeals a district court order awarding her ex-husband, Steven Jensen, physical care of their child.  Both parties request appellate attorney fees.  OPINION HOLDS:  Upon our de novo review, we find Jensen can provide superior care to their child.  Accordingly, we affirm. 

Case No. 21-1096:  In the Interest of H.R., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1096

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            A father appeals the termination of his parental rights in a private termination action.  OPINION HOLDS: Because we find clear and convincing evidence supports the grounds for termination and termination is in the child’s best interests, we affirm.   

Case No. 21-1111:  In the Interest of N.H., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1111

            Appeal from the Iowa District Court for Polk County, Rachel E. Seymour, District Associate Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.   Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

A juvenile offender appeals a district court restitution order, alleging the costs were not supported by substantial evidence, fell outside the scope of liability, or both.  OPINION HOLDS: We find the letterman jacket falls outside the scope of liability and vacate the award related to the same.  A correction is required in the calculation of restitution for mileage to reduce the claim to 734.5 miles at a rate of thirty-nine cents per mile and a further reduction in the mileage claim by $127 previously paid by Crime Victim Compensation.  We affirm the remainder of the restitution order.  We remand to the district court for entry of a restitution order consistent with this opinion.

Case No. 21-1189:  In the Interest of A.H. and L.H., Minor Children

Filed Jan 27, 2022

View Opinion No. 21-1189

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (12 pages)

            The mother appeals the termination of her parental rights to two children.  The mother purports to challenge the statutory grounds for termination, maintains the Iowa Department of Human Services was deficient in its efforts to return the children to her care, and argues she should have been given additional time to work toward reunification.  Alternatively, she argues the juvenile court should have placed the children in a guardianship with their fictive kin caretaker in lieu of terminating her parental rights.  OPINION HOLDS: We affirm the termination of the mother’s parental rights as to both children.

Case No. 21-1262:  In the Interest of K.S., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1262

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (14 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The guardian ad litem established a ground for termination, and termination is in the child’s best interests.  Additional time for reunification would not improve prospects.  And the court did not abuse its discretion by limiting irrelevant evidence.  We affirm. 

Case No. 21-1341:  In the Interest of R.H., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1341

            Appeal from the Iowa District Court for O'Brien County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (2 pages)

            The mother appeals the bridge order transferring jurisdiction from the juvenile court to district court.  OPINION HOLDS: We are unable to identify a properly presented issue on appeal.  We affirm without further opinion.

Case No. 21-1384:  In the Interest of K.G., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1384

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, District Associate Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  Partial Dissent by Greer, J. (20 pages)

            A mother appeals one ground for adjudicating her child to be a child in need of assistance and that child’s removal from her care.  OPINION HOLDS: I. With only one injury alleged and conflicting evidence over whether the injury was nonaccidental, there is insufficient evidence to adjudicate K.G. a child in need of assistance under section 232.2(6)(b) (2021).  The mother does not dispute the adjudication under section 232.2(6)(c)(2).  II. Although both the mother and the father present a risk of harm, the evidence shows the child is at greater risk in the mother’s care.  On this basis, there is sufficient evidence for the child’s removal from the mother’s care. PARTIAL DISSENT ASSERTS: I agree with the majority that the adjudication of K.G. under section 232.2(6)(b) should be reversed.  But I part ways with the majority as to the continued removal of K.G. from the mother's care; I would also reverse the juvenile court's decision on the issue of removal.

Case No. 21-1473:  In the Interest of L.P., G.J., N.J., N.J., G.J., R.J., L.J., M.J., & R.J., Minor Children

Filed Jan 27, 2022

View Opinion No. 21-1473

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            A mother appeals the termination of her parental rights to nine children.  OPINION HOLDS: We find clear and convincing evidence to support the grounds for termination under Iowa Code section 232.116(1)(f) and (h) (2021) and termination is in the children’s best interests.  Because no permissive exceptions to termination apply and an extension of time is not warranted under the facts presented, we affirm the termination of the mother’s parental rights. 

Case No. 21-1494:  In the Interest of M.W., M.W., and M.W., Minor Children

Filed Jan 27, 2022

View Opinion No. 21-1494

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: The State proved the statutory grounds for termination, and the record does not support an extension of six months.  We affirm. 

Case No. 21-1521:  In the Interest of M.W., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1521

            Appeal from the Iowa District Court for Harrison County, Jennifer Bahr, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The State proved grounds for termination existed, a permissive exception to termination does not apply so as to save the parent-child relationship, and reasonable efforts towards reunification were provided to the father.  Accordingly, the termination of his parental rights is affirmed.

Case No. 21-1539:  In the Interest of N.B., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1539

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            The mother appeals the termination of her parental rights.  OPINION HOLDS: Finding the State proved a statutory ground for termination, termination is in the child’s best interest, and no permissive factor prevents termination, we affirm the termination of the mother’s parental rights.

Case No. 21-1562:  In the Interest of A.D. and A.O., Minor Children

Filed Jan 27, 2022

View Opinion No. 21-1562

            Appeal from the Iowa District Court for Howard County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Ahlers, JJ.  Opinion by May, P.J.  (6 pages)

            A father appeals the termination of his parental rights.  He claims the statutory grounds authorizing termination are not met, the Iowa Department of Human Services (DHS) failed to make reasonable efforts, and the juvenile court should have applied a statutory exception to forgo termination and establish a guardianship.  OPINION HOLDS: The State established statutory grounds for termination, and DHS made reasonable efforts towards reunification.  We decline to apply an exception to termination and establish a guardianship.

Case No. 21-1688:  In the Interest of J.B., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1688

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

            A mother and a father separately appeal the termination of their respective parental rights to their child, J.B.  OPINION HOLDS: Finding statutory grounds satisfied and termination to be in J.B.’s best interest, we affirm and decline to apply any permissive exceptions to termination as to both parents. 

Case No. 21-1754:  In the Interest of M.M., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1754

            Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (6 pages)

            A mother appeals the termination of her parental rights.  In the alternative, she requests a guardianship rather than termination.  OPINION HOLDS: The mother waived any challenge to the statutory grounds for termination.  Termination was in the child’s best interests.  And, given the need for permanency, termination is preferable to guardianship.  We affirm.

Case No. 21-1781:  In the Interest of G.C. and R.C., Minor Children

Filed Jan 27, 2022

View Opinion No. 21-1781

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, J.  (11 pages)

            R.H.C. and S.C., mother and father, appeal from the termination of their parental rights to two children, R.C. and G.C.  The father challenges whether the State made reasonable efforts to reunify him with his children, and the mother argues termination is not in the children’s best interests and she should have been granted a six-month extension.  OPINION HOLDS: The father did not preserve error to his challenge.  The mother did not preserve error as to a six-month extension and termination of her parental rights is in the children’s best interests. 

Case No. 21-1786:  In the Interest of B.A., Minor Child

Filed Jan 27, 2022

View Opinion No. 21-1786

            Appeal from the Iowa District Court for O'Brien County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (10 pages)

            A mother appeals from the termination of her parental rights.  She argues that termination is not in her child’s best interest, the bond between her and the child is strong enough to overcome the need for termination, and she should have been granted a six-month extension.  OPINION HOLDS: Termination is in the child’s best interests.  There was not a strong enough bond between the mother and the child to overcome the need for termination.  There was no indication that the need for termination would not exist at the end of a six-month extension.  

Case No. 21-1789:  In the Interest of R.L., X.L., and A.L., Minor Children

Filed Jan 27, 2022

View Opinion No. 21-1789

            Appeal from the Iowa District Court for Mitchell County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother’s only claim we may hear on appeal was that the district court should not have terminated her parental rights because of the closeness of the child-parent bond.  We affirm the district court that there is insufficient evidence of this bond so as to avoid termination.

Case No. 19-1919:  State of Iowa v. Tyjuan Levell Tucker

Filed Jan 12, 2022

View Opinion No. 19-1919

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

            Tyjuan Tucker appeals his conviction of possession of marijuana with intent to deliver, challenging: (1) the sufficiency of the evidence; (2) the district court’s finding the underrepresentation of African-Americans in the jury pool was not due to “systematic exclusion”; (3) trial counsel’s failure to present expert testimony on the “systematic exclusion” issue; and the district court’s exclusion of both (4) documents related to a prior settlement involving Tucker, and (5) portions of body camera footage of his arrest.  OPINION HOLDS: The conviction is affirmed as: (1) there was sufficient evidence to support the jury’s verdict; (2) there was insufficient evidence of systematic exclusion; (3) Tucker is foreclosed from raising his ineffective-assistance-of-counsel claim on direct appeal; and the district court did not abuse its discretion in excluding either (4) the settlement documents or (5) portions of the footage of his arrest.

Case No. 20-0044:  Spencer Antowyn Pierce v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 20-0044

  

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Carr, S.J.  Opinion by Schumacher, J.  Dissent by Carr, S.J.  (10 pages)

            Spencer Antowyn Pierce appeals the summary disposition of his second application for postconviction relief.  OPINION HOLDS: Given the narrow constraints of Allison v. State, we affirm the dismissal of Pierce’s second application for postconviction relief.  DISSENT ASSERTS: Because the claims in the second PCR action impliedly allege Pierce’s first PCR counsel was ineffective in advancing claims in his first PCR action, I would find his second PCR action falls within the Allison exception and reverse.

Case No. 20-0086:  State of Iowa v. Hillary Lee Hunziker

Filed Jan 12, 2022

View Opinion No. 20-0086

            Appeal from the Iowa District Court for Buchanan County, Andrea Dryer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J. (27 pages)

            Hillary Hunziker appeals from her conviction of murder in the first degree.  She argues (1) the district court erred in denying a continuance based on the unavailability of her expert witness, (2) the jury instructions about the insanity defense did not correctly state the law, (3) her conviction is contrary to the weight of the evidence, (4) the district court erred in denying two requests for substitute counsel, and (5) she should be able to assert an ineffective-assistance-of-counsel claim on this direct appeal or have her case reviewed for plain error.  OPINION HOLDS: The district court did not err in denying her request for continuance.  The jury instructions correctly stated the law regarding the insanity defense.  The conviction is supported by the weight of the evidence.  The district court gave her ample opportunity to explain her request for substitute counsel, but she did not meet the required burden.  Ineffective-assistance-of-counsel claims are reserved for postconviction relief and we do not adopt plain-error review. 

Case No. 20-0149:  State of Iowa v. Kyle Andrew Hattrup

Filed Jan 12, 2022

View Opinion No. 20-0149

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            Kyle Hattrup appeals his convictions and sentences for multiple crimes.  OPINION HOLDS: We find no error in the district court’s exclusion of Hattrup’s post-crime mental-health condition and treatment progress.  Also, even if the evidence should not have been excluded, the evidence had already been presented to the jury through other witnesses, so any error was harmless.  As for sentencing, the district court did not consider any improper facts or factors in deciding on Hattrup’s sentence. 

Case No. 20-0624:  In re Marriage of Doss & Huffer

Filed Jan 12, 2022

View Opinion No. 20-0624

            Appeal from the Iowa District Court for Polk County, David Porter, Jeanie Vaudt, Scott D. Rosenberg, and Coleman McAllister, Judges.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Mullins and Ahlers, JJ.  Greer, J., takes no part.  Opinion by Mullins, P.J.  (23 pages)

            Duane Huffer appeals following the entry of a decree dissolving his marriage to Angela Doss.  He argues (1) the district court erred in allowing his first attorney to withdraw without notice to him or a hearing and allowing the attorney to disclose privileged attorney-client information; (2) the court erred in not allowing additional discovery and a deposition of Angela; (3) the court erred in finding Angela more credible, given her alleged dishonesty about domestic abuse in the past; (4) the court misvalued property; (5) the court’s distribution of assets was inequitable; (6) he should have been awarded temporary and permanent spousal support; (7) he should have been awarded temporary attorney fees and Angela should not have been awarded trial attorney fees; (8) the court erred in concluding his third attorney was ethical in withdrawing based on his refusal to follow his direction “to challenge [Angela’s] lies about domestic violence”; and (9) the court shirked its duty of impartiality.  OPINION HOLDS: We affirm on all issues except the attorney fee award in favor of Angela.  On our review, we are unable to conclude Angela has a need for an award or that Duane has an ability to pay.  We modify the decree to vacate the attorney fee award.  We also deny Angela’s request for appellate attorney fees.

Case No. 20-0856:  Robert Gerald Hoose v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 20-0856

            Appeal from the Iowa District Court for Mills County, Craig M. Dreismeier, Judge.  AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (10 pages)

            Robert Hoose appeals the denial of his application for postconviction relief.  OPINION HOLDS: Hoose failed to prove counsel was ineffective, and the district court did not abuse its discretion in concluding the claim of newly discovered evidence did not warrant a new trial.  We therefore affirm.

Case No. 20-0883:  Enrique Aboites Garcia v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 20-0883

            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 Ahlers, J.  (11 pages)

            Enrique Garcia appeals the dismissal of his fourth application for postconviction relief (PCR).  OPINION HOLDS: The district court properly granted the State’s motion to reconsider; Garcia’s actual innocence claims were properly dismissed; Allison v. State, 914 N.W.2d 866 (Iowa 2018), does not apply to Garcia’s case so that his ineffective-assistance-of-PCR-counsel claim could be heard; and Garcia did not suffer violation of his constitutional rights when the district court dismissed this PCR application.

Case No. 20-0967:  State of Iowa v. Shawn William Durrell

Filed Jan 12, 2022

View Opinion No. 20-0967

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Doyle and Carr, S.J.J.  Opinion by Carr, S.J.  (8 pages)

            Shawn Durrell appeals his conviction following a guilty plea to sexual misconduct with an offender.  OPINION HOLDS: Durrell has shown good cause for a direct appeal.  He did not have a conditional guilty plea, and the court was not bound by the sentencing recommendation in the written guilty plea.  We find the court did not abuse its discretion in sentencing Durrell.  We affirm his conviction.

Case No. 20-1066:  GreatAmerica Financial Services Corporation v. Ride Now Auto Parts LLC, Josephine Dolatowski and Robert Hastis

Filed Jan 12, 2022

View Opinion No. 20-1066

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns (summary judgment) and Mary E. Chicchelly (attorney fees and final judgment), Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Ride Now Auto Parts LLC (Ride Now), Josephine Dolatowski, and Robert Hastis appeal the grant of summary judgment in favor of GreatAmerica Financial Services Corp. (GreatAmerica) related to a financing agreement and personal guaranty.  OPINION HOLDS: Ride Now ratified the financing agreement and is liable for its breach.  Dolatowski knew she was signing contracts and is bound by the terms of the personal guaranty.  Genuine issues of material fact remain as to whether fraud was perpetrated upon Hastis in the execution of the Guaranty.  As a result, we affirm the entry of judgment against Ride Now and Dolatowski, and we vacate the entry of judgment against Hastis and remand for additional proceedings.  We find no abuse of discretion in the amount of attorney fees awarded against Ride Now and Dolatowski. 

Case No. 20-1263:  State of Iowa v. Jay Salge

Filed Jan 12, 2022

View Opinion No. 20-1263

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J. (14 pages)

            Jay Salge pleaded guilty to fifty-eight counts of sexual exploitation of a minor, in violation of Iowa Code sections 728.1(7) and 728.12(3) (2020).  On appeal, Salge argues the consecutive sentences imposed are grossly disproportionate to his crimes under the United States and Iowa Constitutions.  Salge also contends the district court abused its discretion by failing to give adequate reasons for imposing consecutive prison sentences.  OPINION HOLDS: Salge was not given a mandatory minimum sentence and is immediately eligible for parole.  We therefore reject his claim of cruel and unusual punishment.  We discern no abuse of the court’s sentencing discretion. We therefore affirm.   

Case No. 20-1282:  In re Detention of Welsh

Filed Jan 12, 2022

View Opinion No. 20-1282

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Zachary Welsh appeals his commitment as a sexually violent predator.  OPINION HOLDS: There was substantial evidence to support the district court’s finding that Welsh meets the criteria to be committed as a sexually violent predator.

Case No. 20-1352:  State of Iowa v. Latrice D. Saunders

Filed Jan 12, 2022

View Opinion No. 20-1352

            Appeal from the Iowa District Court for Floyd County, Peter B. Newell, District Associate Judge.  CONVICTION CONDITIONALLY AFFIRMED, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS. Considered by Greer, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J. (7 pages)

            Latrice Saunders appeals following her conviction and sentence for fourth-degree criminal mischief in violation of Iowa Code section 716.6(1) (2019).  Saunders claims she is entitled to resentencing due to a statutory amendment and the district court did not properly consider her motion for new trial.  OPINION HOLDS: Saunders is entitled to resentencing due to an amendment to section 716.6(1), which became effective after Saunders’s conviction but prior to sentencing.  The district court did not apply the weight-of-the-evidence standard to Saunders’s motion for new trial.  So we remand for application of the correct standard to Saunders’s motion.

Case No. 20-1360:  State of Iowa v. Michelle Katherine Stockman

Filed Jan 12, 2022

View Opinion No. 20-1360

            Appeal from the Iowa District Court for Howard County, Alan T. Heavens, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J. (16 pages)

            Michelle Stockman appeals the denial of her motion to suppress evidence seized during execution of a federal search warrant.  OPINION HOLDS: Applying a Fourth Amendment analysis to the search warrant issued by a federal magistrate judge and primarily executed by federal agents, under the facts and circumstances of this case, the search of Stockman’s purse and of her person at jail were lawful and her motion to suppress was properly denied.

Case No. 20-1366:  Ryan Companies US, Inc. v. FDP WTC, LLC

Filed Jan 12, 2022

View Opinion No. 20-1366

   

Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (14 pages)

            FDP WTC, LLC (FDP) appeals a ruling in favor of Ryan Companies US, Inc. (Ryan) awarding damages on breach-of-contract claims; foreclosing mechanic’s liens; and awarding attorney fees, costs, and interest.  OPINION HOLDS: Because Ryan sought to increase costs of the work beyond the guaranteed maximum price without obtaining valid change orders for some of its work, we reverse that part of the district court’s ruling that awarded Ryan damages for the unapproved work and reduce Ryan’s damages accordingly.  The judgment in Ryan’s favor for attorney fees is vacated, and the case is remanded to the district court for determination of an appropriate attorney fee award.  We affirm the decision to foreclose Ryan’s mechanic’s liens, but for a modified amount consistent with this opinion to be determined on remand.

Case No. 20-1388:  Ronald James Taylor v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 20-1388

            Appeal from the Iowa District Court for Buena Vista County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (4 pages)

            Ronald Taylor appeals the dismissal of his fourth application for postconviction relief (PCR), asserting it was timely under Allison v. State, 914 N.W.2d 866 (Iowa 2018), and raising allegations of ineffective assistance from trial, appellate, and PCR counsel.  OPINION HOLDS: Under Iowa Code section 822.3 (2020), Taylor’s appeal is untimely.  And because this is Taylor’s fourth PCR application, Allison would not apply.  So Taylor’s application is untimely, and we affirm the dismissal. 

Case No. 20-1397:  Laurie Taylor v. Iowa State University Extension and Outreach Woodbury County Agricultural Extension District Office and, Accidentfund Insurance Company of America

Filed Jan 12, 2022

View Opinion No. 20-1397

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Mullins, P.J. and Blane and Doyle, S.JJ.  Opinion by Mullins, P.J.  (9 pages)

            Laurie Taylor appeals a district court order affirming the Workers’ Compensation Commissioner’s denial of her claims.  This court will also consider the motion to strike a portion of Taylor’s reply brief filed by the Iowa State University Extension and Outreach (ISUEO).  OPINION HOLDS: Taylor’s tolling argument was raised for the first time in her reply brief on appeal and is in violation of our rule against raising an issue for the first time in a reply brief.  We thus grant ISUEO’s motion to strike that portion of Taylor’s reply brief.  Because the commissioner’s finding that there was not timely notice that Taylor’s May 14, 2015 injuries were work-related was supported by substantial evidence, we affirm.  Taylor’s duty-to-investigate argument was not raised and litigated before the commissioner, and is not preserved for our review.  We find nothing in the record indicating that the agency failed to liberally interpret the act in compliance with statutory directives.

Case No. 20-1399:  In the Matter of the Estate of Clarence I. Laube, Deceased

Filed Jan 12, 2022

View Opinion No. 20-1399

            Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Per Curiam.  Special concurrence by Ahlers, J.  (21 pages)

            Sherry Reints appeals from the district court’s order enforcing a premarital agreement that prohibits her from taking the spousal election against her deceased husband’s will.  OPINION HOLDS: Sherry failed to meet her burden to establish unenforceability of her premarital agreement based on unconscionability or inadequate disclosure.  She also failed to prove a material breach of the agreement by her husband or his estate that would relieve her of her obligation to perform her obligation to not take against the will.  Finally, the estate did not waive its ability to contest Sherry’s efforts to take against the will by sending her notice of her right to make such a claim.  As a result, we affirm.  SPECIAL CONCURRENCE ASSERTS: I concur with the result, but I believe Sherry failed to preserve error on her claims of material breach by her husband or the estate and waiver by the estate due to sending her notice.

Case No. 20-1432:  Paul Yakel and Therese Yakel

Filed Jan 12, 2022

View Opinion No.

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (8 pages)

            Paul and Therese Yakel appeal the district court’s grant of Randall Wheeler’s motion for summary judgment as to their breach-of-contract, negligent-construction, and breach-of-implied-warranty claims.  OPINION HOLDS: We dismiss the appeal as interlocutory because each of the claims against Wheeler are intertwined with claims against the remaining defendants and granting an application for interlocutory appeal would not otherwise serve the interests of sound and efficient judicial administration. 

Case No. 20-1433:  Jeffrey Daniel Krone v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 20-1433

            Appeal from the Iowa District Court for Woodbury County, Duane F. Hoffmeyer, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Jeffrey Krone appeals the denial of his postconviction petition.  OPINION HOLDS: The district court wrongly decided Krone waived his ineffective-assistance claim.  We reverse and remand for a ruling on the merits. 

Case No. 20-1531:  State of Iowa v. Kenneth Hoxsey

Filed Jan 12, 2022

View Opinion No. 20-1531

            Appeal from the Iowa District Court for Scott County, Mark Fowler, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  Special Concurrence by Ahlers, J.  Dissent by May, J.  (9 pages)

            Kenneth Hoxsey appeals his sentence of immediate incarceration.  OPINION HOLDS: The district court explained its valid reasons for imposing sentence, did not consider inappropriate matters, and did not abuse its discretion.  We affirm.  SPECIAL CONCURRENCE ASSERTS: I write separately to emphasize a defendant appealing following a guilty plea should always explicitly address “good cause” in the appellant’s brief, even if failure to do so is not always fatal.  DISSENT ASSERTS: Because I am not convinced we have jurisdiction, I must respectfully dissent.

Case No. 20-1627:  Al Urbain Construction Management Company, Inc. v. CW Wolfe LLC

Filed Jan 12, 2022

View Opinion No. 20-1627

            Appeal from the Iowa District Court for Dubuque County, Alan Heavens, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J. and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            Al Urbain Construction Management Co. (AUCM) appeals and CW Wolff, LLC (CWW) cross-appeals the district court’s decision on their breach-of-contract claims.  The district court awarded damages to AUCM on one project and CWW on another project, then offset these two amounts.  OPINION HOLDS: We find the district court’s decision is supported by substantial evidence and affirm on the appeal and cross-appeal.

Case No. 20-1666:  State of Iowa v. William Emmette Stark

Filed Jan 12, 2022

View Opinion No. 20-1666

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Schumacher, J.  (6 pages)

            William Stark appeals his guilty plea. He also claims his counsel was ineffective.  OPINION HOLDS: We grant discretionary review of the denial of Stark’s motion in arrest of judgment but find no abuse of discretion in the denial.  As to Stark’s ineffective-assistance claim, because Iowa Code section 814.7 (2020) prohibits direct appeals for claims of ineffective assistance of counsel, we do not consider his ineffective-assistance claim.  Consequently, we affirm.

Case No. 20-1695:  State of Iowa v. Donte Grubbs

Filed Jan 12, 2022

View Opinion No. 20-1695

            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.  (9 pages)

            Donte Grubbs appeals his conviction for first-degree robbery.  OPINION HOLDS: We affirm because sufficient evidence supported the jury’s verdict, and the district court did not abuse its discretion in admitting the other acts evidence.

Case No. 20-1739:  State of Iowa v. Abraham Riko

Filed Jan 12, 2022

View Opinion No. 20-1739

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Greer, P.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (6 pages)

            Abraham Riko appeals his conviction of third-degree burglary, challenging the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, including all reasonable inferences, as we must, we find sufficient evidence to support the conviction of third-degree burglary and affirm.

Case No. 21-0036:  Vincent Michael Kobliska v. Iowa Civil Rights Commission

Filed Jan 12, 2022

View Opinion No. 21-0036

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (13 pages)

            A landlord appeals from a district court ruling that affirmed an agency finding he discriminated against a tenant.  OPINION HOLDS:  As we find substantial evidence in the record to support the decision, we affirm. 

Case No. 21-0064:  In the Interest of C.H., S.H., and K.H., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-0064

            Appeal from the Iowa District Court for Davis County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Ahlers and Badding, JJ.  Opinion by May, P.J.  (6 pages)

            A father appeals the termination of his parental rights under Iowa Code chapter 600A (2020).  He claims (1) the juvenile court did not have subject matter jurisdiction, (2) he did not abandon his children, and (3) termination is not in the children’s best interests.  OPINION HOLDS: The juvenile court had subject matter jurisdiction.  The father abandoned the children.  And termination is in the children’s best interests.

Case No. 21-0116:  Charles Raymond Albright v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 21-0116

            Appeal from the Iowa District Court for Franklin County, James M. Drew, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (13 pages)

            Charles Albright appeals the denial of his application for postconviction relief.  OPINION HOLDS: Finding no merit in any of his seven claims and no cumulative prejudice, we affirm the denial. 

Case No. 21-0156:  In re Marriage of Lyga

Filed Jan 12, 2022

View Opinion No. 21-0156

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED AS MODIFIED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (12 pages)

            Dale Lyga appeals the decree dissolving his marriage to Katherine Lyga.  He argues the district court erred in placing impermissible contingencies on his visitation with the parties’ children, severely and unreasonably limiting his visitation, awarding sole legal custody to Katherine, miscalculating his income for the purposes of child support, and failing to assign any Arizona debt to Katherine.  Katherine requests attorney fees on appeal.  OPINION HOLDS: On our de novo review of the record, we agree with the district court that it is in the best interests of the parties’ children to award sole legal custody to Katherine.  We also agree that the step-up visitation plan is in the best interests of the children, subject to modifications in the best interest of the children.  We agree with the district court that Dale unilaterally incurred the debt when he relocated from Arizona to Iowa for his own purposes and benefit.  Thus, the order that the debt be assigned to Dale is affirmed.  We remand to the district court the issue of appellate attorney fees, and we tax costs to Dale.

Case No. 21-0178:  Brandon VanBuskirk v. Elsie Seifert

Filed Jan 12, 2022

View Opinion No. 21-0178

            Appeal from the Iowa District Court for Cass County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (2 pages)

            Elsie Seifert appeals the decree placing the parties’ child in Brandon VanBuskirk’s physical care.  OPINION HOLDS: We affirm.

Case No. 21-0204:  Ronald Jensen, Arlene Jensen, Dale and Bonnie Knutson Trust, Dorothy J. Heintz and L&C Farm LLC v. Lauris Olson, Linda Murken, Lisa Heddens, in their Official Capacity as Drainage District Grant #5 Trustees, Story County Assessor and Story County Treasurer

Filed Jan 12, 2022

View Opinion No.

            Appeal from the Iowa District Court for Story County, Amy M. Moore, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Landowners appeal the dismissal of their petition for declaratory judgment against the district’s trustees and others challenging levies imposed after a failed annexation.  OPINION HOLDS: The district court did not err in dismissing the landowners’ petition.

Case No. 21-0258:  West Des Moines Hotel Associates, LLC v. Dallas County Board of Review

Filed Jan 12, 2022

View Opinion No. 21-0258

            Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED.  Heard by Greer, P.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (16 pages)

            West Des Moines Hotel Associates, LLC (“Associates”) challenges the Dallas County Board of Review’s approval of the 2019 assessment of the West Des Moines Marriott (“Hotel”).  The district court affirmed.  On appeal, Associates contends the court erred in determining the Board met its burden to prove the property was not over assessed.  OPINION HOLDS: Having considered the record evidence, testimony of the witnesses, and the respective drawbacks of each appraisal, we conclude the Board has met its burden to prove its valuation of the Hotel as of January 1, 2019, for $18,434,100 is not excessive.  We therefore affirm.

Case No. 21-0273:  Lisa L. Newell v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 21-0273

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

            Lisa Newell appeals an adverse summary judgment ruling, arguing (1) the district court failed to acknowledge the suit was a claim for state tort liability as opposed to a medical malpractice action against a person, (2) additional discovery should have been allowed before the grant of summary judgment, and (3) the court erred in concluding the claim required expert testimony.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the entry of summary judgment. 

Case No. 21-0288:  Jimmy Cochran v. Questliner, Inc. and Standard Fire Insurance Company

Filed Jan 12, 2022

View Opinion No.

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

            Jimmy Cochran appeals the workers’ compensation commissioner’s denial of penalty benefits against his former employer, Quest Liner, Inc., for its failure to seek an impairment rating after a physician placed Cochran at maximum medical improvement.  OPINION HOLDS: The commissioner’s denial of penalty benefits was not irrational, illogical, or wholly unjustifiable when Cochran, himself, disputed his placement at maximum medical improvement. 

Case No. 21-0299:  Lam Chau Ung v. State of Iowa

Filed Jan 12, 2022

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            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (5 pages)

            Lam Ung appeals from the dismissal of his second postconviction-relief application.  OPINION HOLDS: As equitable tolling does not apply to Iowa Code section 822.3 (2020), the application was untimely, and we affirm the district court’s dismissal. 

Case No. 21-0316:  Esteban Velazquez-Ramirez v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 21-0316

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

            Esteban Velazquez-Ramirez appeals the dismissal of his second application for postconviction relief (PCR).  OPINION HOLDS: (1) State v. Jonas, 904 N.W.2d 566 (Iowa 2017), does not apply retroactively; (2) Allison v. State, 914 N.W.2d 866, 891 (Iowa 2018), does not qualify as a “new ground of . . . law” for purposes Iowa Code section 822.3 (2018); and (3) Allison only applies to second PCR actions filed promptly after the conclusion of the first PCR action. 

Case No. 21-0395:  In the Interest of P.S., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-0395 and 21-0779

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (16 pages)

            The mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: Due to ongoing concerns about the parents’ mental health and substance abuse, we find the State proved a statutory ground for termination, and we reject their requests for an additional six months for reunification.  We also reject the father’s statutory and constitutional objections to holding concurrent permanency and termination proceedings, find no abuse of discretion in denying the father’s motion to reopen the record, and conclude reasonable efforts were made to avoid out-of-home placement.

Case No. 21-0397:  In the Interests of L.W. and L.W.

Filed Jan 12, 2022

View Opinion No. 21-0397

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

            A guardian appeals the district court’s order declining to terminate a father’s parental rights pursuant to Iowa Code chapter 600A (2020).  OPINION HOLDS: On our review of the record, we agree with the district court’s finding that the father did not abandon the children pursuant to Iowa Code section 600A.8(3)(b). 

Case No. 21-0448:  In re the Marriage of Frey and Kerres

Filed Jan 12, 2022

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            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (12 pages)

            The mother appeals the district court decision granting physical care of her child to the father and ordering her to pay child support.  In the alternative, she argues for increased visitation time.  OPINION HOLDS: The district court properly awarded the father physical care of the child.  The record does not support an increase in the mother’s visitation time.  Both issues are affirmed.  The award of child support is reversed and the matter is remanded to the district court to make findings regarding the parties’ incomes and an appropriate child support award.

Case No. 21-0476:  In the Interest of W.N. and G.N., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-0476

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON PARENTS’ APPEALS; REVERSED AND REMANDED ON INTERVENORS’ APPEAL.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J. (14 pages)

            A mother and father separately appeal the termination of their parental rights to their children, and intervening grandparents appeal an order on placement and guardianship.  OPINION HOLDS: We affirm the district court’s termination decision.  We reverse the placement/guardianship decision and remand for waiver of the placement investigation and report pursuant to Iowa Code section 600.8(12) (2020) and for consideration of the grandparents as adoptive parents or, alternatively, for appointment of the grandparents as guardians pursuant to Iowa Code section 232D.201(1).

Case No. 21-0480:  Rachel Marie Weber Haugo v. Joshua Scott Haugo

Filed Jan 12, 2022

View Opinion No. 21-0480

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

            A husband appeals the imposition of a civil no-contact order prohibiting him from contacting his wife, arguing his wife did not establish he committed an assault.  OPINION HOLDS:  As we, like the district court, find the evidence established the husband committed an assault, we affirm.

Case No. 21-0486:  In the Interest of A.N.

Filed Jan 12, 2022

View Opinion No. 21-0486

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (12 pages)

            A.N. appeals the juvenile court’s ruling placing him on the sex offender registry, claiming the sentence was based on insufficient evidence of his sexual motivation, the court abused its discretion in denying his motion to continue, and his placement on the sex offender registry constitutes cruel and unusual punishment.  OPINION HOLDS: The appeal in regards to the sexual motivation of A.N.’s acts is untimely.  The court did not abuse its discretion as A.N. did not prove good cause for his absence and given the impending deadline of A.N.’s eighteenth birthday.  Placement of a juvenile on the sex offender registry, while punitive, is not cruel and unusual punishment categorically or as applied to A.N. 

Case No. 21-0523:  Mercy Medical Center and Indemnity Insurance Company of North America v. Norma Lund

Filed Jan 12, 2022

View Opinion No. 21-0523

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  REVERSED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (12 pages)

            Norma Lund appeals the district court’s judicial review decision reversing the workers’ compensation commissioner’s finding that her bilateral shoulder injuries were caused by her employment with Mercy Medical Center.  She claims the district court misapplied the law and erroneously concluded there was a lack of evidence to support a determination of medical causation.  OPINION HOLDS: We reverse the decision of the district court. 

Case No. 21-0585:  State of Iowa v. Christopher William Stechman

Filed Jan 12, 2022

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            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J. (4 pages)

            Christopher Stechman appeals, contending the district court considered unproven crimes in imposing sentence.  OPINION HOLDS: We discern no abuse of discretion in the court’s statement of reasons for the sentences. 

Case No. 21-0695:  In re Marriage of Edgerton

Filed Jan 12, 2022

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            Appeal from the Iowa District Court for Mills County, Michael Hooper, Judge.  AFFIRMED AND REMANDED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (11 pages).

            Robert Edgerton appeals a ruling modifying the joint physical care provision of the stipulated decree dissolving his marriage, challenging the standard employed by the district court.  OPINION HOLDS: We find the district court applied the correct standard and considered appropriate factors in deciding which parent should have physical care.  After doing the same on our de novo review of the record, we affirm the modification ruling placing the children in the mother’s physical care.  We remand for the district court to determine a reasonable amount of attorney fees to be awarded to Jessica Edgerton. 

Case No. 21-0779:  In the Interest of P.S., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-0779

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (16 pages)

            The mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: Due to ongoing concerns about the parents’ mental health and substance abuse, we find the State proved a statutory ground for termination, and we reject their requests for an additional six months for reunification.  We also reject the father’s statutory and constitutional objections to holding concurrent permanency and termination proceedings, find no abuse of discretion in denying the father’s motion to reopen the record, and conclude reasonable efforts were made to avoid out-of-home placement.

Case No. 21-0843:  In the Interest of S.W., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-0843

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

            A mother appeals the termination of her parental rights to her child.  She contends the State failed to prove the grounds for termination by clear and convincing evidence and seeks additional time to work toward reunification.  OPINION HOLDS: We reject both claims on our de novo review of the record and affirm the termination order.

Case No. 21-0972:  Ian Lee Leib v. State of Iowa

Filed Jan 12, 2022

View Opinion No. 21-0972

            Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (4 pages)

            Ian Leib appeals the dismissal of his application for postconviction relief, contending trial counsel was ineffective in failing to obtain the certified K-9 officer’s training records and filing a motion to suppress.  OPINION HOLDS: The K-9 officer was a certified drug dog and is thus presumed reliable.  Leib presented no evidence to rebut the dog’s reliability.  Consequently, trial counsel breached no duty in not filing a motion to suppress.  Leib’s ineffective-assistance claim fails, and the court did not err in dismissing the application.

Case No. 21-1191:  In the Interest of P.S., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1191

            Appeal from the Iowa District Court for Clayton County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Carr, S.J.  Opinion by Carr, S.J.  (7 pages)

            A mother appeals a permanency order placing sole custody of her child with the father.  OPINION HOLDS: We find there is clear and convincing evidence to show the child cannot be safely returned to the mother’s care.  Also, an extension of six months is not appropriate because it is unlikely the need for removal would no longer exist at the end of the six-month period.  We affirm the decision of the juvenile court

Case No. 21-1210:  In the Interest of C.J., C.J., N.J., and N.P.-R., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-1210

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Scott, S.J.  Opinion by Scott, S.J.  (11 pages)

            A mother appeals the adjudication of her four children as in need of assistance pursuant to Iowa Code section 232.2(6)(c)(2), (n), and (o) (2021), as well as continued removal following disposition.  OPINION HOLDS: We find the evidence sufficient to support each of the statutory grounds for adjudication cited by the juvenile court and affirm the order for continued removal following disposition.

Case No. 21-1241:  In the Interest of K.T., H.T., R.T., Jr., and C.T., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-1241

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            A mother appeals the termination of her parental rights.  She argues termination was not in the children’s best interests and the court should have instead established guardianships for the children.  OPINION HOLDS: Termination—not the establishment of guardianships—was in the children’s best interests.

Case No. 21-1350:  In the Interest of H.B., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1350

            Appeal from the Iowa District Court for Polk County, Rachael E. Frideres-Seymour, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (11 pages)

            A mother appeals the termination of her parental rights to her four-year-old son.  OPINION HOLDS: The record supports that the child could not be returned to the mother’s custody at the time of the termination hearing and termination is in the child’s best interest. Accordingly, we affirm the district court.  

Case No. 21-1387:  In the Interest of L.M. and L.M., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-1387

            Appeal from the Iowa District Court for Mills County, Scott D. Strait, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            The mother appeals the termination of her parental rights to her twin children.  She claims the juvenile court erred in finding that the children, who were over four years of age and had been adjudicated in need of assistance, could not be returned to her physical custody.  OPINION HOLDS: Upon de novo review, we find the record of the mother’s methamphetamine addiction, relapse after two drug treatments, unknown whereabouts for five months before the termination hearing, and failure to attend the termination hearing, supports termination under Iowa Code section 232.116(1)(f) (2021), does not support her claim that termination is not in the best interest of the children, and does not warrant an extension to reunify her with the children.  So we affirm the termination. 

Case No. 21-1422:  In the Interest of C.G. and S.H., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-1422

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (9 pages)

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

Case No. 21-1441:  In the Interest of D.C., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1441

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We find the grounds for termination have been established, an extension is not warranted, and termination is in the best interests of the child.  We affirm.

Case No. 21-1444:  In the Interest of T.H., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1444

            Appeal from the Iowa District Court for Lee County, Daniel P. Kitchen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (12 pages)

            A father argues that termination of his parental rights was not the least restrictive disposition, that the State did not provide reasonable efforts, and that he should have been granted a six-month extension.  OPINION HOLDS: Termination is not bound by the least-restrictive disposition.  As the father failed to point to specific services he was not provided nor changes he believed he could make with an additional six months, we affirm.  

Case No. 21-1466:  In the Interest of L.M and L.M., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-1466

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

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: There is sufficient evidence in the record to support termination of the mother’s parental rights.  She did not preserve error on her claim regarding reasonable efforts.  We find termination of the mother’s parental rights is in the children’s best interests.  Thus, we affirm the decision of the district court.

Case No. 21-1484:  In the Interest of X.H., T.H., and L.H., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-1484

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (7 pages)

            The mother appeals the termination of her parental rights to three of her children, born in 2013, 2014, and 2017.  The juvenile court terminated her parental rights as to all three children under Iowa Code section 232.116(1)(g) and (f) (2021).  Here, the mother argues the State failed to prove the children could not be returned to her care at the time of the termination hearing, the loss of her rights is not in the children’s best interests, statutory factors weigh against terminating her parental rights, and the juvenile court should have established a guardianship with the paternal grandparents instead of terminating her rights.  OPINION HOLDS: We affirm the termination of the mother’s parental rights as to all three children under section 232.116(1)(f). 

Case No. 21-1495:  In the Interest of A.B., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1495

            Appeal from the Iowa District Court for Lee (South) County, Clinton R. Boddicker, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The State established statutory grounds for termination.  So we affirm the juvenile court as to both parents.

Case No. 21-1496:  In the Interest of C.W., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1496

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            A mother and father separately appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: The mother was provided with reasonable efforts for reunification, there is clear and convincing evidence in the record to support termination of the father’s parental rights, and termination is in the best interests of the child. 

Case No. 21-1514:  In the Interest of B.S., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1514

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (9 pages)

            The juvenile court terminated the parental rights of the father, B.S., and the mother, T.B.F., to their child, born in August 2020.  The parents separately appeal.  The father contests the finding that the child could not be returned to his care at the time of the termination hearing.  He also contends it is not in the child’s best interests to terminate his rights and, as an alternative, requests a six-month extension to demonstrate his ability to meet the child’s needs.  Similar to the father’s approach, the mother concedes all required grounds for termination but for the last—disputing the child could not be returned to her at the time of the termination hearing.  Like the father, she asserts it is not in the child’s best interests to terminate her parental rights and the juvenile court erred by not granting her a six-month extension to establish a safe home for the child.  OPINION HOLDS: We affirm the termination of the mother’s and the father’s parental rights.

Case No. 21-1540:  In the Interest of N.H., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1540

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (10 pages)

            A mother appeals the termination of her parental rights to her child.  She asserts the district court abused its discretion when it denied her motion for a continuance of the termination hearing.  She also argues that there was insufficient evidence supporting a statutory ground for termination, that termination was not in the child’s best interest, and that the court should have found a permissive exception to termination.  OPINION HOLDS: We affirm.

Case No. 21-1654:  In the Interest of P.H. and E.H., Minor Children

Filed Jan 12, 2022

View Opinion No. 21-1654

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: On our de novo review, we agree with the juvenile court that grounds for termination exist, no extension of time is warranted, and termination of the mother’s parental rights is in the children’s best interests, which is not countermanded by any permissive exception. 

Case No. 21-1690:  In the Interest of M.D., Minor Child

Filed Jan 12, 2022

View Opinion No. 21-1690

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (5 pages)

            The juvenile court terminated the mother’s parental rights to her child, M.D., born in August 2020, under Iowa Code section 232.116(1)(g) and (h) (2021).  On appeal, the mother purports to challenge the statutory grounds, argues termination of her rights is not in the child’s best interests, and claims the closeness of her bond with the child weighs against termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

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